How Pedestrian Personal Injury Claims Differ From Other Cases
As an experienced New York personal injury attorney, I have represented pedestrians seriously injured in accidents caused by negligent drivers. Pedestrian personal injury claims present unique challenges and differences from other personal injury actions, mainly because of the peculiar character these types of accidents take on and the laws providing a cause of action in New York. Understanding these differences is very important for any pedestrian involved in an accident and for his or her legal representation.
Unique Characteristics Of Pedestrian Personal Injury Claims
The Extent of the Personal Injuries
Typically, the injuries sustained during pedestrian accidents are more serious than other personal injury incidents, such as car accidents, in which the occupants may have protection from the vehicle. This is because the pedestrian does not have any protection from the impact; therefore, this increases the risk of sustaining serious injuries like traumatic head injuries, spinal injuries, and sometimes death. The severity of the injuries greatly affects the complexity of the case: the calculation of damages for medical costs, pain and suffering, and potential long-term care.
Liability Issues
In New York, the determination of liability in pedestrian accidents can be very complex. New York uses a comparative negligence rule; thus, fault can be apportioned among parties at fault, sometimes including the pedestrian. For instance, if at the time one is struck, the pedestrian was jaywalking or crossing against the traffic signal, then some liability is assessed against them. This will also affect the amount one may recover under New York’s comparative negligence statute: CPLR Article 14-A.
Insurance and Coverage
New York, if a pedestrian is struck by a vehicle, it would mean he or she can seek compensation via the PIP insurance of the driver, irrespective of fault. This can complicate things, however, if the injuries exceed the PIP coverage limits or if the case involves a hit-and-run where the driver is unknown and a pedestrian may have to resort to their own uninsured or underinsured motorist coverage.
Statutory Protections for Pedestrians
New York has specific statutes for protecting pedestrians. An example is Vehicle and Traffic Law ยง 1146, which provides that notwithstanding the provisions of any other law, every driver shall exercise due care to avoid colliding with any pedestrian. Without limiting the preceding provisions, every driver, while operating a vehicle on a highway, shall give an audible signal by bell, horn, or other signaling device when necessary and shall yield proper caution upon observing a child or any confused or incapacitated person.
Frequently Asked Questions Regarding Pedestrian Personal Injury Claims In New York
Immediately Following A New York Pedestrian Accident, What Should I Do?
Once you can ensure your immediate safety and get any medical attention that you may need, document the scene if possible. Take photos, get contact information from any witnesses, and keep all documentation of any medical treatment. Of course, promptly contacting a personal injury lawyer experienced in New York pedestrian laws will help greatly in your protection and the proper initiation of your claim.
How Much Time Do I Have To File A Pedestrian Personal Injury Claim In New York?
In New York, you typically have three years in which you may file a personal injury claim from the date of the accident. That may vary, though, depending on whether any governmental entities are involved, in which case the length of time for filing a notice of claim could be substantially less.
What Are The Damages I May Recover In A Claim For Pedestrian Accidents?
Damages in claims for pedestrian accidents will include medical expenses, lost wages, pain and suffering, and loss of quality of life. In the case of severe, traumatic, or long-lasting injury, a claim may, if appropriate, request future medical care, rehabilitation costs, and lost future earnings.
What Are The Most Common Causes Of A Pedestrian Accident In New York?
Pedestrian accidents happen in a lot of ways, but the most common causes are driver distraction, excessive speed, failure to stop for pedestrians at crosswalks, running red lights, and driving while distracted with a cellphone. Poor weather conditions, driving under the influence of alcohol or drugs, and poor visibility at night can be other causes of a pedestrian accident. Understanding the cause of the accident is important in terms of liability and helps establish an injury claim.
Am I Entitled To Make A Claim For A Pedestrian Injury If I Was Hit By A Bicyclist Rather Than A Motor Vehicle?
Yes, you may have a personal injury claim if you were struck by a bicyclist while walking in New York. While bicycle accidents may be less common than motor vehicle accidents, they nevertheless can result in serious injuries to pedestrians. Just like motor vehicle drivers, bicyclists have a duty to follow the rules of the road and exercise caution when riding near pedestrians. You could bring a claim for damages against the bicyclist if he or she was negligent in their riding-such as riding negligently or failing to yield the right-of-way.
Can I Bring A Claim If I Was Injured In A Hit-And-Run Pedestrian Accident?
Yes, just because one gets injured in a hit-and-run accident does not imply that you walk away with no options. Where the identity of the driver is not ascertainable, you may be entitled to recover through your own insurance policy’s uninsured motorist coverage. New York law requires that every driver maintain uninsured motorist coverage, which now may be applied in cases involving a fleeing responsible party. You may also make a direct claim against the driver if they are later located.
Getting You The Best Possible Results From The Worst Situations
If you or someone you love has been involved in a pedestrian accident in New York, the need for experienced legal guidance is paramount. The firm of Jonna Spilbor Law maintains an active personal injury practice throughout New York. We are here to guide you through not only the process of the law but also in finding what compensation you deserve. Contact our New York pedestrian accident lawyers at Jonna Spilbor Law by calling our Poughkeepsie office at 845-485-2529 or our New York City office at 646-922-9799 to receive your free consultation. Let us help you take the first step in recovery and justice.