Pedestrian Accidents

A human body is no match for a two-ton passenger vehicle. Given the nature of these collisions, pedestrian accidents tend to result in severe, catastrophic, or fatal injuries. Victims (or their family members in fatal cases) will want to look into all possible forms of restitution after an accident.

Because New York is a no-fault insurance law state, when you sustain an injury in a Auto Accident in New York as a pedestrian, you will generally file a claim with your own insurance company to recover damages.

Your Personal Injury Protection (PIP) will cover much of your economic damages, including your medical bills and a portion of your lost wages. Most people carry only the minimum $50,000 in PIP. Unless you purchased additional PIP coverage, you will only be able to recover damages up to $50,000.

When a pedestrian’s injuries are “serious” or result in a fatality, or when the PIP coverage is not enough to cover the victim’s damages, New York No-Fault Insurance Law provide that he can pursue recovery from at-fault parties by filing a lawsuit.

Personal injury and wrongful death lawsuits ( Wrongful Death: Who Can Recover for the Loss of a Loved One? ) allow victims to recover a wider variety of damages than an auto accident claim. These damages may include missed business opportunities, pain and suffering, loss of quality of life, and funeral expenses, loss of consortium, and loss of guidance (for family members if the victim is deceased.)

In order to file a suit, though, you will need to be able to prove the driver was negligent and at fault, as well as the extent and nature of your injuries.