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.

6 Ways a Lawyer Can Help You Get More Compensation After an Accident

Being involved in an accident can be a frightening experience and the aftermath of the incident can often leave you feeling overwhelmed. In addition to dealing with medical bills and other expenses, you may also have to face insurance companies who may not be willing to give you your full compensation for damages. However, hiring a lawyer after an accident can help make sure that you get what is rightfully yours. Lawyers are experienced professionals who know how to navigate the legal system and negotiate with insurance companies on behalf of their clients. They will work diligently to ensure that you receive maximum compensation so that your financial losses are minimised as much as possible following an accident. So here are six ways a lawyer can help you get more compensation after an accident.

1. Review Your Insurance Policy

A lawyer can review your insurance policy to ensure that you are receiving the full coverage and benefits specified by the insurer. They will also be able to advise you on any additional provisions or exclusions that may be included in the policy. So if you’re looking for reputable Northwest Louisiana Personal Injury lawyers, make sure that they have experience in reviewing insurance policies. Additionally, a lawyer may also be able to help you find additional coverage if the policy does not provide the full benefits you are entitled to.

2. Negotiate With Insurance Companies

Insurance companies may try to deny or minimise claim amounts to save money. An experienced lawyer can negotiate with them on your behalf and make sure that you receive the maximum amount of compensation for damages. They will also be able to handle all communication with the insurance company, which can help reduce stress and anxiety levels after an accident. Some insurance companies will try to take advantage of victims without legal representation, but with a lawyer in your corner, you can rest assured that any settlement will be fair and adequate.

3. Collect Evidence

A lawyer is trained to collect evidence such as witness statements, photos, medical records, and police reports building a strong compensation case. This can help ensure that all bases are covered and that the insurance company has no grounds to deny the claim or reduce the amount awarded. By having all the necessary documents at hand, a lawyer can present a comprehensive case and make sure that any settlement reflects what is owed to you.

4. Handle All Legal Proceedings

If an insurance company refuses to offer an adequate settlement then it may be necessary to pursue legal action in court. A lawyer will be able to advise you on the best course of action and handle all legal proceedings. This includes filing paperwork, representing you in court, and negotiating with the opposing party. One of the most important things to remember is that your lawyer will be there to represent your best interests, so make sure you understand the legal process and trust their guidance. By having an experienced professional on your side, you can rest assured that you’ll get a fair outcome from the court. Your lawyer can also ensure that all deadlines are met and paperwork is filed properly, helping you avoid costly delays or other potential issues.

5. Represent You in Settlement Negotiations

Settlement negotiations can often be lengthy and complicated, but a lawyer can help ensure that any agreement reached is fair and equitable for both parties. They are familiar with the law and know what kind of compensation an accident victim should receive according to state laws, so they can use this knowledge to advocate for their rights and make sure that settlement negotiations are conducted fairly.

6. Represent You in Court

If you choose to pursue a lawsuit, then an experienced personal injury lawyer can help you prepare your case and represent you in the courtroom. They will be able to present the evidence collected and argue on your behalf for the maximum compensation possible. It’s important to remember that litigation requires proof of negligence and damages, so having an experienced lawyer by your side can make sure that all bases are covered and that you get the most out of any settlement or verdict awarded.

By finding reputable lawyers with experience in reviewing insurance policies, negotiating with insurance companies, collecting evidence, handling legal proceedings, representing you in settlement negotiations, and representing you in court – you can maximise the amount of compensation received following an accident. Don’t settle for less when it comes to seeking justice after a traumatic event – make sure you have the legal representation that you deserve!