The Law Office of Carl Maltese represents clients who have been injured as pedestrians throughout Smithtown. Our firm has been providing dedicated representation to community members harmed in these types of accidents for nearly 50 years. A Smithtown pedestrian accident lawyer could help you recover the damages you are owed.
When You or a Loved One Is Injured as a Pedestrian
To protect your rights in this type of accident, hire an experienced attorney as soon as possible after receiving medical care for your injuries. When you retain our services, we will begin an immediate, comprehensive investigation to gather details that support your case and protect your interests. We will obtain the police report, retain a private investigator, take statements from witnesses, photograph the vehicle involved, and hire an accident reconstructionist, if necessary.
When a pedestrian accident occurs, the driver’s insurance company will also begin investigating the accident. They often seek to interview accident victims and try to get them to admit fault. For example, the insurer may try to prove that you were distracted when crossing the street. Hiring an attorney helps prevent the insurance company’s lawyers from contacting you directly to gather statements that can be used against you in court.
Benefits and Compensation
If you are injured as a pedestrian, you are entitled to no-fault benefits that can help cover your medical costs and lost wages. However, you must file an application within 30 days of your accident. We are experienced with this process and will prepare and file the required paperwork on your behalf to help you recover your financial losses associated with the injury.
Although insurance carriers have a legal duty to provide certain compensation under New York’s no-fault law, this does not mean that they will readily provide such benefits. Often, challenges from the insurance company make it difficult to recoup the full extent of your medical bills and lost earning capacity. Their attorneys will attempt to deny their client’s liability, minimize your injuries, claim that you were distracted or otherwise at fault, dispute pain and suffering claims, and even argue that your injuries were caused not by the accident but by a pre-existing condition. We have the knowledge and experience to circumvent these tactics and help you access the full compensation you deserve.
If you cannot work because of your injuries, you may be entitled to short-term disability benefits if you have this type of coverage on your own or through an employer. A pedestrian accident attorney in Smithtown will determine whether you have a short-term disability policy that covers your injuries and help you file for benefits through an eligible plan.
Liability in Pedestrian Accidents
In many pedestrian injury cases, the driver isn’t the only party who is potentially liable for your injuries. The municipality may share responsibility in the presence of issues like improperly marked crosswalks, lack of traffic signals and control devices, and unsafe sidewalks. Sufficient lighting is a critical factor for pedestrian accidents that occur after dark. When crosswalks are poorly illuminated, drivers may be unable to see pedestrians even when traveling at a safe speed.
As with other car accidents, drunk and impaired driving is often a significant contributing factor to collisions involving pedestrian injury. If a driver was over-served alcohol and then injured or killed a pedestrian after leaving a bar, we will hold the bar or restaurant owner accountable to the full extent of the law for their role.
Schedule Your Consultation with a Smithtown Pedestrian Accident Attorney
The Law Office of Carl Maltese is your trusted legal advocate when you or a loved one is injured as a pedestrian. In your free consultation, a Smithtown pedestrian accident lawyer will gather the facts of your case and provide advice about your legal options for recovery. We work on a contingency basis, which means you do not have to pay a fee until we achieve a recovery in your case. Call today to schedule an appointment at our Smithtown office, at your home, or another convenient location.