Pedestrian Accidents in New York City
The National Highway Traffic Safety Administration reports that, on average, a pedestrian is killed every two hours in the United States. The final numbers in 2016 revealed that nearly 6,000 pedestrians were killed and about 70,000 injured after being struck by motor vehicles. In New York City, 144 pedestrians were killed by motor vehicles and thousands were injured – many seriously.
The New York pedestrian accident attorneys at Kaplan Lawyers PC have helped injured pedestrians obtain compensation for their injuries and other damages for decades.
Some causes of pedestrian accidents include drinking and driving, failure to obey traffic controls, and aggressive driving. But distracted driving – drivers using smartphones to talk or text – continues to be the leading reason for vehicle accidents involving pedestrians. Studies have shown that the minimum time these devices distract drivers is five seconds. A lot of harm can be done by their 2,000-pound vehicle in that time span.
New York “No Fault” insurance provides for the economic needs of pedestrians when struck by automobiles. Its “limited” coverage pays for:
- Medical bills
- Household services
- Transportation costs to medical providers
- And lost wages – up to the amount of coverage the policy holder purchases.
Other policy restrictions, variations in driver coverage, and stringent filing requirements make it all but essential to consult a seasoned pedestrian accident attorney to help protect all of your legally mandated compensation benefits.
Additionally – and sadly – an overriding intent of New York’s No Fault Insurance Law is to limit an injured accident victim’s ability to collect damages for their pain and suffering. This restrictive statute often hobbles victims who suffer significant injuries in their attempt to receive the fair compensation they deserve. This is another significant reason to retain a seasoned pedestrian accident attorney with a proven track record of aggressively defending the full compensation rights of people who deserve full and fair compensation after being injured in any vehicle accident.
Just make certain that your lawyer meets these criteria:
- Offers a free initial consultation
- Can help you receive proper medical attention if you need it – and without initial charge during that treatment
- Accepts no fees whatsoever unless you win your accident claim or case, and guarantees it in writing.
Frequently Asked Questions for Pedestrian Accidents
Do I need an attorney to handle my claim?
No. But if you needed an operation would you do it yourself? Insurance companies have an army of attorneys, claims specialists, and all kinds of experts to dispute the compensation you deserve. Ask someone who DIDN’T hire a personal injury attorney whether they wish they had hired one AFTER an insurance company ran them through the grease and paid them a paltry settlement amount that could never meet their needs.
How long do I have to bring a claim?
New York’s personal injury claim statute of limitations (time in which a claim must be brought from the date of the accident) is three years. If it’s for a wrongful death, two years from the date of death. If the claim is against a municipality, a much shorter statute of limitations may exist. Consult a lawyer immediately, not your friend who went to law school for a couple of semesters.
Can I bring a claim even if the other driver wasn’t 100 percent at fault?
Yes. New York law follows the pure “comparative negligence” statute. An injured party can be compensated for their injuries relative to their percentage of fault for the accident. For example, if a judge or jury believes that a claimant was 20 percent at fault, the driver who hit them may be required to pay 80 percent of total damages.
Do I have to pay any legal fees if I lose my case?
Not with Kaplan Lawyers PC. We work solely a contingency basis. Our written agreement with you states that if you don’t win your case we don’t get paid. Period!
How much is my case worth?
No attorney can tell you that sight-unseen. Anyone who says they can is either untruthful or incompetent. However, after a relatively brief (and free) initial consultation, we can share a fairly accurate opinion of what it might be.
How long will it take to settle my case?
All cases are different, but our legal team utilizes the most advanced technology and aggressive legal strategies to expedite our clients’ cases, generally resolving them faster than other firms. Well over 90 percent of our personal injury cases never see the inside of a court room. And that can be good news for you.
How will my medical bills get paid?
Your medical bills will ultimately be paid by the insurance company which covers the car that struck you. You must file a No Fault application with that insurance company within 30 days of the date of the accident. If you don’t, you waive your right to claim compensation.
Does No Fault pay for anything else?
Yes. No Fault will also pay for lost wages, prescription costs, transportation to medical providers, and reasonable expenses for household services.
If any of my personal property was damaged when I was hit, how can I get it fixed?
You will have to file a third-party claim with the other driver’s insurance company. But these can take significant time to resolve, and many insurance companies use deceptive tactics in order to avoid paying these claims. It is strongly recommended that you contact a legal professional before directly contacting the insurance company.
Can anyone sue to collect for pain and suffering if they were hit by a car?
New York’s No Fault Law significantly restricts a person’s ability to collect money for pain and suffering. It would very unwise for any non-lawyer to file a claim for pain and suffering. Consult a seasoned No Fault injury attorney first.
How will I know if my injuries will be considered serious?
Many of the injuries sustained in pedestrian accident cases become progressively worse with time. It is difficult to determine shortly after the accident. However, the experienced pedestrian accident lawyers at New York City and Long Island’s Kaplan Lawyers PC recommend that you retain an attorney immediately so that all filings are completed to protect your rights and ensure that you receive the compensation to which you are entitled. Contact us at (516) 399-2364 or through our online form to arrange a free consultation.
The Kaplan Lawyers PC team has the experts on retainer to investigate, preserve evidence, and prove your case. But time is of the essence. If you or a family member has been injured by a careless driver, contact our team of New York pedestrian accident attorneys immediately or call us at (516) 399-2364 and harness our decades of experience to work for you. The consultation is free; we charge you nothing unless we win your case.
Top Five Pedestrian Mistakes Made After Being Hit by a Motor Vehicle
- Admitting anything was their fault at the scene of the accident – even saying “I’m sorry”
- Not filing an accident report with the police
- Assuming you will feel better and not seeking medical attention
- Believing that the insurance company will deal with you fairly
- Not hiring an experienced attorney who will complete all filings to protect your rights, insulate you from predatory insurance companies, and work tirelessly so you can receive the compensation you deserve