Pedestrian accidents are unfortunately common in New York State, and they can be devastating for the individuals involved. Whether you were hit by a car while walking on a sidewalk or crossing the street, you have legal options to seek compensation for your injuries and losses. In this blog post, we’ll discuss the legal options available for pedestrian accident victims in New York State.
No-Fault Insurance
In New York State, all drivers are required to carry no-fault insurance, which provides coverage for medical expenses, lost wages, and other related expenses regardless of who was at fault for the accident. If you were hit by a car as a pedestrian, you can file a claim with the driver’s insurance company to cover your medical bills and other expenses.
Personal Injury Lawsuit
If you suffered serious injuries in a pedestrian accident, you may be able to file a personal injury lawsuit against the driver who hit you. To file a lawsuit, you will need to prove that the driver was negligent and that their negligence caused your injuries. Negligence can be established if the driver violated traffic laws or failed to exercise reasonable care while driving.
Comparative Negligence
In some cases, the pedestrian may be partially at fault for the accident. New York State follows the doctrine of comparative negligence, which means that the amount of compensation you can receive will be reduced by the percentage of fault assigned to you. For example, if you were found to be 25% at fault for the accident, your compensation will be reduced by 25%.
Wrongful Death Lawsuit
If a pedestrian is killed in an accident, their family members may be able to file a wrongful death lawsuit against the driver who hit them. Wrongful death lawsuits seek to compensate the victim’s family for their losses, including funeral expenses, lost income, and emotional distress.
Statute of Limitations
It’s important to note that there is a statute of limitations for filing a personal injury lawsuit in New York State. You generally have three years from the date of the accident to file a lawsuit. If you fail to file within this timeframe, you may lose your right to seek compensation for your injuries.
Seek Legal Assistance
If you have been injured in a pedestrian accident in New York State, seeking the assistance of an experienced personal injury attorney is crucial. A skilled attorney can help you navigate the complex legal process and fight for your rights to obtain fair compensation for your injuries and losses. They will investigate your case, gather evidence, and negotiate with insurance companies on your behalf.
Document Your Injuries and Expenses
To strengthen your case, it is essential to document all of your injuries and expenses related to the accident. This includes medical bills, lost wages, and other costs associated with your recovery. Keep track of all medical appointments and treatments, as well as any pain or discomfort you experience as a result of the accident. These records can help your attorney build a strong case for your compensation.
Be Wary of Insurance Companies
Insurance companies may try to offer you a settlement that is less than what you are entitled to. It’s important to remember that insurance companies are businesses that prioritize their profits over your well-being. They may try to persuade you to settle quickly and for less than what you deserve. An experienced personal injury attorney can negotiate with the insurance company on your behalf to ensure you receive the compensation you are entitled to.
Take Steps to Prevent Pedestrian Accidents
While it’s important to know your legal options as a pedestrian accident victim in New York State, taking steps to prevent accidents is crucial. Always use crosswalks and follow traffic signals when crossing the street. Wear brightly colored clothing or reflective gear when walking at night or in low-light conditions. Avoid using your phone or other distractions while walking, and always be aware of your surroundings.
At Friedman & Ranzenhofer, PC, we understand that every pedestrian accident case is unique, and we approach each case with personalized attention and care. Our attorneys are committed to listening to our clients and understanding their specific needs and circumstances. We work with a network of medical experts, accident reconstruction specialists, and other professionals to build the strongest case possible for our clients.
We believe that pedestrian safety is a top priority, and we are dedicated to promoting awareness and preventing future accidents. We encourage pedestrians to take precautions such as using crosswalks, following traffic signals, and avoiding distractions while walking. We are committed to advocating for pedestrian safety and holding accountable those who cause accidents through negligent or reckless behavior.
If you have been injured in a pedestrian accident in New York State, we want to help you get the justice and compensation you deserve. Our team is here to support you throughout the legal process and fight for your rights. We are proud to serve our local community and are committed to making a difference in the lives of our clients. Contact us today for a free consultation and let us help you on the road to recovery.