A 76-year-old woman was injured in a New Jersey pedestrian accident when a car struck her as she crossed the street in an electric wheelchair. According to a report by The Star-Ledger, the pedestrian accident occurred near the intersection of Trinity Street and Water Street in Newton. Officials say the woman was crossing the road outside of a crosswalk but near an intersection when the car struck her. The Sussex woman was taken by helicopter to a medical center with a head injury. The 61-year-old female driver from Franklin has not been cited for the collision.
Under New Jersey law, individuals in wheelchairs have the same right-of-way privileges as pedestrians. Drivers are required to yield the right-of-way to pedestrians in crosswalks and at intersections. When a collision occurs outside of a crosswalk, it must be determined if either the pedestrian or the driver failed to exercise due care.
Pedestrians crossing outside of a crosswalk must yield the right-of-way to oncoming traffic. This does not, however, excuse drivers from exercising due care to avoid pedestrians. There are several questions that must be asked in these cases. Why was the motorist unable to avoid the collision? Was the driver exceeding the speed limit? Was the driver distracted or inattentive at the time? Negligent drivers may be held financially liable for the damages they cause even if they are not cited for the crash.
Victims of pedestrian accidents may file a personal injury claim against a negligent driver. In such cases, a skilled personal injury lawyer can help the victim pursue compensation for medical bills, lost wages and other related damages. The experienced NJ personal injury lawyers at Lependorf & Silverstein help pedestrians get fair compensation for the injuries and damages they have suffered. If you or a loved one has been injured in a New Jersey motor vehicle accident, please contact us at (609) 240-0040 for a free and comprehensive consultation.