New York's No-Fault Insurance System and Pedestrian Accidents

Pedestrians are often involved in traffic accidents every year. These crashes can cause serious injuries and even death. Consequently, pedestrians who are injured in these accidents need to be aware of their rights and know how to protect themselves.

Amongst the most important questions that pedestrians face after a car accident is who will pay their medical bills and what they can do to get them compensated. This is why it’s so important for pedestrians to retain an experienced New York car-pedestrian accident lawyer as soon as possible.

How Does New York’s No-Fault Insurance System Work?

One of the most confusing things that most people who are involved in a car accident experience is how the insurance company will pay their medical bills. In most states, this is done through the no-fault insurance system.

In New York, this is called Personal Injury Protection (PIP). PIP coverage pays for hospital, ambulance, doctor, physical therapy, and prescriptions expenses related to the car accident. However, it does not cover non-economic damages like pain and suffering, loss of earnings, disfigurement, or lifelong disability.

If the at-fault driver has no insurance, or is underinsured, then this can be a major challenge in an accident case because of how the insurance company will interpret the law. In many cases, these types of accidents will require an attorney who specializes in pedestrian accidents to step outside of the no-fault system and file a claim against the at-fault driver.

Fortunately, in New York, the no-fault system is fairly straight forward. This allows injured parties to have their claims processed more quickly, and it also makes it easier for victims to determine where they should go for compensation.

The No-Fault Insurance Companies

When a person is in an accident, they must file an insurance claim with the proper No-Fault insurance company within 30 days of the accident. This is typically the car’s insurance provider or, if the car was not insured, with the insurance company that insures any vehicle in the person’s household.

The insurance company will then pay the claim, but it may take some time for this to happen. This is because the insurance company needs to have the person evaluated by a medical specialist before they can make a decision about how much benefit they will receive. If the injury is not severe enough or if the doctor does not feel that you can return to work or live a normal life, they will terminate the no-fault benefits and you will have to start paying for your own medical treatment out of pocket.

This is why it’s so important to have an experienced attorney on your side who can help you navigate these complicated legal issues. If you have been in a pedestrian accident, contact our NYC pedestrian accident attorneys today to schedule a free consultation.

Does a Pedestrian Have Rights?

Generally speaking, a pedestrian’s rights are protected by both federal and state laws. Specifically, a pedestrian’s right of way is guaranteed when the light or the crosswalk signal indicates that the pedestrian has the green light to cross.

How a Pedestrian Accident Lawyer Can Help With Insurance Claims

Pedestrians can suffer a variety of injuries, including broken bones, head injuries, back injuries, cuts and bruises. These injuries are often serious and require significant medical care, including surgeries and physical therapy. They can also result in permanent disability or even death.

If you or a loved one has been injured in a Brooklyn pedestrian accident, it’s important to contact an experienced lawyer as soon as possible. During this initial investigation, your lawyer will be able to determine who may be liable for the crash and collect all necessary evidence to build your case.

Insurance Claims

In most cases, the driver of a vehicle who hit you will pay for your medical bills and other losses related to the accident. This is called no-fault or first-party coverage and it typically pays for hospitalization, doctor’s visits, prescription drugs, diagnostic tests and therapeutic services.

The driver’s insurance company will also attempt to deny your claim or pay you less than you are owed, but this can be prevented by contacting an experienced Brooklyn personal injury lawyer as soon as possible. A good lawyer will work hard to get the maximum amount of compensation for your loss and damage and make sure that you receive everything that you deserve.

Pedestrian Injuries and Financial Losses

If you have been injured in an accident, you will have suffered a number of significant losses. These include lost wages, medical expenses, and rehabilitation costs. These losses can be difficult to estimate, as the effects of your injuries will continue to evolve over time.

Your lawyer will help you document these losses in a detailed manner. They will calculate your current and future financial losses to ensure that you receive the compensation you need.

You’ll want to include any and all future medical bills, as these are often more costly than the original hospitalization and recovery period. This will help you accurately measure the value of your case, which you can then use when negotiating with an insurance adjuster on your behalf.

New York is a comparative negligence jurisdiction, which means that liability for your injuries is apportioned to you and the driver of the vehicle who hit you. If you are 60% responsible for the accident and the driver is 40%, then your damages will be reduced by 20%.

Pedestrians are incredibly vulnerable to motor vehicle accidents. Consequently, many pedestrians are struck by cars on a regular basis and can suffer catastrophic injuries that leave them permanently disabled or even killed.

The victims of these accidents are left with mounting medical bills and expenses and are unable to return to work, which can be a lifelong struggle. They are also faced with the emotional trauma of the incident and must cope with the impact on their lives.

The statute of limitations in most personal injury cases in New York is three years, so it’s important to seek legal advice as soon as possible after your accident. This will allow you more time to collect the necessary evidence and obtain the best possible outcome for your case.

The Importance of Evidence in Brooklyn Pedestrian Accident Cases

The Importance of Evidence in Brooklyn Pedestrian Accident Cases

In a city as busy as New York, the chances of being involved in a pedestrian crash are high. Unfortunately, these accidents often result in serious injuries and may even lead to death. These types of cases are very complex and require the assistance of an experienced New York pedestrian accident lawyer to ensure that the victim is fairly compensated for their losses.

The Importance of Getting Evidence at the Scene Right After an Accident

It is important for victims of pedestrian accidents to get help from an attorney as soon as possible after an incident. This is to help ensure that all of the necessary evidence is preserved and that any witness recollections are not lost. The longer a person waits to seek legal counsel, the more likely it is that documents, photos and videos are destroyed and witnesses will lose memory of what happened at the accident site.

This can have a significant impact on a pedestrian’s chances of winning compensation for their injuries and losses. If the evidence and memories are not preserved, the victim may be left with no way to prove their claim.

Pedestrians have the right of way in New York and are expected to obey traffic control signals, signs, and pavement markings. Nonetheless, drivers are not always able to see or stop in time when there are other pedestrians on the sidewalk.

In many instances, these accidents can be blamed on the driver’s negligence or recklessness. This is true especially for cases where a driver runs a don’t walk sign or fails to yield the right of way to a pedestrian crossing the street.

If a driver was to blame for the crash, then they will be liable for a portion of any damages incurred by the injured party. This is known as a pure comparative negligence rule and can make a difference in the level of compensation awarded to a pedestrian’s family.

A lawyer can take several actions to secure compensation for a pedestrian’s injuries and losses following an accident. Generally, the first step involves submitting a claim to the driver’s insurance company under their no-fault policy. This is typically done to cover up to $50,000 of the injured party’s economic losses.

Next, an attorney can pursue a civil lawsuit against the driver or another party to recover additional damages. These include losses resulting from lost wages, future medical expenses and pain and suffering.

An injured person’s bills and expenses can quickly add up after an accident. This can lead to an unmanageable financial burden that cannot be overcome without financial relief. A Brooklyn pedestrian accident attorney can help you obtain compensation for your losses and expenses by navigating the insurance system for maximum financial compensation.

If a pedestrian is killed as the result of a collision, their loved ones can also seek compensation for their loss through a wrongful death lawsuit. It is important for families to contact a wrongful death lawyer as soon as they become aware of their loved one’s accident. They must file a claim within a certain amount of time or risk losing their rights to a wrongful death lawsuit.

Kucher Law Group

Kucher Law Group Injury Attorney

463 Pulaski St #1c, Brooklyn, NY 11221, United States

(929) 563-6780