When a pedestrian is hit by a moving vehicle, they are likely to be severely injured and in need of costly medical treatment. An attorney can help an injured pedestrian get financial compensation from the negligent driver who hit them.
Pedestrian accidents are most frequent in places like parking lots and garages, crosswalks, curbs, and sidewalks. Getting financial compensation for your injuries can be tricky, especially when navigating the complex insurance process and filing a lawsuit. While many injured pedestrians turn to insurance first, a lawsuit might actually help you recover damages beyond those available from many insurance policies. You can recover damages for monetary losses in addition to painful experiences like pain and suffering. A lawyer should be able to help you prepare your case and hopefully get the most compensation possible.
Negligent drivers are a huge threat to pedestrian safety, and you can hold negligent drivers accountable for their egregious behavior. Call our pedestrian accident lawyers about a free case review to get started. Call The Martello Law Firm, PLLC at (914) 685-6950.
Where Pedestrian Accidents Often Happen in New Rochelle
Pedestrian accidents might occur anywhere that people traveling on foot are close to roads, streets, or places with moving vehicles. Our pedestrian accident lawyers can help you determine how your accident occurred and how to hold the negligent driver accountable.
Parking lots and garages are common locations for pedestrian accidents, even though these places are not technically lanes of traffic. Even though cars travel much more slowly in a parking lot or garage, the risk of pedestrian accidents can be quite high since many pedestrians are walking to or from their vehicles. All it takes is one negligent driver speeding through the garage or lot to cause a severe crash.
Crosswalks are inherently dangerous because they allow pedestrians to cross busy lanes of speeding traffic with nothing more than a stop sign or red light standing between them and speeding cars. Vehicles are often supposed to yield to pedestrians in crosswalks, and distractions or general negligence might lead to a bad accident.
Although vehicles should not be driving on curbs and sidewalks, they can still be dangerous places for pedestrian accidents. If drivers lose control of their cars, they might swerve onto a sidewalk, striking pedestrians. Alternatively, a driver might make a tight turn or come too close to the curb when trying to park, and a pedestrian might be injured.
How to Get Financial Compensation for a Pedestrian Accident in New Rochelle
Numerous legal avenues might help you get financial compensation after a pedestrian accident. Our pedestrian accident lawyers can work with you to explore these options and determine which works best for your case. Generally, injured plaintiffs begin with an insurance claim and then file a lawsuit, although your case might be different.
File and Insurance Claim
New York is a no-fault insurance state, and drivers should be covered by their own personal injury protection (PIP) insurance. Under the law, drivers are required to file a claim with their own PIP insurance first. Since a pedestrian accident is technically a car accident, this same rule applies.
However, injured pedestrians are not always covered by auto insurance, especially in New York, where many people choose walking or public transit over driving. Instead, pedestrians are covered by the driver’s PIP insurance.
The great thing about a no-fault insurance system is that the insurance company generally pays for certain damages without proof of fault. Even so, you will need some proof that the accident occurred, and our pedestrian accident lawyers can help you get started.
File a Lawsuit
It is possible to file a lawsuit for a pedestrian accident, but the laws under New York’s no-fault insurance system make the process challenging. According to I.S.C. Law § 5104(a), you can only file a lawsuit if you experienced a “serious injury” in the accident.
Serious injuries are defined under I.S.C. Law § 5102(d) and include the following:
- Dismemberment
- Death
- Significant disfigurement
- Broken bones
- Loss of a fetus
- Permanent loss or limitation of bodily organs, members, functions, or systems
- Any medically determined non-permanent injury that hinders you from performing most of your normal daily tasks of living for at least 90 of the 180 days immediately after the accident
Pedestrian accidents are often severe, and it is possible that you experienced a serious injury as defined by law. A lawsuit can help you recover economic losses from the accident and non-economic damages usually not covered by insurance.
Recoverable Damages in New Rochelle Pedestrian Accident Cases
Your damages are a significant element of your lawsuit, representing the losses, expenses, and painful experiences you endured because of the accident. Damages might be significant in these kinds of cases where bodily injuries might be severe. Our pedestrian accident attorneys can help you evaluate your damages and hopefully maximize the potential compensation.
Economic Damages
Economic damages stem from money. One of the biggest costs associated with pedestrian accidents is medical bills. Injured pedestrians might need emergency treatment like surgery, testing, and imaging. If treatment is ongoing or expected to last into the foreseeable future, we can assess future medical costs and add them to your economic damages.
Other economic damages might include the income you lose from missing work because of your injuries. The longer you are unable to work. The greater these damages may be. This can be especially pressing for plaintiffs who were the sole breadwinner of their households.
Non-Economic Damages
Non-economic damages are not connected to money but instead represent painful experiences. As such, these damages are very subjective and vary from case to case. Non-economic damages can include physical pain, emotional suffering or anguish, humiliation, damage to your reputation, and more. Your entire experience after the accident was likely painful, and it might be difficult to articulate specific non-economic damages. Our pedestrian accident attorneys can help you claim all possible damages.
Call Our New Rochelle Pedestrian Accident Lawyers for Assistance
Being hit by a car can be a life-changing accident, and many plaintiffs live with pain from their injuries forever. Our pedestrian accident attorneys can fight for justice and compensation. For a free case review, call The Martello Law Firm, PLLC at (914) 685-6950.
