Injured in a Pedestrian Accident? Know Your Rights in NY

Posted October 12, 2023

Your Rights After a Pedestrian Accident in NY

Every year, many New Yorkers become victims of pedestrian accidents. Understanding your rights after such an unfortunate event is essential to ensure you get the justice and compensation you deserve. This comprehensive guide will walk you through the crucial steps and rights you should know.

Understanding Fault and No-Fault Laws in NY

New York is a no-fault state regarding pedestrian accidents. If you’re injured as a pedestrian, your medical bills and lost wages might be covered irrespective of who was at fault. However, understanding who was at fault can significantly influence the compensation amount.

For instance, imagine a woman Amanda walking across a crosswalk in Brooklyn, and that she was hit by a speeding car that ran a red light. The driver would be at fault. However, if Amanda was crossing the road illegally or was not paying attention, she might share some responsibility.

Types of Injuries and Their Impacts

Every pedestrian injury is unique, but some common injuries occur more frequently in pedestrian accidents. Recognizing these can help you gauge the severity of your situation.

Fractures: Like Michael from Brooklyn, who suffered a broken leg after being hit by a car, fractures are common and can lead to extensive medical bills and rehabilitation.
Head injuries: Concussions or traumatic brain injuries can have long-lasting effects. Sarah, for example, had to undergo cognitive therapy after a severe head injury from a pedestrian accident in Brooklyn.
Spinal injuries: These can range from whiplash to severe spinal cord damage, which might result in permanent disability.

Seeking Medical Attention Immediately

After a pedestrian accident, it’s crucial to seek medical attention, even if you feel fine. Internal injuries or delayed symptoms might emerge later. Getting a medical examination provides a record of your injuries, essential for any future legal claims.

For instance, David from Brooklyn didn’t feel pain immediately after his accident. However, a day later, he started experiencing severe back pain and was diagnosed with a slipped disc.

Filing a No-Fault Insurance Claim

As mentioned earlier, New York’s no-fault law allows injured pedestrians to claim medical expenses and lost wages, up to a certain limit, from the car driver’s insurance company. This claim should be filed promptly, typically within 30 days from the accident date, to ensure timely coverage.

When to Pursue a Personal Injury Lawsuit for Your Accident as a Pedestrian

If your injuries are severe or the no-fault insurance doesn’t cover all your expenses, you might consider filing a personal injury lawsuit against the at-fault party. This allows you to seek compensation for pain, suffering, and other non-economic damages.

Gathering Evidence for Your Case

Evidence is the backbone of any legal case. Ensure you collect photographs of the accident scene, witness statements, and any available surveillance footage. Keeping a diary of your physical and emotional health post-accident can also be beneficial.

Statute of Limitations for Pedestrian Accidents

In New York, you generally have three years from the accident date to file a personal injury lawsuit. However, there are exceptions and nuances to this rule, making it essential to act promptly and consult with an attorney.

If your accident involved the government – for example a police officer, fire fighter, county ambulance, a public school bus – or any other government involvement, you may have a second concern. Lawsuits involving the government in New York require you to file a “Notice of Claim” within 90 days of the accident. If you fail to file this timely, your claim may be barred against that entity.

For this reason, it is critical you contact the Law Office of Irene H. Gabo as quickly as possible at (800) 560-0214 to schedule a free consultation and protect your rights.

Working with a Skilled Attorney Can Make All the Difference

A seasoned attorney can be your greatest ally. They can guide you through the legal maze, ensure you get maximum compensation, and represent your best interests, especially if you’re going up against big insurance companies.

Our experienced attorneys have settled many, many cases with the insurance companies who insure drivers and property owners. We understand what proof they require, the willingness of different companies to negotiate on certain issues, the amounts they will typically settle for, and more. We can help you reach a settlement or bring the case to trial, whichever you prefer.

Understanding Compensation and Settlements

Compensation can cover medical bills, lost wages, pain, suffering, and more. However, the amount varies based on the accident’s circumstances, your injuries, and other factors. Often, insurance companies might offer a quick settlement, but it might not cover all your needs. Hence, it’s vital to understand what you’re truly entitled to.

Recovering from Your Injuries and Moving Forward

After a pedestrian injury, your main focus should be on recovery – both physical and emotional. While legal processes can be overwhelming, knowing your rights can provide relief and ensure justice is served.

Call The Law Office of Irene H. Gabo, P.C. – Pedestrian Accident Lawsuits

If you or a loved one has been involved in a pedestrian accident in New York, you don’t have to navigate the complex legal world alone. The Law Office of Irene H. Gabo, P.C. is here to help. With our extensive knowledge of NY laws, we’ll fight for the compensation you deserve. Contact us today at (800) 560-0214 for a free consultation.