Pedestrian Accidents: Why You Need a Lawyer Immediately

While it is often ignored in accident statistics, pedestrian calamities are very common. More than 221 people succumbed to pedestrian accidents in New York in 2019. Interestingly, the general perception that pedestrian accident victims largely contribute to these accidents’ occurrence isn’t accurate. Recent police figures show that pedestrians are to blame for less than 5% of these accidents in the state. If you or a loved one suffered injuries on the road, consult a pedestrian accident attorney in New York to guide you through the restitution process and secure adequate financial compensation.

Pedestrians Can Also Be At Fault in Accidents

Vehicle drivers and pedestrians have the duty of reasonable care to all road users. This means pedestrians can be at fault for pedestrian accidents if they don’t act responsibly. However, even if pedestrians’ negligence can be blamed for the accident, vehicle drivers must also be blamed in pedestrian-car accidents.

Pedestrians can contribute to the accident by:

  • Jaywalking – pedestrians should observe traffic rules, such as crossing at designated zones
  • Failing to ensure the road is clear before crossing
  • Ignoring traffic signals when entering a crosswalk
  • Walking or crossing a street while intoxicated
  • Darting into the road
  • Distracting drivers and other road users intentionally

A Lawyer Can Build a Solid Case Using Evidence

Unlike the driver, pedestrians experience the accident’s full impact because they aren’t wearing any protective gear. Hence, pedestrian-car accidents often lead to life-changing injuries and fatalities, making it necessary for victims to seek compensation. Given the complexity of the matter, victims should consult competent legal aid who will assemble a plea by focusing on the following.

1. Determining Fault

Pedestrians caught jaywalking, using their cell phones, or entertaining other distractions while walking along the road can be held liable for the accident. However, contributing to the accident doesn’t mean you won’t receive compensation for your injuries and property damage. In most cases, auto drivers are also at fault for speeding, making an illegal turn, or driving irresponsibly.

If your lawyer can prove this in court, you will receive some compensation as per the statute of comparative fault. This statute allows pedestrians and other victims to receive part of the compensation even if they contributed to the accident. However, they should prove their actions didn’t solely cause the accident and that the driver also has some degree of fault.

A pedestrian attorney can use witness testimony, crime scene evidence, and medical records to determine the drivers’ fault in pedestrian accidents.

2. Calculating Damages

Determining monetary sums of lost wages and medical bills is relatively easy. However, putting a price tag on emotional distress, pain, and suffering is difficult. In most cases, insurance companies offer victims low pay-outs that are worth less than due to pain and mental agony. An experienced attorney understands personal injury laws and can help you calculate and fight for total compensation.

3. Guidance on The Legal Merits of The Case

Most victims of pedestrian accidents often don’t know where to begin, especially if they’ve suffered severe injuries or lost a loved one. Seeking medical attention or mourning the departed person is undoubtedly the first reaction. However, most people don’t know their legal rights after the accident.

Your hired pedestrian accident lawyer can recommend the best steps moving forward. They evaluate all the case details to determine your compensation chances and who to sue for liabilities.

4. Staying on Top of Deadlines

All personal injury cases should be filed within a given period, often referred to as the statute of limitations. New York laws require personal accident victims to file injury claims within three years. Hiring a lawyer immediately gives you enough time to collect evidence and prepare the case while recovering.

5. Negotiating with Insurance Companies

As mentioned, insurance companies often try to downplay the severity of victims’ injuries to offer low pay-outs. If an insurance adjuster offers a settlement before calculating your damages, you won’t likely get a good deal. Insurance companies hire experienced lawyers to defend their cases and question your legibility. Therefore, you should hire an experienced pedestrian lawyer to negotiate their initial offer and handle their defences.

Navigating Car Accidents in a No-Fault State: What You Need to Know

If you’ve been involved in a motor vehicle collision, it’s essential to understand your legal rights and obligations, particularly if you live in a no-fault state. In these states, auto accident victims often face unique challenges when seeking compensation for their injuries and damages.

It’s not uncommon for individuals injured in a road mishap to feel overwhelmed by the legal process. However, knowing what to expect and how to protect your rights is crucial in successfully navigating the accident’s aftermath. Whether it’s a fender-bender or a severe crash, getting legal help is always recommended.

This article will guide you through navigating car accidents in a no-fault state. We’ll discuss the basics of no-fault insurance, the steps you should take after an accident, how fault is determined, and how to recover damages. By the end of this article, you’ll better understand what you need to know to protect yourself after an automobile collision.

Understanding the Basics of No-Fault Insurance

No-fault insurance is a type of car insurance coverage that pays for medical expenses and lost wages regardless of who caused the accident. This means that in a no-fault state, your insurance company will pay for your injuries and damages, even if you were at fault for the accident. However, this also means you cannot sue the other driver unless your injuries exceed a certain threshold. Understanding how no-fault insurance works is essential to navigating car accidents in a no-fault state.

Determining Fault in a No-Fault State

In a no-fault state, determining fault in a car accident is not as straightforward as it may seem. Since no-fault insurance laws limit an injured person’s ability to sue the at-fault driver, fault is typically only relevant in cases where the injuries exceed a certain threshold.

However, fault can still play a role in determining the amount of compensation an injured person receives from their own insurance company. Insurance adjusters will review the police report, witness statements, and other evidence to determine the degree of fault for each driver. The adjusters will then use this information to calculate the compensation each party is entitled to under the insurance policy.

Despite the limitations of no-fault insurance laws, car accident lawyer insights can help pursue compensation from a negligent party. A skilled lawyer can review the facts of the case and guide the best course of action for seeking total and fair compensation, whether through insurance or legal action.

Recovering Damages in a No-Fault State

In a no-fault state, recovering damages after a car accident can be challenging, as no-fault insurance laws limit an injured person’s ability to sue the at-fault driver. However, there are still ways to recover damages in a no-fault state, including:

  • Personal Injury Protection (PIP) coverage: It is mandatory in no-fault states that provide medical expenses and lost wages to the policyholder, regardless of fault.
  • Medical payments coverage: This optional coverage pays for medical expenses for the policyholder and passengers, regardless of fault.
  • Property damage liability coverage: It pays for damages to the other driver’s vehicle and property, regardless of fault.
  • Uninsured/underinsured motorist coverage: This coverage pays for damages and injuries caused by a driver with insufficient or no insurance.

It’s important to note that in a no-fault state, there are limits on the types of damages that can be recovered, including non-economic damages such as pain and suffering. However, an injured person may still be able to recover damages for medical expenses, lost wages, and other economic losses. Seeking the advice of a car accident lawyer can be helpful in understanding the options for recovering damages in a no-fault state.

Steps to Take After a Car Accident

If you’re involved in a car accident in a no-fault state, there are several steps you should take to protect yourself and ensure that you receive the proper compensation:

  • Seek medical attention immediately, even if you feel fine.
  • Call the police and file an accident report.
  • Exchange information with the other driver, including name, phone number, and insurance information.
  • Take photos of the accident scene and any damages to the vehicles.
  • Notify your insurance company of the accident.
  • Contact a car accident lawyer if you have any questions or concerns about your legal rights and options.

Taking these steps can help protect your health, finances, and legal rights after a car accident in a no-fault state.

Bottom Line

In conclusion, navigating car accidents in a no-fault state can be complex, but understanding your rights and legal options is crucial. Following the steps outlined in this article and seeking legal guidance when necessary, you can protect yourself and receive the compensation you deserve.