Parking lot pedestrian accidents and the related legal issues
I read today on NorthJersey.com about a grandma and her 2 year old granddaughter who were run over by an SUV in a Walmart parking lot. Besides wishing them a speedy recovery, there are some significant legal issues that they need to address:
- Who will pay for their medical bills? Pedestrians involved in car accidents generally have the bills paid by their own car insurance company (PIP coverage) assuming they or a family member with whom they reside owns a vehicle. What happens if there is no household vehicle? NJ has the Unsatisfied Claim and Judgment Fund (UCJF) which can provide medical payments to uninsured pedestrians if they meet certain requirements. One such requirement is that the offending vehicle be registered in NJ.
- Can they sue the operator of the SUV for damages other than medical expenses? Perhaps. NJ has a law that in some circumstances requires the injured party to suffer a serious injury before he/she can sue for pain and suffering. Serious injury is defined as death, dismemberment, loss of a fetus, significant scarring or disfigurement, displaced fracture, or a permanent injury. If either pedestrian is subject to this tort threshold and has not suffered such an injury, they will be precluded from suing.
There are many complicated legal issues involving pedestrian accidents. You should seek legal help to understand your rights.
Massachusetts Also Has Personal Injury Protection (PIP)Coverage. PIP in MA is different than New Jersey