Pedestrian accidents unfortunately cause injuries that may change a victim’s life forever. In New York, a no-fault law was put in place to make sure that car accident victims' medical bills and lost wages can be paid, regardless of fault. When there is no no-fault coverage or this coverage is inadequate, however, people with serious injuries may need to pursue a legal claim against a driver who struck them. At Newman, Anzalone & Newman, LLP, our New York City pedestrian accident lawyers may be able to help you bring a claim for compensation so that your financial burdens are alleviated.Claims Arising from Pedestrian Accidents
A no-fault claim is different from a personal injury claim. No-fault pays up to $50,000 in hospital bills, doctor's bills, prescription drugs, imaging, physical therapy, and diagnostic tests. If you are seriously injured, however, you may be able to recover not only these damages but also damages for pain and suffering and other intangible harms through a bodily injury claim. If you are a pedestrian, the insurer that provides your no-fault coverage may also defend and pay a settlement or judgment on the bodily injury claim. You will need to file a notice of application for no-fault benefits within 30 days of an accident to recover benefits. You immediately need to determine the driver's insurer and pursue no-fault benefits.
While no-fault is paid irrespective of fault, you generally need to show negligence to recover damages for a bodily injury claim. This means that you will need to show that the defendant owed a duty to use reasonable care but failed to meet that duty and as a result caused your injuries and damages.
If you were in the crosswalk, but a car ran a red light and hit you, it is likely that you can show the driver's negligence. A defendant's statutory violation, such as running a red light, may be used as a basis for a pedestrian accident attorney in New York City to prove a driver's fault. In addition to proving fault, you must usually have a serious and qualifying injury.
You can sue if you incur a basic economic loss that is greater than the $50,000 payable through no-fault insurance. Alternatively, you can show that you have one of the following serious and qualifying injuries: dismemberment, fractures, disfigurement, the loss of a fetus, the permanent loss of use of a body organ, body function, body member, or bodily system, a significant restriction on the use of a body system or function, or a non-permanent impairment or injury that stops you from substantially performing the material acts that make up your usual, customary activities for at least 90 days during the 180-day period immediately after sustaining the injury. You can also sue for wrongful death if you are the personal representative of someone who was killed in a pedestrian accident.
Sometimes, a pedestrian is partially to blame for an accident. For example, a pedestrian may be partially to blame if they were crossing against a light. In most cases, however, vehicles that are entering a road or turning are required to yield to a pedestrian under the New York Vehicle and Traffic Law, section 1146. A New York City pedestrian accident attorney often can argue that your own negligence was not a significant factor in causing the collision.
If you were hurt as a pedestrian in a vehicle hit-and-run accident, but you own a vehicle that insures you or you live in a household with someone who has insurance, you may have uninsured or underinsured motorist coverage to address this situation. When you have this type of coverage, even though you cannot recover damages from a driver who was at fault, your insurance company will step into the shoes of the hit-and-run driver's insurer. There is also a state fund (the New York Motor Vehicle Indemnification Corp.) that can provide first-party benefits for pedestrians injured in a hit and run.Seek Guidance from a Pedestrian Accident Lawyer in New York City
Often, pedestrian injuries arising out of a collision are quite serious because the pedestrian has nothing standing between their body and the force of the vehicle. Newman, Anzalone & Newman, LLP provides aggressive legal representation for people pursuing damages after a pedestrian accident in New York City. We represent victims in Queens, the Bronx, Manhattan, Brooklyn, and Long Island. Contact us at 718-896-2700 or via our online form.