Pedestrian accidents are one of the most horrific things that can happen to someone. A minor accident would still lead to serious injuries, with a big one causing the person's death.
People who get hit by a car will likely end up with a bunch of medical expenses, not to mention all the lost wages because of their recovery period. Why should victims pay for an accident that wasn't their fault?
An injured pedestrian may have a few options to seek compensation for what happened. Many victims ask themselves: "Who pays for a pedestrian accident in NY?" This page will answer that.
Anyone interested in getting legal assistance from New York pedestrian accident lawyers can count on the Law Office of Carl Maltese. They're ready to take on any case, build an impressive strategy, and get positive results for their clients. They're able to consult on who pays for a bicycle accident in NY.
What Can Cause a Pedestrian Accident?
Most pedestrian accidents happen because of reckless driving. Bad weather could also increase the chances of an accident. Common causes include the following:
Speeding
Not yielding the right of way
Fatigued driving
Distracted driving
Even if the driver didn't do anything wrong, it may be possible that there was a malfunctioning traffic signal that contributed to the accident.
In these cases, victims must talk to a lawyer to determine who the liable party is.
Does "No-Fault" Insurance Apply in Pedestrian Accidents?
Thankfully, most victims will have some sort of insurance coverage if they get hit by a car in New York. All drivers in the state must have a minimum amount of insurance, such as Personal Injury Protection (PIP).
What does this mean? In a nutshell, victims of a pedestrian/car accident can file a "No-Fault" insurance claim and get reimbursement for their damages. The law dictates that the victim should get reimbursed regardless of who was at fault, so there's nothing to worry about here.
Unfortunately, the at-fault driver's "No-Fault" insurance policy may not be enough to cover severe injuries. Some pedestrian accidents result in nasty wounds and hefty medical bills, so what can victims do in that case? They could move on to filing a personal injury claim.
Can Victims of a Pedestrian Accident Sue the At-Fault Party?
People may still sue the at-fault driver if the injuries are severe enough. They must prove the other person was negligent in order to begin their claim successfully.
What does negligence mean? Simply put, it refers to acting as a "reasonable person" would have in certain situations. Victims must show that the driver owed them a "duty of care" and breached it.
In this case, it could be that the driver had the obligation to behave safely and avoid hitting pedestrians on the sidewalk, for example.
Next, they have to prove that the breach was what caused the accident and the victim's injuries. Following up on the previous example, the driver was swerving into a lane and lost control, hitting the victim who was on the sidewalk. Because of what happened, the victim sustained serious injuries.
The last thing the victim has to prove is that they sustained damages (monetary losses) because of the accident.
Hiring an attorney will make this process much smoother. They'll help the victim gather all the necessary evidence to prove all these points successfully and can help explain who pays for a construction accident in NY.
What Compensation Can Victims Get from Their Personal Injury Lawsuit?
Compensation amounts vary depending on the severity of the case. People with severe or life-threatening injuries will likely get more money.
Each case is different, so it's hard to come up with an accurate amount without help. Long Island pedestrian accident lawyers can help victims account for each detail and predict how much they could potentially make from their claims.
The money can cover medical bills, lost wages, mental anguish, and other related expenses.
How Long Do Victims Have to File Their Pedestrian Accident Claim?
New York's statute of limitations is three years from the date of the accident. This means that victims have that period to file their lawsuit. If they miss the deadline, they won't be able to recover damages.
Certain exceptions apply, though. What if the pedestrian was a minor at the time of the accident? The statute of limitations wouldn't run until they turn 18. Victims should talk to an experienced attorney to find out if any exceptions apply to their case.
Still, they should try to file their claim as soon as possible. This makes evidence easy to find and witnesses more available.
Why Getting Guidance from a New York Pedestrian Accident Attorney Is Paramount
Hiring an attorney takes away a lot of the stress that comes from filing a lawsuit. Legal matters are always overwhelming for the people involved, especially those with serious injuries.
They take a lot of time, involve thorough investigations, and have emotionally painful moments. It's always a great idea to have a professional at the victim's side. At the Law Office of Carl Maltese, there will always be someone willing to help.
There are many essential steps to consider when building a solid personal injury claim, such as gathering evidence, getting police reports, and finding witnesses. The first things a person does after an accident are crucial to the case. This is why victims shouldn't talk to the insurance company before seeking advice from a legal professional.
The experts at this law firm will walk victims through everything necessary to ensure they have the best shot to win.
Bottom Line
New York's "No-Fault" system is already a great layer of protection for victims in case something happens to them. However, they should still be prepared for any other outcome.
The "personal injury claims process" allows them to recover more money, which is useful if they're dealing with long recoveries.
Pedestrian accidents leave victims with severe physical and mental scars. Many drivers get away with what they do because the victim didn't know their rights, but that changes today. At the Law Office of Carl Maltese, there's a team of professionals committed to fighting for people's rights.
Fighting an insurance company during a claim isn't easy, especially when accounting for the injuries and recovery process. With the help of these lawyers, victims can focus on their treatment and leave the hard work to them.
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