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Can a New Jersey pedestrian be partially at fault in an accident?

April 25, 2012

A northern New Jersey street was the scene of a recent car accident that involved a pedestrian. Pedestrian accidents, which usually involve a pedestrian and a motor vehicle, can cause a wide array of injury to the pedestrian. Pedestrians can incur any type of injury that ranges from a minor personal injury to ones that may prove fatal. In assessment of pedestrian injuries, a determination of fault through a negligence analysis can quickly become complex.

Recently, a 24-year-old pedestrian was injured after being hit by a car on a northern New Jersey street. Reports indicate the pedestrian had stepped into the roadway during busy traffic and there is a question as to whether they were in the crosswalk or not.

As a result of the accident, the pedestrian hit the motor vehicle’s windshield. After the accident the pedestrian went to the hospital and no further report is available regarding his physical condition.

Police reports indicate the pedestrian may face charges in relation to this accident. Traffic violations may or may not affect a civil lawsuit, but what this particular situation shows us is that some of the accidents involve complex issues. In a negligence lawsuit, a jury is the one that determines the proportionate fault of the individuals involved in an accident.

Even if a pedestrian was partially at fault, some states still provide a route to compensation for their injuries. When this may be the case, it is very important that the injured person has an attorney who can help the jury understand the circumstances of the accident. The attorney is the one who can help them understand the pain the victim was placed in. Even the slightest difference in perception can change a jury determination.

Source: nj.com, “NJ police to charge pedestrian for accident,” April 24, 2012

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