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When a pedestrian is hit on the highway

On Behalf of | Jul 28, 2022 | Car Accidents

When a pedestrian has been injured while walking on or near a New Jersey highway, it’s crucial that they ascertain the facts and document everything that happened as much as possible. Insufficient evidence to prove your case may lead to the preclusion of the claim, completely preventing it from being heard in court.

Are pedestrians protected by law?

To a reasonable degree, the onus is on the pedestrian to watch out for their own safety. There is the expectation that people on foot understand that different situations come with various types and levels of risk. This makes it important for these injured pedestrians to prove that they met this obligation when the collision occurred.

Making a legal claim may be a pathway to receiving compensation for their injuries, which may come in the form of a general negligence claim. You can pursue this type of claim whenever a driver is at fault for a collision with a pedestrian.

Other times, a legal claim may be pursued against the organizations that designed the roads or were responsible for constructing, maintaining, and repairing them. This recourse often leads to your legal action being brought as high up as the state or even federal level, making it highly important that you have all of your facts and evidence lined up.

What are pedestrians doing on the highway?

Some of the most common motor vehicle accidents involving pedestrians take place at night. Unfortunately, those with substance abuse or mental health issues are among the most likely to be walking on the shoulder of a highway after dark. The main reason why people set foot on the highway is simply to cross the road illegally.

Even when a person technically isn’t supposed to walk on a particular roadway, the agencies who build and maintain the roads are expected to use a reasonable level of care to help keep pedestrians out of harm’s way. However, the amount of recovery that the accident victim receives may depend on their conduct at the time of the accident. This takes into account whether the individual was exercising reasonable precautions to protect themselves.