Pedestrians are especially vulnerable to severe injuries due to the negligence and recklessness of motor vehicle drivers. These injuries can leave you suffering from extreme pain, and drowning in medical bills and lost wages. If you are trying to grapple with a difficult economic situation following a serious accident, it may be helpful to consult with a Commack pedestrian accident lawyer. A seasoned personal injury attorney who is familiar with dealing with insurance companies could aggressively work to pursue your best interests.
New York follows the “no-fault” insurance system, which can confuse people who do not deal with insurance claims. No-fault insurance effectively means that no matter who is at fault in an accident, an injured person in the accident will have coverage for economic damages up to $50,000. Generally, the insurance coverage for the vehicle that the injured person was driving will provide the no-fault coverage; however, pedestrians are not in vehicles. This means that the auto insurance covering the defendant’s vehicle must provide the no-fault coverage.
The no-fault system is challenging and contains specialized rules that must be followed, including deadlines that start running immediately following the accident. These rules and deadlines can be even more confusing in pedestrian accidents because the injured person must provide information to, and work with, another party’s insurance carrier. The carrier will also attempt to get the injured person to admit that they were distracted when crossing the street. A Commack pedestrian collision attorney understands how to navigate the no-fault system and work with insurance carriers to comply with all of the rules.
No-fault insurance caps economic damages at $50,000. This is problematic in pedestrian accidents because of the increased potential for severe injuries. With that in mind, it is easy to exhaust the full $50,000 amount quickly when paying for health care costs and other losses. For this reason, injured pedestrians can also pursue compensation outside of the no-fault insurance system if their economic damages are greater than $50,000, or if the injuries are one or more of the qualifying serious injuries defined by law.
In personal injury litigation, injured pedestrians can pursue both economic damages and non-economic damages if they can show negligence by the driver or another party. Non-economic damages are those damages that relate to pain and suffering, permanent disability, or disfigurement. Pursuing a lawsuit can be a daunting task, and a pedestrian accident attorney in Commack could ensure that the claim receives the proper care it deserves.
New York has specifically defined laws in place regarding pedestrian traffic. Under the law, pedestrians generally have the right-of-way in a crosswalk. However, there are situations where they must yield the right-of-way to vehicles, including when crossing a roadway not marked as a crosswalk. Additionally, pedestrians are not permitted to cross a roadway intersection diagonally, absent a traffic-control device permitting such crossing.
Following the pedestrian traffic laws is relevant to a lawsuit because New York is a pure comparative negligence state. This means that recovery of damages can be reduced by the percentage of the pedestrian’s fault in the accident. A lawyer knows the factors that go into determining the amount of fault by each party, and how those factors affect the worth of each case.
You cannot afford to take any chances following a life-altering accident. A Commack pedestrian accident lawyer could help skillfully guide you through the process and manage the aggressive insurance companies and opposing lawyers. You can rest easy knowing that an attorney is fighting for your best interests. Call today to schedule your introductory case consultation to explore your options.