Pedestrian Accidents
Ensuring your rights to the best of the available legal options
Of all road-related injuries, injuries that are sustained from a pedestrian accident are inarguably the most dangerous. That is because pedestrians are left with no protection on the road that even the slowest of speeds can cause considerable harm.
Every year, thousands of pedestrians are injured or killed in motor vehicle accidents in New York City and throughout the state. In fact, hundreds of pedestrians have been killed in New York City alone in recent years as a result of being struck by a motor vehicle. According to the New York State government, while pedestrian accidents account for only about 8% of total traffic accidents in the state, they are far more likely to result in serious injury or death.
There are laws in both New York City and New York State that aim to protect pedestrians from becoming victims of motor vehicle accidents. Having an attorney who is familiar with the various sections of the New York State Vehicle and Traffic Law as well as the New York City Traffic Rules and Regulations as promulgated by the New York City Department of Transportation is frequently the key to the successful resolution of these claims.
If you’ve been involved in a pedestrian accident, let the experts at Volfman Law Group, PC help.
Frequently Asked Questions
What should I do if I get hit by a car?
Get as far away from the traffic as possible, check yourself for injuries, and call the police as soon as possible. Even if you feel fine, seek medical attention because you may have internal injuries.
Make a note of the at-fault driver’s name, license plate number, make and model of vehicle, and contact information. Take pictures of your injuries, the vehicle that caused the accident, damaged or broken personal belongings, and landmarks near the accident scene. Make a note of or record everything you remember about the accident. Speak with anyone who may have witnessed the accident and obtain their contact information. Notify your insurance company that you have been in an accident.
Finally, as soon as possible, contact our experienced personal injury lawyers at Volfman Group, PC.
What Kinds of Damages Can a Pedestrian Accident Claim Recover?
You may seek compensation for the following economic and non-economic losses as a result of an accident under New York law.
- Medical treatment costs
- Rehabilitation costs
- Long-term care costs (in case you are left with a physical or cognitive disability as a result of the accident)
- Wages lost
- Earning capacity loss
- Suffering and pain
- Reduced quality of life
Are pedestrian injuries covered by New York's No-Fault Insurance?
Yes, they are. Pedestrians injured in a motor vehicle accident are entitled to up to $50,000 in compensation under the no-fault law. While it may be adequate for people who sustain minor injuries, it is insufficient for people who sustain serious, debilitating injuries.
This is why it’s critical to hire a New York pedestrian accident lawyer and sue the at-fault driver in order to recover enough compensation to cover your short- and long-term medical expenses, as well as other financial losses.
Is there a time limit in New York for filing a Tort Claim?
The aforementioned law has only two exceptions:
1) If you were under the age of 18 or incompetent at the time of the accident, the deadline for filing a claim will begin only when you reach the age of 18 or are declared sane by a qualified medical professional.
2) If the driver in question leaves New York before you can file a claim, the time spent away from the city will not be counted as part of the deadline. Similarly, if the driver in question relocates to a different location in New York and uses a false name, the deadline will not begin until they are discovered and the claim is filed.
Should I contact the at-fault driver's insurance company?
You should not do so. Remember that the at-fault party’s insurance company is not obligated to pay you what you are legally entitled to. They will use every trick in the book and then some to deny or undervalue your claim. If you inadvertently say something that can be interpreted as an admission of fault, they will use it against you and try to reduce the value of your claim to the greatest extent possible. So, leave them to your lawyer.
I was partially responsible for the accident. Can I still sue the driver?
Yes, you absolutely can. In New York, the doctrine of pure comparative negligence applies, which means that you can seek compensation for your injuries even if you were partially to blame for the accident. Your compensation, however, will be reduced in proportion to how much you contributed to the accident.
Should I accept a settlement offer from the insurance company of the at-fault driver?
No. The insurance company will voluntarily make a settlement offer only if they believe they will have to pay you a significant amount of money if the case goes to trial.
What appears to be a reasonable amount of compensation at the time may not be enough to cover your medical expenses and other losses. So, before accepting any offer or signing any documents, consult with your personal injury attorney. Your attorney is the best person to determine the value of your claim and whether or not to accept a settlement offer.