New York City Pedestrian Accident Lawyers
Nearly everywhere, at any time of the day or night, New York City streets pulse with the footbeats of throngs of pedestrians. We are a city on the move; but although drivers are used to navigating carefully throughout the crowds, people who are in a hurry, on their cell phones, or distracted from the road can miss pedestrians crossing in front of them, or moving through a crosswalk.
According to the NYC Department of Transportation, 52% of the city’s traffic fatalities between 2005 and 2009 were pedestrians. But you don’t have to lose your life to be involved in a very serious accident that can rob you of your ability to move, work, and enjoy life. If you’ve been hit by a car, call an experienced pedestrian accident attorney right away who can evaluate your case and help you get the compensation you deserve.
No-Fault Laws
New York has no-fault accident laws – meaning that after an accident involving a vehicle, the driver’s insurance will pay for your medical bills, regardless of who was at fault for the accident. However, this also means that you cannot sue the driver for additional damages or for pain and suffering.
On its face, this law may seem like it leaves you with little recourse if you’ve been seriously injured and your medical bills climb beyond the $50,000 that drivers are required to carry for personal injury. However, there are exceptions to the no-fault law.
The biggest exception is that the no-fault law does not apply to cases where there are “serious” injuries. These include:
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A permanent injury that limits the use of a limb or organ
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A permanent injury that impairs a bodily function or system
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Full disability for more than 90 days
Since these injuries are so common in pedestrian accidents, it’s common for the victim to be able to file suit against the driver, notwithstanding the state’s no-fault laws.
After An Accident
If you’re hit by a vehicle, the first thing you need to do is take care of your health. However, once you’re well enough to consider how to take care of the future costs associated with your injuries, you should call can us right away. You have a very limited amount of time during which to file a claim, and letting us evaluate your case now can mean the difference between being compensated for your injuries and having your case thrown out.
Damage Awards
One of the most common questions we get is “how much is my case worth?” While the answer to that varies greatly and needs to be independently estimated for each case, there are several things the court takes into consideration when awarding a payment (called “damages”):
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Your medical bills
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Potential future bills based on your need for ongoing care
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Lost wages from time taken off work
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Future wages that are likely to be lost
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Personal or household expenses incurred because of your injury
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Pain and suffering
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Mental anguish
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Loss of companionship/consortium
In addition to these things, the court will also evaluate how much you were at fault for the accident and reduce the award by your percentage of fault, so it’s extremely important to have an experienced attorney by your side who can accurately represent your situation and preserve as much of the potential award as possible.
If you’ve been injured by a vehicle, don’t gamble with your health or future. Call Hoffmaier & Hoffmaier today for a free consultation at (212) 777-9400.
