Apr 112014
 

A pedestrian hit by a car, bus or truck in New Jersey often sustains serious injuries.  In some cases, a pedestrian may die as a result of the car accident.  A pedestrian does not have anything to protect them from the impact.  When a pedestrian is hit by a large vehicle at high speed, such as a bus or truck, he/she is often thrown into the air and sustains catastrophic orthopedic injuries.

Last month, there were several pedestrian-car accidents in New Jersey, and two of them sadly resulted in fatalities.

Somerville, NJ Woman Hit by Car

At the end of March, a Somerville, NJ woman was hit and killed by a car.  The woman sustained severe head trauma and was pronounced dead at the hospital.  The woman was with another man who was also hit by the car and injured as a result.

Two Pedestrians Hit in Galloway Township, NJ

The week before this accident, two pedestrians were struck by a car in Galloway Township, NJ while walking on the sidewalk. One of the pedestrians was a 67 year old woman who died at the scene.  The other pedestrian, a 73 year old woman, was injured and transported to a local hospital.  The driver of the Honda Civic apparently lost control of her car, struck the 2 pedestrians and ultimately struck a tree.

Both of these accidents are under investigation, and no one has been charged in connection with these accidents.

Related FAQ: I was hit by a car while crossing a street in Cherry Hill and was injured. I now have herniated discs in my neck. Can I sue the driver that hit me for my neck injuries?

How Pedestrians’ Medical Bills are Paid After a NJ Pedestrian Car Accident

Even though pedestrians are not driving their cars when they are hit by cars, the medical benefits coverage (PIP) from their car insurance policies applies.  Under NJ car accident and automobile insurance laws, an injured pedestrian’s medical bills incurred as a result of an auto accident are covered by his/her own car insurance policy.  See Who Pays for a Pedestrian’s Medical Bills After Getting Hit By a Car or Truck in South Jersey?

If an injured pedestrian does not own a car, and thus does not have a car insurance policy, he/she would be covered by an applicable auto insurance policy.  For example, an injured pedestrian is covered by his/her parents’ car insurance policy because he/she is a member of the family and residing in the household.  Medical expenses incurred as a result of the pedestrian-car accident would be covered by the parents’ PIP coverage.

If the injured pedestrian is not covered by any applicable car insurance policies, then the driver’s car insurance policy would pay for the pedestrian’s medical expenses.

A Pedestrian’s Right to Sue the At Fault Driver

When a pedestrian sustains catastrophic injuries, he may sue the driver who hit him for injuries and pain and suffering.  However, when injuries are not catastrophic, a pedestrian is bound by his “threshold” status on his car insurance policy.  If the pedestrian has verbal threshold on his/her car insurance policy, he may only sue for pain and suffering damages if his injuries fall within certain statutory exceptions.  For a detailed discussion about a pedestrian’s right to sue, see NJ Pedestrian/Car Accident Law – What Pedestrians Need to Know About Their Rights to Sue.

Help from a NJ Pedestrian Car Accident Lawyer

If you were hit by a car in Cherry Hill, Camden or Marlton, NJ and would like to know your legal rights, call Philip T. Ciprietti at 800.281.8695 to schedule a FREE consultation.

Sources: www.nbc40.net (Pedestrian struck and killed in morning crash); www.NJ.com (Somerville pedestrian fatally struck by Manville driver, police say)