Even if you take the bus or subway in New York City, it is inevitable that you will have to walk our streets. Our city is known for being extremely walkable. However, on the flip side, traffic congestion and road rage often lead to drivers seriously injuring pedestrians. If a negligent driver struck you, the New York pedestrian accident lawyers at Buttafuoco & Associates are here to help.
Call today at 1-800-NOW-HURT.
Types of Injuries from Pedestrian Accidents
Pedestrian accidents can be especially dangerous because of a pedestrian’s total lack of protection. Pedestrians involved in accidents often sustain injuries such as the following:
- Head injuries
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones or fractures
- Fatal injuries
First Steps after a Pedestrian Accident
While waiting for police and emergency services to arrive – if you are able – you should try to identify any witnesses to your accident and get their contact information. These witnesses can provide valuable information for the police report regarding the cause of the accident and who was at fault.
Take photographs or video of the accident scene to show where you were injured and the conditions at the time of the crash. Make sure to save any damaged clothing or personal items for accident evidence.
Once you are actively receiving medical treatment, document your injuries and any other losses from the accident such as lost income or opportunities. You can use these details to file a claim for damages against the at-fault driver.
Determining Fault in Common Pedestrian Accidents
Many pedestrian accidents occur because drivers neglect to check their blind spots, yield, or act in a courteous manner to pedestrians. Many pedestrian accidents occur at night when visibility is low and drivers are sometimes unable to see a person in their path. The weather can also factor into the cause of a pedestrian injury, with heavy rain or snow reducing the driver’s visibility.
It is important to make note of the crosswalk conditions at the time of your injury. If you were walking in a crosswalk when you had a walk signal, the driver who hit you is likely at fault for either running a red light or failing to yield to you while you were in the crosswalk.
If you are in an unmarked crosswalk, you still have the right of way, but you must exercise caution to avoid stepping out into traffic when vehicles are approaching at a rate where it is impossible to stop and avoid a collision.
Jaywalking, i.e., crossing outside of a crosswalk, is a different situation, which could make you liable for your injuries.
However, even if you were jaywalking, the driver may share fault for your accident if he was speeding or otherwise violating traffic laws (e.g., texting or driving under the influence).
Buttafuoco & Associates can help you determine and prove fault for your claim.
Seeking Damages from a Pedestrian Accident
If you carry auto insurance, you will use the driver’s no-fault policy to cover your economic losses. These are losses relating to the cost of your medical care, lost wages, and lost earning opportunities. New York law does not allow you to recover further damages for pain and suffering (non-economic losses) unless you suffered a serious injury.
New York insurance laws define a serious injury as one that results in:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Miscarriage
- “Permanent loss of use or limitation of a body organ, function, or system”
- An inability to perform daily activities for at least 90 of the first 180 days following the accident
If you are able to prove you sustained a serious injury, you can file a claim against the at-fault driver for your economic and noneconomic damages.
If you are unable to recover compensation from the at-fault driver, such as if he did not carry insurance, you may be able to file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC). This party settles claims brought about by the negligence of uninsured motorists and is a great resource for uninsured pedestrians.
Call Buttafuoco & Associates Now for Legal Help
The insurance companies and MVAIC will not pay out settlements easily, especially without obvious proof of negligence against the at-fault driver.
For assistance with a pedestrian accident injury claim in New York, call the pedestrian accident attorneys at Buttafuoco & Associates at 1-800-NOW-HURT to schedule a consultation.
