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New York Pedestrian Lawyer
New York is home to many bustling cities with drivers and pedestrians constantly moving. Unfortunately, the area is so busy that being a pedestrian can be life-threatening. Just last year, traffic accidents took the lives of 273 people in New York City. Of those fatally injured, 158 were pedestrians or cyclists, and nearly 60% of those deaths were caused by major driving violations. As pedestrian deaths continue to rise, it’s clear that New York isn’t adequately able to protect pedestrians. When a careless motorist hurts you, turn to an experienced New York pedestrian accident lawyer at Bailey, Johnson & Peck for help recovering compensation for your serious injuries.
The personal injury attorneys at Bailey, Johnson & Peck have extensive experience advocating for the legal rights of pedestrians and helping pedestrian accident victims with financial recovery.
New York enforces a strict statute of limitations to file a pedestrian accident lawsuit for pedestrian fatalities and injuries. Don’t wait for time to run out before taking action. Contact Bailey, Johnson & Peck at 518-456-0082 to schedule a free consultation with a New York pedestrian accident lawyer about a possible pedestrian accident lawsuit.
Who is Considered a Pedestrian in New York?
Pedestrians include more than just those traveling by foot. Anyone traveling outside of a motor vehicle, such as a bicyclist, skateboarder, or runner is considered a pedestrian.
Common Pedestrian Accident Injuries Our New York Pedestrian Accident Lawyers Can Handle
Pedestrians involved in New York motor vehicle accidents often sustain catastrophic injuries. Permanent disabilities and long-term health conditions are common for victims of pedestrian accidents.
Pedestrian accident victims commonly suffer from the following severe injuries:
Arms and legs sustain significant damage when a car, truck, or SUV hits a pedestrian. If the damage is too severe, accident victims often endure the secondary trauma of a limb amputation.
Accident victims commonly suffer broken bones and fractures. The force of the impact causes the bone to give way or break completely. These injuries are excruciating and require in-depth medical care and recovery time.
Fractures may cause as much pain as a broken bone and typically take longer to heal.
Because of multiple potential burn sources, those involved in a car crash are at an increased risk for burn injury. Victims may suffer burns from vehicle explosions, exposure to hot debris, contact with a live current, or caustic chemicals leaked during the wreck.
Soft tissue injuries include whiplash, bruises, sprains, strains, tears, lacerations, and dislocations. Such injuries can scar and even disfigure victims for life.
Back trauma caused by pedestrian traffic accidents regularly includes spinal cord injuries.
Symptoms of spinal cord injury include:
- Difficulty breathing
- Loss of bladder and bowel control
- Numbness
- Paralysis
Spinal cord injuries often require extensive medical treatment such as surgery and ongoing physical therapy.
Pedestrians can often sustain traumatic brain injuries in vehicle accidents. The force of a moving vehicle can throw an unsuspecting pedestrian into the air, causing them to hit their head on the pavement or another immovable object or surface.
They may exhibit the following symptoms after such an extreme head injury:
- Memory loss
- Headaches
- Nausea
- Seizures
- Loss of consciousness
- Loss of balance
Head injury symptoms may last a few days or many years.
An experienced New York pedestrian accident lawyer can help you recover financial compensation for your serious injuries and losses after being struck by a motor vehicle.
Common Causes of Pedestrian Accidents in Albany, New York
New York intersections are a common accident site; however, pedestrian accidents can also occur when people are entering or exiting public transportation, walking or jogging on the roadside, or walking in parking lots or streets without crosswalks.
Typically, at least one of the following factors contribute to pedestrian accidents in New York:
- Distracted driving
- Drunk driving
- Fatigued driving
- Inadequately marked crosswalks
- Poor visibility
- Speeding
- Unsafe turning
The legal team at Bailey, Johnson & Peck can help you review your legal options and fight for just compensation no matter what hazard caused your pedestrian accident. We are experienced in litigating pedestrian accident cases, so we have what it takes to give you a favorable case outcome.
How an Albany Pedestrian Accidents Lawyer Can Help
Bailey, Johnson & Peck has a long history of lending a hand to Albany residents who have suffered a serious injury. Over the years, our dedicated New York pedestrian accident attorneys have helped many injured pedestrians recover damages for medical bills, lost wages, and more after being hit by a vehicle while traveling on foot.
When you retain the attorneys at our law firm to handle your pedestrian accident case, they will:
Assess the Damages and Establish Fault
Your Albany personal injury lawyer must show that someone else was negligent and caused your pedestrian accident injuries.
Every negligence claim consists of the four elements of negligence:
- Duty of care
- Breached duty of care
- Causation
- Damages
Your legal team must demonstrate that the negligent driver’s mistake caused the accident.
Compile Evidence
A pedestrian accident attorney at Bailey, Johnson & Peck will gather evidence to support your negligence claim. We can speak with witnesses, obtain photos and video footage, analyze medical records, and even hire accident reconstruction specialists to determine what happened.
Fight for Adequate Compensation
You would file an injury claim with the car driver or owner’s insurance provider after being struck by their vehicle. Drivers and car owners in most states must carry minimum liability insurance coverage.
The average insurance adjuster is known for offering low settlements to accident victims. That’s why you need a knowledgeable pedestrian accident lawyer’s assistance to negotiate a fair settlement or file a personal injury lawsuit.
The Limits of Insurance
Each state has a minimum requirement for insurance coverage; however, this amount varies.
New York law requires drivers to carry the following minimum amount of liability coverage:
- $10,000 – property damage for a single accident
- $25,000 – bodily injury per person for up to two people
- $50,000 – death of each person involved in an accident for up to two people
Most states require much less coverage than the amount you need to be made whole again. Your uninsured motorist (UIM) or underinsured motorist (UM) insurance may cover your accident if the negligent driver doesn’t have enough coverage.
New York Pedestrian Accident Claims and No-Fault Insurance
Several states, including New York, utilize a no-fault insurance system. In a no-fault state, injured persons first file a claim with their insurance company and receive “personal injury protection” (PIP) benefits.
However, pedestrians don’t have to carry PIP insurance to walk down the street. So, a hurt pedestrian is covered by the driver’s PIP insurance if they don’t have their own coverage.
Filing a Pedestrian-Car Accident Injury Lawsuit
When an insurance company does not cooperate with you or fails to provide fair compensation for your pedestrian injuries, it may be time to file a personal injury lawsuit. That’s when you need an Albany pedestrian accident lawyer at our law firm.
Damages for Pedestrian Accident Claims in New York
Economic Damages
Economic damages in a lawsuit are the monetary losses that you suffered as a result of your accident. Economic damages may be for current or future losses and may include:
- Past and future medical expenses
- Lost wages
- Property damage
- Caregiving expenses if the victim suffered some level of disability
- Counseling expenses
- Future lost earning capacity
Non-Economic Damages
Many victims suffer non-monetary losses after an accident as well. These losses typically stem from trauma associated with the event. The effects of trauma are just as damaging and real as financial losses.
Non-economic damages are harder to quantify and prove. They include things like PTSD, pain and suffering, disfigurement, humiliation, and loss of enjoyment of life.
New York has no limit on the amount of non-economic damages a victim may receive.
Can I Receive Damages if I’m Being Blamed for the Accident?
Insurance companies frequently work to place blame on accident victims to reduce damages. New York’s comparative negligence law allows victims to seek compensation even if they are partially at fault for their injuries.
The percentage of the victim’s liability reduces the compensation if they share part of the fault. For example, if a person is assigned 20% of fault for the accident, their financial award will be reduced by 20%.
Victims may seek compensation if they are assigned less than 50% of the liability.
Hit and Run Pedestrian Accidents
A pedestrian who is hurt in a hit and run accident may still be able to receive compensation for their damages, even if they don’t know who hurt them. The victim may file a claim with their personal vehicle insurance’s PIP coverage. These policies provide no-fault coverage for a victim’s lost wages or medical expenses.
Auto insurance companies place hit and run accidents in the same category as uninsured motorist accidents. As a result, an injured pedestrian may file a claim against their own policy’s UIM coverage.
Insurance companies may try to deny these types of claims. That is why you must have an experienced New York pedestrian accident lawyer working with you.
New York Statute of Limitations for Pedestrian Accident Claims
New York personal injury law gives victims three years from the date of the accident to file a pedestrian accident claim. The court may bar you from ever seeking compensation if you don’t file your lawsuit by the deadline.
Call a New York Pedestrian Accident Lawyer at Bailey, Johnson & Peck Today
Being struck by a motor vehicle instantly changes your life and future. Between possible ongoing medical issues and physical limitations, you may face mounting medical bills in addition to being unable to work.
Don’t wait to hire a New York personal injury lawyer. You need help getting the financial compensation you deserve after your catastrophic pedestrian car accident.
Call Bailey, Johnson & Peck immediately to schedule a free consultation with a New York pedestrian accident attorney. Our legal team will discuss the details of your case with you and let you know if you’re able to recover compensation for your losses. If so, we can immediately begin planning your legal strategy. Reach out to us at (518) 456-0082 to establish your attorney-client relationship and start fighting for the justice you deserve.
Our experienced firm represents various aspects of the law, including Albany dog attacks, Albany medical malpractice, and New York labor and employment law. Please contact Bailey, Johnson & Peck for all of your legal needs.
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Our attorneys have extensive experience in personal injury law, including car accidents, slip-and-fall accidents, catastrophic injuries and wrongful death. If you have questions about insurance coverage and how to get the financial compensation you need, contact us today to see how we can help.
We have represented many clients on both sides of personal injury and insurance disputes. Let us use our depth of knowledge and experience to help you and your family get the medical care and financial compensation you need and deserve.
