Mar 192014
 

Pursuant to NJ law, drivers of motor vehicles must stop and stay stopped for a pedestrian crossing the roadway within any marked crosswalk.  If a driver does not stop for a pedestrian in a marked crosswalk, he/she may be liable for the pedestrian’s injuries and damages.

In your husband’s case, even though he was in a parking lot, he was still in a marked crosswalk.  Therefore, your husband may be able to bring a claim against the truck driver.

There may also be other parties liable for your husband’s injuries.  You mentioned that the truck driver said he did not see your husband.  If the truck driver’s view was obstructed, for example, due to an overgrown bush, the parking lot owner or the party responsible for maintaining the parking lot’s shrubs may also be responsible for your husband’s injuries. See New Jersey Pedestrian-Car Accident Lawsuits: Parties Other than Negligent Drivers may be Responsible

Let’s assume that the grocery store is responsible for trimming the overgrown bush.  Prior to your husband’s pedestrian-truck accident, there were other pedestrian-car accidents.  There is evidence that, prior to your husband’s accident, these other accidents were reported to the grocery store manager who was told about the overgrown bush. The grocery store manager was also told that the bush is dangerous because it obstructs drivers’ views.  However, the grocery store manager does nothing about the complaints.  In this situation, the grocery store may also be responsible for your husband’s injuries because the overgrown bush obstructed the truck driver’s view.  Therefore, the driver and the grocery store may both be liable for your husband’s accident and injuries.

In addition, you, as the injured pedestrian’s wife, may also have a claim against the responsible parties.  This type of claim is known as a loss of consortium claim.  You have the right to recover for the loss of your husband’s love, companionship and marital services as a result of his injuries from the accident.  For example, because of your husband’s injuries, you now bear 100% of the responsibility to perform house chores, take care of your children, etc. You may recover for these losses. For a detailed discussion on loss of consortium claims in NJ car accident cases, see NJ Car Accident Law: Can an Injured Car, Bus or Truck Victim’s Spouse Recover Damages?

You must be so worried and stressed about your husband’s injuries as a result of the accident.  Having to think about your husband’s legal rights probably adds another level of stress and anxiety for you.  Feel free to call my office to discuss your husband’s accident.  We can discuss all of your concerns and worries.  I always offer a FREE initial consultation.  Feel free to call 800-281-8695.