Chances are good that you can file a claim. Motor vehicles should never collide with pedestrians. When it happens, it usually means the driver of the vehicle (or someone else) did something seriously dangerous that violated not just the law, but also a basic duty to avoid decisions or actions behind the wheel that could end up harming pedestrians like you.
One factor that could complicate the answer to the question, however, is whether you are covered by a New Jersey auto insurance policy. In the Garden State, all auto insurance policies include no-fault personal injury protection (PIP) coverage, which pays the policyholder’s own medical and disability-related expenses resulting from injuries suffered in a traffic accident.
PIP coverage does not just cover people when they get hurt in their cars, however. It also covers them if they get injured as a pedestrian in a traffic accident.
In purchasing auto insurance, New Jersey drivers must decide whether to pay extra for an unlimited right to sue at-fault parties in a traffic accident that injures them, or to pay less for a policy that limits their right to sue only for accidents that cause certain kinds of severe injuries.
So, if a PIP policy covers you, and you (or whoever purchased that policy) paid less for it by opting for a limited right to sue, then it’s possible you might not have the ability to sue for your injuries, or that you can only sue for certain types of damages.
If that all sounds complicated to you, then you aren’t alone. New Jersey’s auto insurance laws can get confusing. That’s why, if you want to know if you can sue for your Atlantic City pedestrian accident injuries, your best bet is to seek the advice of an experienced pedestrian accident injury lawyer as soon as possible.