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Pedestrian vs. car accidents often cause serious or fatal injury

The vulnerability of pedestrians is often reiterated every time a news story appears that involves the serious injury or death of someone struck by a motor vehicle. People who are walking near roadways tend to believe that they are safe when they remain on the sidewalks and other designated walkways in New Jersey. Sadly, even when pedestrians follow all of the rules, there is no guarantee they will avoid becoming the victims of car accidents

For example, a 37-year-old woman and her 6-year-old son were walking on a sidewalk recently when tragedy struck. A vehicle driven by a 21-year-old man somehow jumped the curb and slammed into the mother and son. When emergency personnel arrived at the scene, both pedestrians were clinging to life.

Tragically, the boy succumbed to his injuries shortly after his arrival at the hospital. At last report, his mother was still in the hospital, and her condition was reported as critical. Information regarding the nature and extent of her injuries, along with her prognosis, was not available. The driver suffered only minor injuries and faces charges in connection with the crash.

When she is able, the mother is entitled to file wrongful death and personal injury claims against the driver. As is the case in other claims arising from New Jersey car accidents, she is not required to wait for the outcome of the criminal case before she proceeds with any civil claims. However, if the driver is convicted of a crime relating to this tragedy, it could be offered as evidence of negligence in civil court, which is required before an award of damages may be considered.

Source:, "6-year-old killed, mother injured when car jumps curb, striking them in Highland Park", Jan. 17, 2016

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