Drivers are often so intent on getting where they need to go that they do not notice people walking or jogging on the road. Pedestrians risk serious injury and death from careless or distracted drivers, whether they are jogging on the side of the road or crossing in a crosswalk.
Anyone who suffers injuries in a pedestrian accident should consult a local personal injury attorney as quickly as possible. Understanding your legal options is critical if you hope to receive appropriate compensation for your losses. A Nyack pedestrian accident lawyer from StolzenbergCortelli, LLP could guide you through the claims process and press your claim for damages in court, if necessary.
A pedestrian might file a lawsuit against the negligent driver only if they suffered a serious injury, as New York Insurance Law § 5102(d) defines the term. According to the law, the following are serious injuries:
Fatal injuries count as serious injuries for the purpose of stepping outside of the no-fault system.
Pedestrian injuries are often severe and usually will come within the statutory definition. However, in some cases, a negligent driver might contest whether a pedestrian has a qualifying injury. A Nyack pedestrian accident attorney at StolzenbergCortelli, LLP could present medical evidence and expert opinions supporting the person’s right to sue under the serious injury provision.
An injured pedestrian also must be able to establish the driver was negligent. Drivers have a legal obligation to use care when sharing the road with pedestrians; usually, drivers who hit people are negligent. However, other circumstances, such as a mechanical failure or another driver’s actions, might have contributed to the accident, and each responsible party could be held liable.
New York has a no-fault insurance system for traffic accident claims. Anyone who suffers an injury in a vehicle accident submits a claim to their insurer for coverage of their medical costs and lost wages. This claim must be submitted within 30 days of the accident.
When a pedestrian gets hit by a car, the insurance of the car that hit the pedestrian is responsible for the no-fault coverage. If a car that hits a pedestrian has no insurance or it is a hit and run, if the pedestrian has their own car insurance, that insurance will be responsible for the no-fault coverage.
A Nyack attorney from StolzenbergCortelli, LLP could help an injured pedestrian make their claim for coverage, no matter which policy is being used.
Although no-fault insurance simplifies the claims process in some ways, it has limitations. One of the primary concerns for a pedestrian accident victim is that no-fault provides only $50,000 of medical coverage. If a pedestrian suffered a significant injury, their expenses could quickly exceed the coverage limits.
They could claim against the driver’s insurance policy for their excess losses. If the driver’s policy limits are insufficient to fully cover the losses, the pedestrian must pursue damages in court.
The law only allows lawsuits seeking damages arising from vehicle accidents in specific circumstances. A Nyack attorney could advise a pedestrian on whether they could pursue damages in a specific case.
New York’s no-fault system is supposed to make getting compensation after an accident easier, but in some cases, the process can be more complicated. Do not try to manage your claim by yourself. Rely on a Nyack pedestrian accident lawyer from StolzenbergCortelli, LLP to help you navigate the system.
With the help of a capable legal professional, you could receive damages that compensate for all of your losses. Call us today.
Stolzenberg Cortelli LLP