Pedestrian Accident Lawyer Near Me-
Accidents involving cars can be extremely harmful to pedestrians, with serious injuries necessitating months or even years to recover from.
Medical expenses can quickly add up and leave pedestrians struggling financially. An experienced pedestrian accident lawyer can help get you the money that is owed to you after an injury-causing pedestrian collision.
No-Fault Insurance-
Pedestrian accidents often result in severe injuries. Medical bills and lost income quickly become costly; victims can seek recompense through car insurance claims by state rules and policies.
In New York, pedestrians injured in motor vehicle crashes may claim first-party benefits from their driver's personal injury protection (PIP) coverage; similarly, injured pedestrians can file PIP claims with any family car insurer that might provide them coverage if they do not own one themselves.
Benefits may provide some of the financial support a pedestrian needs after suffering serious injuries in an accident but do not provide sufficient compensation. If their injuries meet certain thresholds - which vary by state - they may pursue additional damages through litigation for their pain and suffering.
However, pedestrians should consult an experienced injury lawyer to receive maximum compensation through no-fault and PIP coverage. This is particularly essential if their injuries are severe and life-altering or if they need to sue outside of the no-fault system since these types of cases tend to follow traditional fault rules of law.
Comparative Negligence-
Pedestrians are at greater risk of being injured when struck by motor vehicles than motorists, due to lacking the protection provided by vehicle frames and engines to cushion impacts from collisions. Therefore, pedestrians must exercise extreme caution and obey all traffic laws when walking in traffic or crossing roads.
Unfortunately, not all pedestrians take this approach; pedestrians can sometimes be at fault in accidents when they fail to use adequate care when it comes to crossing streets and obeying traffic signals, including using crosswalks and traffic signals as required. Failure to exercise this level of care could result in comparative negligence charges against them and may limit their ability to recover damages.
Comparative negligence is a legal theory that assigns blame for an accident according to each party's percentage of responsibility, making for a more equitable determination than traditional contributory negligence rules, which disqualify victims from receiving financial recompense.
Example: A pedestrian who was jaywalking is struck by a car and hit by its driver; if that person was judged to be 30% at fault because they violated the law; they might find the driver at 70% due to speeding and being distracted by their phone; in this instance, only 70% of their damages would be collectible from driver/insurance company; some states have modified this rule with a 50% bar rule, potentially limiting how much a successful claim could recover from them.
Statute of Limitations-
New York State laws surrounding pedestrian accidents are complicated, yet one thing remains clear: injured victims only have a certain amount of time in which to file legal claims before it expire (also known as the statute of limitations and this period varies according to state).
If an injured pedestrian files their lawsuit after the statute of limitations has run out, any chance of receiving compensation from those responsible has expired. An experienced NYC pedestrian accident lawyer can help determine how long a victim has before taking legal action is too late and ensure their case is submitted on time.
When pedestrians are hit by cars, the results can be devastating injuries that have long-term repercussions and leave expensive medical bills for treatment that are difficult to pay. Thankfully, however, pedestrians typically are covered by insurance plans that provide the financial resources necessary for living comfortably.
But if the driver who struck a pedestrian was uninsured or their coverage limited by policy limits, legal action may be the only viable means of recovering adequate financial compensation. An experienced lawyer can identify potential sources of relief such as non-economic damages that are typically excluded from insurance policies; furthermore, they can help victims meet their burden of proof required to show that the responsible party was negligent.
Insurance Companies-
Pedestrian accident victims frequently sustain significant losses that require compensation, including lost income, medical bills, and pain and suffering. To be compensated adequately, they need the support of an experienced lawyer in filing their insurance claim successfully.
Usually, the driver of a car that hits a pedestrian is responsible for any subsequent injuries sustained in an accident with them. But there may be instances in which pedestrians share some responsibility as well; such as jaywalking or crossing streets where crossing is expressly forbidden - their percentage of fault will reduce overall settlement amounts accordingly.
Personal Injury Protection (PIP) policies on their own auto insurance or through family policies covering them may cover medical expenses, loss of income, and pain and suffering claims; however, most have maximum limits of $15,000, which won't cover more serious injuries caused in pedestrian traffic accidents.
If a pedestrian is fatally injured by being hit by a vehicle, their family may have grounds to sue the driver of that vehicle for their wrongful death. This process could prove challenging if said driver lacks car insurance coverage that covers all their compensable losses relating to their loss of life.
