A pedestrian in Hazlet, New Jersey was struck and killed by a vehicle while she was crossing Route 36 according to reporting by the Asbury Park Press. The victim’s initials were C.V. She was 34 years old at the time of her death. According the Asbury Park Press, who cited to Monmouth County Prosecutor Christopher J. Gramiccioni, the victim was in a marked crosswalk while she was struck by a 2004 Ford Freestar van.
The Accident is being investigated by the Monmouth County Serious Collision Analysis Response Team. Authorities have asked anyone with information to contact them.
Legal Analysis
Under New Jersey personal injury law, an individual who is crossing in a crosswalk is often times presumed to have the right of way. However, a pedestrian also has a duty to obey traffic signals and act in a reasonable and prudent manner when they are crossing the street. Under New Jersey law, the fault that is associated with an accident in a civil claim, can be apportioned between the parties that were involved in the accident. In other words, a jury or arbitrator will determine if the deceased person was at fault for the accident. The jury or arbitrator will then determine what percentage of the fault should be attributed to the deceased person. This means that the jury or arbitrator may determine that the deceased person was 10 percent at fault for the pedestrian accident however the driver of the vehicle that struck the pedestrian was 90 percent at fault for the accident. In this circumstance, the ultimate award for damages to the deceased person’s family will be reduced by 10 percent.
Another issue that may arise in some pedestrian accidents is a law that is known as the limitation on lawsuit provision. Under this law, an individual will have his or her right to file a lawsuit limited, even if they are a pedestrian, if they own a car and have this limitation on their insurance policy. However, in a deadly pedestrian accident, this limitation does not apply as a suit which arises from a deadly accident is not subject to the limitation.
WeCanHelp.law
If you or someone you know has been involved in a pedestrian accident or otherwise wish to speak with one of our Monmouth County personal injury attorneys call our office or click on the chat tab. One of our lawyers will take the time to discuss your particular legal situation with you.
