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I was a pedestrian walking across a street and was injured when hit by a car. Can I sue the driver who hit me?



It depends on what state the accident happened in. I know this sounds odd, but it also depends on what tort option you chose for your car insurance policy if you have a car. Click on the following link to read about tort options: Similar Accidents, Different Outcomes for Injured Pedestrians in PA and NJ (Part A)

If your accident happened in Pennsylvania, you will be be able to sue the negligent driver for your injuries and non-economic damages regardless of what kind of tort option you have on your car insurance policy.

However, if your accident happened in New Jersey and you have a New Jersey car insurance policy with the limitation on lawsuit option, you will not be able to sue for non-economic damages unless your injuries fall within at least one of the 6 injury exceptions.  However, if you have no limitation on lawsuit, then you can sue for your injuries, including non-economic damages.

If your accident happened in New Jersey, it is important to talk to an experienced New Jersey personal injury lawyer who handles car accident cases and who can evaluate whether your injuries fall within the 6 exceptions to limitation on lawsuit option.  Feel free to contact our PA and NJ car accident lawyers to discuss your legal right.

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Published: 9-25-12

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