Being hit by a car while running or walking is one of the most terrifying experiences a pedestrian could have. Severe, permanent, and sometimes fatal injuries often result.
New York’s no-fault system can make it complicated for a pedestrian to get appropriate compensation for their injuries. Consult one of our firm’s knowledgeable personal injury attorneys for assistance rather than trying to figure it out alone.
A Harris Hill pedestrian accident lawyer can identify all potential sources of insurance coverage and submit your claims to meet all legal requirements and timelines. If necessary, we can advocate on your behalf in court.
Click to jump to any topic on this page:
Common Pedestrian Injuries
Pedestrian accidents involving motor vehicles often produce devastating injuries. Drivers who see pedestrians in their path can brake and try to steer away to avoid hitting the person directly at full speed. The problem is that many motorists hit pedestrians because they do not see them until it is too late to slow down or otherwise avoid them.
Many pedestrian accidents are fatal. Survivors could suffer significant injuries such as:
Soft tissue damage of the neck, shoulder, and back
Compound or displaced fractures
Severe, deforming facial injuries
Internal bleeding and organ damage
Head trauma, including traumatic brain injuries
Damage to the spinal cord resulting in paralysis
A pedestrian might require extensive medical intervention, including lengthy hospitalization and surgeries, to recover from their injuries. Many suffer permanent impairment.
A Harris Hill attorney can ensure injured pedestrians receive the care they need to recover as completely as possible. Negotiating payment with medical providers and arranging referrals to specialists are some of the services a legal professional can provide immediately after an accident.
No-Fault Governs Pedestrian Accidents
Pedestrians must use the state’s no-fault system to get compensation for their injuries. If the injured person or any family member in their household owns a registered vehicle and has personal injury protection (PIP), it covers the pedestrian’s injuries. If no one in the injured person’s household has PIP, the driver’s PIP covers them.
If PIP is insufficient to pay the pedestrian’s medical expenses and lost wages, they could claim against the driver’s liability insurance if the driver was at fault. If the pedestrian’s losses exceed $50,000 or they have a serious injury, they could sue the at-fault driver for damages. A Harris Hill attorney can explain whether an injured party’s circumstances may qualify them to step out of the no-fault system and take the driver to court.
Determining which insurance policy should cover a pedestrian’s injuries could be complicated. If an injured person asserts a claim with the wrong insurer and gets a denial, too much time might have passed to file with the correct insurer. Retaining a legal professional to manage pedestrian accident claims is prudent and helps ensure they are filed correctly the first time.
Pure Comparative Negligence in a Pedestrian Collision
New York allows a negligent party to discount the damages they pay to an injured person with partial responsibility for an accident. The claimant must absorb a percentage of their damages equal to their degree of responsibility for the incident.
Multiple laws pertain to the use of roadways, crosswalks, and sidewalks by those on foot, and violating them could place some of the responsibility for an accident on an injured pedestrian. For example, anyone on foot or using a wheelchair must obey all traffic signals. They must use sidewalks when available and cross at marked crosswalks. When there are no sidewalks, the pedestrian must keep to the far left side of the road facing traffic.
Although a pedestrian could be negligent if they violate any of these laws, a driver still has a responsibility to be attentive and avoid causing harm to anyone on the road. New York Vehicle and Traffic Law §1146 requires drivers to use due care to avoid causing an injury. One of our skilled Harris Hill attorneys can help a pedestrian establish that a driver did not uphold their duty of care.
Get Help from a Harris Hill Attorney for a Pedestrian Accident Claim
A severely injured person is in no condition to deal with the no-fault system and negotiate with insurance companies. Engage a Harris Hill pedestrian accident lawyer to work for you to seek the maximum possible compensation.
Working with the team at Richmond Vona, LLC can ease the stress of recovery and bring you peace of mind. Call today to begin reviewing the details of your claim.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
