Pedestrian accidents and serious injuries are on the rise across the country, including on New York’s bustling streets, where these types of accidents often have devastating consequences. If you’ve been injured in a pedestrian accident caused by a negligent driver, the New York pedestrian accident lawyers at Buttafuoco & Associates are here to help. We are committed to helping victims maximize the compensation they receive for medical treatment, lost work time, and other expenses after their accident. Call 1-800-NOW-HURT to further discuss your case.
What to Do After a Pedestrian Accident
If you’ve been involved in a pedestrian accident, your first priority should be to seek medical attention and notify the authorities. However, there are several additional actions you can take to strengthen a possible personal injury case and protect your rights:
- Identify Witnesses: If possible, speak with witnesses and gather their contact information. Their accounts of the events can provide crucial evidence.
- Document the Scene: Take photos or videos of the accident scene, including crosswalks, traffic signals, and any visible damages or injuries. Save damaged clothing or personal items for evidence.
- Track Your Losses: Document your injuries, medical expenses, lost wages, and any other losses related to the accident, financial or otherwise. These details are essential for filing a claim and determining what you are owed in court.
Taking these steps from the get-go will help your lawyer build a stronger case. If you are not functional enough after an accident to take these steps, you should still reach out to an attorney: they can help you gather the necessary evidence after the fact.
Determining Fault in Common Pedestrian Accidents
Many parties may be involved in causing your accident. These include:
Driver Negligence: Establishing fault in a pedestrian accident is critical in securing compensation for your injuries. In most cases, fault lies with the driver when they fail to exercise reasonable care on the road. Some examples of driver negligence include:
- Failure to Yield: Drivers must yield to pedestrians at crosswalks, and failing to do so places the driver at fault for an accident.
- Distracted Driving: Actions such as texting, talking on the phone, or adjusting in-car devices can take a driver’s attention off the road.
- Reckless Driving: Speeding, running red lights, or aggressive behavior on the road are clear examples of negligence.
Environmental Factors: In addition to driver negligence, there are environmental factors that may have led to the accident, or even make determining fault more complicated. These may include:
- Low Visibility: Poor lighting at night, heavy rain, or snow can obscure a driver’s view of pedestrians. Even in these cases, however, drivers are expected to adapt to road conditions.
- Improper Road Maintenance: Hazards such as obstructed crosswalks or missing signage can contribute to accidents and make liability more difficult to determine. For example, the municipality or property owner responsible for maintenance may be determined negligent.
Pedestrian Responsibilities: While drivers are often at fault, pedestrians also have a responsibility to follow traffic laws and exercise caution. If you were responsible or partly responsible for your accident, you may receive less compensation.
- Crosswalk Use: Pedestrians have the right of way at marked crosswalks with a walk signal. If struck in this situation, the driver is typically at fault.
- Jaywalking: Crossing outside a designated crosswalk or against a signal may reduce a pedestrian’s ability to recover damages. However, a negligent driver may still share fault if they were speeding or engaging in unsafe behavior.
Shared Fault and Comparative Negligence: New York is one of several states that has comparative negligence laws; this means that fault can be shared between the driver and pedestrian. For example, if you were jaywalking but the driver was texting. This rule allows injured pedestrians to recover compensation even if they were partially at fault. This is a key reason to work with an experienced pedestrian accident attorney in New York who can analyze the details of your case.
Pedestrian Accident Compensation
In New York, compensation for pedestrian accidents typically comes from the driver’s no-fault insurance policy. This coverage applies to:
- Medical expenses
- Lost wages
- Lost earning opportunities
To recover damages for pain and suffering (non-economic damages), you must prove that you suffered a “serious injury.” Under New York law, serious injuries include:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Miscarriage
- Permanent loss or limitation of a body organ, function, or system
- An inability to perform daily activities for at least 90 days within the first 180 days after the accident
What If the Driver Is Uninsured?
If the at-fault driver is uninsured, you may be able to file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC). This organization provides compensation to victims of uninsured drivers.
How Buttafuoco & Associates Can Help
Insurance companies and the MVAIC don’t make it easy to sue for damages, even when someone else is responsible for your injuries. To recover compensation, you will need substantial proof and a solid case. The experienced New York pedestrian accident attorneys at Buttafuoco & Associates are here to fight for the settlement you deserve.
Call 1-800-NOW-HURT today or complete this form to schedule a consultation and get the help you need after a pedestrian accident.
