Pedestrian accidents – I read today on NorthJersey.com about a grandma and her 2 year old granddaughter who were run over by an SUV in a Walmart parking lot.
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Besides wishing them a speedy recovery, there are some significant legal issues that they need to address:
Who will pay for their medical bills?
Pedestrian Accidents involved in car accidents generally have the bills paid by their own car insurance company (PIP coverage) assuming they or a family member with whom they reside owns a vehicle. What happens if there is no household vehicle?
NJ has the Unsatisfied Claim and Judgment Fund (UCJF) which can provide medical payments to uninsured pedestrians if they meet certain requirements. One such requirement is that the offending vehicle be registered in NJ.
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Can they sue the operator of the SUV for damages other than medical expenses?
Perhaps. NJ has a law that in some circumstances requires the injured party to suffer a serious injury before he/she can sue for pain and suffering.
Serious injury is defined as death, dismemberment, loss of a fetus, significant scarring or disfigurement, displaced fracture, or a permanent injury.
If either pedestrian Accidents is subject to this tort threshold and has not suffered such an injury, they will be precluded from suing.
There are many complicated legal issues involving pedestrian accidents. You should seek legal help to understand your rights.
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FAQ
Who is at fault in a parking lot accident?
Who is at-fault in a parking lot accident? The most common misconception associated with parking lot accidents is known as the 50/50 guideline. This misunderstanding specifies that if 2 cars are involved in any kind of accident that occurs inside a parking lot, both drivers are equally at fault. This is not real!
How is fault determined in a parking lot accident?
In a parking lot crash, there are a couple of guidelines in determining fault: If one car rear-ends another car, after that the car in the back will typically be at fault…. If one car strikes another while production a left transform right into a parking space, the car which made a left transform will be at fault.
Who has the right away in a parking lot car or pedestrian?
A parking lot is private property, and the crosswalks and indications in them are merely to aid drivers, not serve as the end-all, be-all. Basically, pedestrians will have the right-of-way in a parking lot.
What are the repercussions of striking a pedestrian?
Drivers who strike pedestrians can face bad guy and civil repercussions. Depending upon the circumstances of the crash, bad guy penalties might consist of incarceration (jail or jail), probation, restitution (sufferer compensation), a driver’s license suspension, and penalties.
How do insurance provider determine who is at fault?
If the authorities don’t decide who is at fault, or the insurance company differs, your insurance adjuster will investigate the accident and use the information to determine fault. The insurance company will use pictures, maps, witness declarations, clinical documents, and unique formulas to determine fault.
What happens when you hit someone in a parking lot?
Leaving the scene is considered a bad guy violation. Depending upon the specify, a hit and run may be a misdemeanor or felony culpable by penalties, prison time, license factors or all these. If you leave the scene, a authorities policeman can use proof and monitoring video cams to determine, locate and arrest you.
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