Even when individuals on foot pay attention to their surroundings and follow every traffic law that applies to them, they still may be at risk of suffering serious injury if a motorist acts irresponsibly. Unfortunately, accidents like this are all too common around the state of New York, and they can significantly impact an injured party’s future.
If you were hurt because a negligent driver struck you while walking, seeking help from a Kenmore pedestrian accident lawyer should be a top priority. At Richmond Vona, LLC, our seasoned personal injury attorneys know how uniquely devastating the injuries and losses caused by this sort of incident can be. We will work diligently on your behalf to pursue the compensation you deserve.
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No-Fault Insurance Rules and Pedestrian Collision Claims
New York is among a minority of states that takes a “no-fault” approach to civil litigation based on auto accidents, including claims built around collisions between motor vehicles and pedestrians. In a nutshell, New York’s no-fault insurance system requires people injured in auto accidents to first seek recovery through their own car insurance coverage before they can file a third-party lawsuit. If they have no insurance, they must go through the coverage held by the other person or people involved in the incident.
Additionally, in order to be successful in a lawsuit following a wreck, the injured person must be deemed to have suffered a “serious injury,” which is defined under New York law as one or more of the following:
Any bone fracture
Death
Dismemberment
Significant disfigurement
Loss of a fetus
Permanent loss of use of an organ, member, or body system
Permanent or significant limitation of use of an organ, member, or bodily function/system
A medically determined injury or condition that prevents the injured person from performing their usual daily acts for at least 90 days during the 180 days immediately following the incident
Anyone whose injury is not considered “serious” along these lines will have difficulty demanding restitution for damages like physical pain and emotional trauma, even if someone else was 100 percent to blame for their accident. A Kenmore pedestrian crash attorney can explain how this system works in more detail and provide vital guidance for maximizing recovery within it.
Other Possible Obstacles to Effective Recovery
If bringing a claim is possible after a pedestrian accident, there are additional restrictions under state law that are important for prospective plaintiffs to be aware of in advance. For example, under New York Civil Practice Law & Rules § 1411, a court may assign an injured pedestrian a percentage of total fault for their own damages if that court believes the individual contributed to causing their injuries through some form of negligence. For example, entering a crosswalk without a signal could result in a portion of shared blame. Any share of fault assigned to the injured party could then be held against them as a proportional reduction from whatever damage award they receive.
Additionally, N.Y. C.P.L.R. § 214 allows most injured people just three years after initially sustaining harm to begin any lawsuit they intend to file over the incident. However, this period of time may be significantly shorter if the injured person was struck by municipal vehicle. Support from a capable attorney can be vital to effectively navigating legal roadblocks like this following a pedestrian accident in Kenmore.
Let a Kenmore Pedestrian Accident Attorney Help
Getting paid fairly for the harm you suffer after being hit by a negligent driver can be a lot harder in practice than you might expect. State law puts no shortage of obstacles in the way of people who want to recover financially after incidents like this, and opposition from legal counsel representing your named defendant(s) can add to the difficulty of getting a positive result.
Working closely with a Kenmore pedestrian accident lawyer from our team can help tilt the odds of a successful case resolution back in your favor. Call today to get started with a free consultation.
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.
