A 38-year-old woman was killed in a New Jersey car accident when a vehicle struck her as she crossed the street. According to The Star-Ledger, the fatal pedestrian accident occurred on Route 46 near Baldwin Road in Parsippany. The woman was crossing the road when a 2008 Nissan struck her. She died at the scene of the crash. Officials say the 34-year-old driver that hit her had an expired license. An investigation is underway to determine if he will be cited for the fatal collision or face any other charges.
Under New Jersey Statute 39:4-36, all motorists must yield the right-of-way to pedestrians legally crossing the road at intersections and crosswalks and Statute 39:4-32-33 states that pedestrians must yield the right-of-way to oncoming motor vehicles. In such cases, it is up to investigators to determine who had the right-of-way at the time of the incident.
Even in New Jersey pedestrian accidents where the pedestrian did not have the right-of-way, it must be determined why the accident occurred. Did the motorist exercise due care and caution? Was the driver negligent in any way? Was the motorist distracted, speeding, under the influence, or driving recklessly? Was there a dangerous condition on the roadway, which may have caused or contributed to the accident? These are just some of the important questions that must be answered in such situations.
The family of a fatal car accident victim is able to file a wrongful death claim against the at-fault driver in order to receive compensation for a number of damages including medical expenses, funeral costs, and lost future income. The skilled Princeton car accident wrongful death attorneys at Lependorf & Silverstein have a long history of helping families get the compensation they need after a devastating car accident. If you are looking for more information about pursuing your legal rights, please call our offices at (609) 240-0040 for a free consultation and comprehensive case evaluation.