In the State of New York, pedestrian accidents frequently happen, especially in Long Island. Hit-and-run accidents, knockdowns, falls, trips and slips have become increasingly deadly. If you consider the fact that over 100 million Americans have chosen walking as their preferred mode of travel, it is important that they understand pedestrian rights under federal law and New York state laws should they ever suffer injury or even death.
New York State holds the unenviable position of having the worst record in the United States for pedestrian deaths. According to the New York State authorities, while only about 8 percent of the total number of accidents involve pedestrians, it is they who are more likely to sustain serious injuries or even die.
Pedestrian accidents are some of the least reported accidents since the majority of pedestrians usually never contact police once they are injured in accidents. If you have sustained injuries after being involved in an accident on Long Island, it is crucial that you report it to the police irrespective of the severity of your injuries or ask the help of accident injury attorneys for pedestrians.
Pedestrian accidents frequently involve poor lighting both outside and inside buildings, street surfaces and steps, unleveled, cracked, and broken sidewalks, potholes, obstructions in the walking areas, oily or wet surfaces, adverse weather conditions, and the actions caused by state or local authorities, property owners, contractors, landlords, cyclists, reckless drivers, or any groups or individual responsible for the creation of dangerous conditions for pedestrians.
If you or a loved one have been involved in an accident in Long Island and sustained injuries, you should not even contemplate settling for anything less than an experienced pedestrian accident lawyer who has a track record of achieving top settlements and verdicts in Long Island pedestrian accident cases.
Pedestrian Accident Lawsuits in Long Island
In case a pedestrian sustains injuries or dies after being struck by a car, he or she or their family members can use the No-Fault system to obtain insurance compensation. However, they will have to fill relevant forms and give specific information to a No-Fault insurance company within 30 days of being involved in the accident.
The Car Accident Law in New York State stipulates that the pedestrian is obligated to prove four basic elements about the case to be eligible for compensation from the at-fault operator of the car involved in the accident. The four basic elements are a duty, breach, causation, and harm.
Duty refers to the legal obligation of drivers to follow traffic laws and operate vehicles prudently. Breach of duty refers to proving the existence of actions in contravention of those stated under a duty. Causation implies that a plaintiff should establish a causal connection between the behavior of the defendant and the injury or death the plaintiff suffered, which constitutes the fourth element of harm.
The Statute of Limitations for Car Accidents in New York
New York State law permits you to apply for No-Fault benefits of up to $50,000 in damages via your car policy. If you did not sustain any injuries in the accident and the financial recovery is limited to property damage only, you might not require legal representation in such a case.
However, you have a limited window of opportunity within which you can recover No-Fault insurance coverage. If you are just seeking No-Fault benefits for property damage, you need to get started with the process without delay.
If you sustained injuries in the car accident due to the wrongful or negligent actions of another entity, you are allowed to file a lawsuit against the responsible entity to help you recover additional compensation for pain and suffering, lost wages, medical bills, and more.
New York State law provides that the time limit for filing a lawsuit after an accident is three years after the accident. However, the law is subject to exceptions. If you sustained injuries in a car accident, you need to talk to an injury lawyer with a strong understanding of the law soon after the crash. This helps the lawyer collect evidence and various other insights that can help with your case.
Liability in Pedestrian Accident Lawsuits
To prove liability in a pedestrian accident injury lawsuit, the lawyer that takes your case should prove negligence of the other party and that their mistakes were responsible for the injuries. For instance, if it was your turn to cross the road, but the driver failed to stop, he or she is likely responsible for the accident. In another instance, if wet or icy road conditions were responsible for vehicles spinning out of control and hitting a pedestrian, there could be a case against the city or state responsible for road maintenance.
The common causes of pedestrian accidents where the other party might be at fault include:
– Road Defects and Road Hazards
– Failure to Stop/Yield
– Distracted Driving
– Drunk Driving
Police reports will help to provide evidence of circumstances surrounding the accident. The personal injury lawyer will also work with witness accounts, traffic experts, and more to recreate the scene as truthfully as possible.
Severe Injuries from Pedestrian Accidents
Over 9,000 people each year are seriously injured as a result of pedestrian accidents in New York. New York Insurance law classifies serious injuries as those that result in loss of body systems, functions, members, or organs, death, loss of fetus, fractures, significant disfigurement, or other types of injuries that substantially prevent a person from performing daily activities for not less than 90 days in the 180 days that immediately follow the injury.
The common severe injuries that pedestrians can sustain from car injuries include:
– Heart Attacks
– Spinal Injuries or Paralysis
– Multiple Fractures
– Significant Scarring
– Brain Damage
Pedestrian accident victims sometimes experience delayed symptoms. For instance, concussions might not necessarily be apparent immediately after the accident. When a pedestrian is struck by a vehicle, the impact of sudden motion to the brain can be dangerous. PTSD and emotional trauma can also be a delayed symptom of a pedestrian accident.
It is important to seek the services of a competent legal practitioner to provide you with answers to questions you might have about your legal rights in pedestrian accident claims in Long Island. Protecting your rights is the job of a pedestrian accident lawyer. They fight earnestly for the rights of their clients and have the experience and skills required to handle any case.
When you first visit them, the lawyers will review your case carefully and provide an honest and straightforward assessment. The best Long Island pedestrian accident lawyers have extensive experience with pedestrian lawsuits, and their proven track record and expertise will speak for them.
No Expenses or Fees until Recovery
Pedestrian accident lawyers will help you get the largest settlement possible without necessarily having to go to trial. If a settlement cannot be reached, they are the advocates that you want on your side in the courtroom. The best thing about using the services of an experienced Long Island pedestrian accident lawyer is that you never have to pay any expenses or fees until your case is won.
The Bottom Line
If you or a loved one have been a victim of a pedestrian accident in Long Island and would like to learn more about your legal rights, the experienced pedestrian accident lawyers are ready to offer free consultations to discuss your case. All you have to do is fill out a form at their website or contact them via phone or email, and you will be on the road to receiving compensation for your losses.