Every year, thousands of pedestrians in New York City and across the state are injured or killed in collisions with motor vehicles. Pedestrian accidents are, for the most part, caused when negligent or distracted drivers (or who speed, failure to obey traffic laws and signs, or fail to yield the right-of-way to pedestrians). The injuries in these situations can be very severe, resulting in long-term injury and the hundreds of thousands in medical costs and other financial damages.
If you were hit by a car, and want to hold the driver of that vehicle responsible for his/her negligent actions, then the first step is to contact an experienced and knowledgeable NYC pedestrian accident attorney. At Hoffmaier & Hoffmaier, we emphasize diligent and vigorous representation, using the full extent of New York accident and personal injury laws to get you a full and fair compensation. To get started on your case, call our Manhattan-based law office today at (212) 777-9400. Free consultations are available.
Do You Have a Pedestrian Accident Case?
If you were hit by a car, there are many circumstances to consider that’ll help determine whether or not you have a case. Additionally, it’s essential to keep in mind that your unique circumstances may not necessarily mean you will have a successful case, and by speaking with a personal injury lawyer, you can have a better idea how your lawsuit might play out in courts.
For instance, pedestrians have certain duties according to Article 27 – NY Vehicle and Traffic Law. These duties include, but are not limited to:
- Obeying traffic regulations (traffic lights, do not walk or wait signals, and other pedestrian safety devices and warnings)
- Using the right of way in crosswalks and on sidewalks
- Maintaining a proper lookout and act reasonably and prudently (carefully) under the circumstances, especially when walking on roadways
Following the pedestrian accident, you should contact the motorist’s insurance company, report the accident, and file your claim; you may need to also contact your insurance company. Pedestrians may be covered under New York’s no-fault insurance policy, even though the pedestrian wasn’t driving.
Next, you’ll need to prove that the driver’s accidents were negligent and that the driver’s negligence led to the accident and, subsequently, your injuries. To better determine whether the driver’s actions were negligent, you can ask the following questions:
- Did the motorist break his duty of care, or did you?
- Were the driver’s actions the cause of your injuries, and was the driver negligent?
- Were there any other intervening forces that could have caused the accident? Do these forces relieve the motorist (or you) from any fault in the accident?
Factors in a Pedestrian Accident Settlement
When taking the responsible individual(s) to court over a lawsuit, you’re not only seeking justice, but also financial compensation that covers the damages you sustained. In general, this compensation should cover:
- Medical care
- Pain and suffering
- Funeral costs, in wrongful death cases
- Lost wages
- Loss in quality of life
- Assistive medical devices
Because New York is a no-fault state, insurance covers all medical bills related to pedestrian accidents up to $50,000. This coverage must be provided by the insurance company for the motor vehicle involved in the accident. Unfortunately, your injuries may require compensation beyond the $50,000; it is here that a New York personal injury lawyer can help.
It is important to remember that every pedestrian accident settlement is unique and based on several factors, including:
- The severity of your injuries
- The amount of time missed at work
- The nature and extent of your medical treatment
- The impact that your injuries have had on your daily life and routine
- Your prospects for a full recovery
- The presence or absence of fault in the accident (in many cases, the driver is liable)
- Any lost opportunities attributed to your injuries
- Any impact that your injuries will have on your ability to earn a living in the future
Insurance Adjusters and Your Personal Injury Lawsuit
Once the insurance company has determined a fair amount that’ll cover your medical care, lost income, pain and suffering etc, the insurance company may offer a settlement. If you are unhappy with the settlement amount, you can attempt to negotiate (recommended to have an attorney present for these negotiations). If the negotiations don’t manifest a more suitable offer, then you and your attorney have the option of pursuing legal action.
Call the NYC Accident Attorneys at Hoffmaier & Hoffmaier
A pedestrian accident can be a devastating occurrence, but you do have legal options and a team of experienced personal injury lawyers who can help you through these difficult times. At Hoffmaier & Hoffmaier, we will vigorously represent your case using the full extent of New York laws, pushing a settlement that addresses all of your needs, both now and in the future. For a free consultation with the attorneys at Hoffmaier & Hoffmaier, call us today at (212) 777-9400.