STEP 1
Compensation for Pedestrian Accident Injuries in Queens NY
In New York, pedestrian traffic often surpasses vehicle traffic. Pedestrians should be able to walk the streets safely, and negligent drivers who cause accidents must be held accountable. Following a pedestrian accident, while it may be obvious to you that the driver who hit you or a loved one was negligent, you will still need to take legal action. A knowledgeable and experienced lawyer at The Injury Group can help you determine whether or not you have a valid case for a pedestrian accident claim and help you navigate the legal process. Contact us today to find out how much your case is worth.
Despite outnumbering cars, pedestrians are extremely vulnerable to vehicle collisions. If a car strikes a pedestrian on a sidewalk or crosswalk, the pedestrian may suffer catastrophic injuries while the driver remains largely unharmed. These incidents are frequently the result of driver negligence. Injured pedestrians should immediately seek emergency medical assistance and contact the police to file a report. Additionally, consulting an attorney to discuss legal options is crucial. Pedestrians with auto insurance may be covered by their no-fault personal injury protection (PIP) policy. Those without insurance should consider filing a personal injury lawsuit against the driver to recover both economic and non-economic damages.
Common Types of Pedestrian Accident Injuries in NY
Because pedestrians have no protective gear, they’re the most vulnerable to the vehicles on the road and when the two collide, there can be many different injuries, some fatal. Head injuries and leg injuries are among the most common, as studies have found that most pedestrians are hit from the side when they’re in an accident with a vehicle.
Head and brain injuries: Head injuries, including traumatic brain injuries (TBI), are common in pedestrian accidents. They are not typically from the initial impact with the car, but a secondary impact from hitting the ground or windshield of the vehicle.
Spinal cord injuries: Spinal cord injuries can result in partial or complete paralysis, depending on the location and severity of the injury.
Broken bones: Pedestrians who are struck by vehicles often suffer broken bones, including fractures in the arms, legs, and pelvis.
Soft tissue injuries: Soft tissue injuries, such as sprains, strains, and bruises, are common in pedestrian accidents and can cause significant pain and discomfort.
Internal injuries: Internal injuries, such as damage to organs, can occur in pedestrian accidents, even when there are no external signs of injury.
Psychological trauma: Pedestrian accidents can also cause psychological trauma, such as post-traumatic stress disorder (PTSD), which can have long-lasting and life-altering effects on the victim.
Fatal injuries: Unfortunately, pedestrian accidents can also result in fatalities, particularly when the pedestrian is struck by a large, fast-moving vehicle.
Crosswalks and Pedestrian Accidents in NY
Crosswalks can complicate a pedestrian accident case. Crosswalks are designed to give pedestrians a safe place to cross the street, which is especially important in the busy metropolitan areas of New York, New Jersey and Long Island. In a pedestrian accident claim, does it matter if the pedestrian was in a crosswalk or not? If a pedestrian is using a crosswalk and following pedestrian traffic signals, and they are still hit by a car, the driver can and will most likely be at fault. If the pedestrian was not in a crosswalk at the time of the accident, this is considered jaywalking and is against the law. However, this doesn’t always mean that pedestrians hit while jaywalking won’t be compensated for their injuries and damages. If the pedestrian still crossed the street in a reasonably safe manner, and they did not jump out into traffic, they will most likely be compensated for their injuries. If they were reckless in crossing the street, they may not receive the same compensation.
Most of the time, unless the pedestrian was extremely reckless, when a car hits a pedestrian on the road, the driver of the car is found to be at fault. If you or someone you love has been involved in a pedestrian accident, you may be entitled to recover damages for your injuries. The personal injury attorneys at The Injury Group have helped many injured pedestrians or surviving family members hold negligent parties responsible. When you work with The Injury Group, you can trust that we have the passion for justice and experience to win your pedestrian accident case.
Do I quality for Compensation For My pedestrian Accident Injury?
To qualify for compensation for a pedestrian accident injury, several key criteria must be met:
Negligence: Establish that the driver or another party was negligent. This involves proving that they failed to exercise reasonable care, such as by speeding, running a red light, or failing to yield to pedestrians.
Causation: Demonstrate that the negligence directly caused your injury. You must show a clear connection between the negligent actions and the injuries you sustained.
Damages: Provide evidence of the damages incurred due to the accident. This includes medical bills, lost wages, pain and suffering, and any other financial or emotional losses. Documentation such as medical records, receipts, and wage statements can support your claim.
Timely Reporting: Report the accident promptly to the police and your insurance company. A police report can serve as crucial evidence in your claim.
Insurance Coverage: If you have auto insurance, your no-fault personal injury protection (PIP) policy may cover your medical expenses and lost wages. However, PIP coverage does not extend to pain and suffering or other non-economic damages.
Legal Assistance: Consider consulting a personal injury attorney who specializes in pedestrian accidents. An experienced lawyer can help gather evidence, negotiate with insurance companies, and represent your interests to ensure you receive fair compensation.
The Injury Group, renowned for handling pedestrian accident cases in New York, New Jersey, and Long Island, can assist in navigating these requirements and securing the compensation you deserve. Their experienced attorneys can provide the necessary legal support to maximize your compensation.
Our Legal Process
The first step is to investigate the accident thoroughly, which includes collecting all available evidence, such as police reports, witness statements, surveillance footage, and medical records. They may also recreate the accident to determine who was at fault in the situation. This will help your attorney build a strong case on your behalf and hold the responsible party accountable for their negligence.
STEP 2
Negotiation and Settlement
Once our team has gathered all of the necessary information, they will begin negotiating with the insurance companies and other parties involved in the pedestrian accident to try to reach a fair settlement. Your lawyer will present their findings and demand compensation for your medical expenses, lost wages, pain and suffering, and other damages. If a settlement cannot be reached, we may need to move to trial.
STEP 3
Litigation and Trial
If a settlement cannot be reached through negotiation, your lawyer may file a lawsuit on your behalf and proceed to trial. During the trial, the lawyer will present evidence, call witnesses, and argue on behalf of their client. The trial process can be complex and time-consuming, but The Injury Group’s experienced personal injury attorney can help guide you through each step and ensure you receive maximum compensation for your injuries.
The Injury’s Experts experts in pedestrian accidents can answer any questions you may have about your case and inform you how much your claim could be worth.
Frequently Asked Questions About Pedestrian Accident Injury Cases In New York
Each pedestrian accident claim is unique, and the exact value will depend on the individual facts and circumstances of the case. The severity of your injuries, the amount of medical treatment required, the impact of your injuries on your life and future, and the degree of negligence of the responsible party will all have an effect on your case.
If you are a victim of a pedestrian accident, our personal injury team can help you recover medical expenses, lost wages, pain and suffering, disability, property damage, loss of enjoyment of life, and in some cases, punitive damages.
Whether you have been injured or lost a loved one due to a driver's carelessness, filing a claim against the responsible party can greatly benefit your situation. Severe injuries, such as spinal cord damage, traumatic brain injuries, or other catastrophic damages may require life-long medical and rehabilitative care that is often expensive. Through a pedestrian accident claim, you may be able to recover financial compensation to cover such costs. The expert lawyers at The Injury Group can help you navigate this process and ensure you receive maximum compensation.
The statute of limitations for a pedestrian accident is two years. Following this two-year period, you may be unable to recover compensation from your accident.
Most of the time, unless the pedestrian was extremely reckless, when a car hits a pedestrian on the road, the driver of the car is found to be at fault. If the pedestrian was jaywalking, not following traffic signals, or crossing particularly reckless, they may be a fault for the accident.