New York Personal Injury Lawyer Helping People Injured In Pedestrian Accidents in New York To Get The Compensation They Deserve
Walking is an excellent means of transportation; it is cost-effective, good for your health, and good for the environment. But it comes with its dangers, particularly on the bustling streets of New York. New York ranks fourth in the nation for pedestrian fatalities. In 2012, over 300 pedestrians died and thousands more were injured, according to the National Highway Traffic Safety Administration (NHTSA). To discuss your legal options with Accident Lawyer NYC, call The Rybak Firm, PLLC., today: 718-307-5554 for a free consultation
How do I recover damages after a pedestrian accident in New York?
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.
What types of actions constitute negligence in a pedestrian accident?
Pedestrian injury lawsuits hinge on the concept of negligence; that is, in order for a pedestrian to recover, the driver must have behaved in a way that breached their duty of care. Those who behave negligently are legally liable for the harm they cause to befall others. Some of the most common things drivers do that are negligent include:
- Driving while under the influence
- Talking on the phone or texting while driving
- Not paying to their surroundings, e.g., eating, putting on makeup, daydreaming, etc.
- Not yielding right-of-way
Drivers are not the only parties that can be responsible for pedestrian accident. Investigations sometimes find pedestrians negligent, as well, such as when they do not obey crosswalk laws, walk around distractedly, or walk the streets while intoxicated.
Any role that a pedestrian plays in contributing to the accident affects the outcome of his claim. If you were partly responsible for your accident, the insurer can reduce your settlement. New York Personal Injury Lawyer of The Rybak Firm, PLLC., can discuss the topic of comparative negligence ( Can you sue if partially at fault for the accident? ) with you in greater detail.
What do I do if I A Pedestrian Hit By A Car in New York?
If you did not receive medical care at the scene of the accident, be sure to seek the medical attention you need, and collect all records, bills, photos, eyewitness statements, and any other information related to the accident and your injuries.
Accident Lawyer Near Me
Our offices are located in Brooklyn, NY. Although our offices are in Brooklyn, NY we serve the whole NYC Metro Area and represent clients in every borough of New York City. Our Accident Lawyers NYC are able to travel to you if you are unable to meet at our offices due to an injury. We also provide free transportation to and from our offices.
Our office address is:
1810 Voorhies Ave
Brooklyn, NY 11235