Personal Injury Law Firm in New York and Seattle

Getting compensation for your pedestrian accident injury

Getting compensation for your pedestrian accident injury

Pedestrian accidents happen in New York with a frequency that borders on alarming. In 2019, at least two hundred and twenty-one (221) people died in traffic crashes. 

While there is a perception that most victims of pedestrian accidents are responsible for the accidents, police data shows that less than five percent of these accidents can be blamed on the pedestrian. 

The rest of the time, drivers are to blame for pedestrian accidents. 

The factors that contribute to drivers being responsible for pedestrian accidents include:

  • Driver inattention or distraction
  • Failure to yield
  • Disregarding traffic signs
  • Driving at unsafe speeds
  • Driving while inebriated or intoxicated
  • Backing unsafely

Whatever the contributory factor, the fact remains that the driver was negligent while behind the wheel. As drivers have a duty of care to drive safely and at reasonable speeds on road, this negligence makes them liable when they hit and injure or kill a pedestrian.

If you or your loved one was injured or killed in a pedestrian accident, get in touch with us immediately. Oshan and Associates has a reputation for fighting for the underdog and getting justice for them. We will ensure that you get the compensation you deserve.

Determining liability in a New York pedestrian accident case

New York state's law makes provision for what is called First Party or No-Fault benefits. When you get hit by a car, the car has to provide this benefit for you. This means that the car's insurance company has to pay for medical bills and lost wages. The police accident report typically contains a code which can be used to identify and trace the insurance company. 

To get the first party or no-fault benefit, you have to apply within thirty days and you will be required to name the insurance company responsible for making the payment. 

Thus, you have to identify the insurance company right away or stand a chance of losing any medical coverage for the accident.

If the vehicle involved is a bus or a municipal vehicle, they are also obligated to pay the first benefits. To get this payment, however, you have to file a notice of claim within ninety days. 

This also applies to public authority vehicles such as the New York Sanitation Department. 

What about a Hit and Run Accident?

If however, you were hit by a vehicle and the driver zooms off without stopping at all, other statues apply. In this case, if you have a vehicle which has insurance or you live in a household with someone that owns an insured vehicle, it is the insurance company of that vehicle that will give you the medical coverage. 

This is known as the Uninsured Motorist Benefit. 

Additionally, New York has a state fund known as the New York Motor Vehicle Accident Indemnification Corp. 

This fund also provides the first benefit when a pedestrian is involved in a hit-and-run accident. Thus, you can avail yourself of this if you or your loved one was injured in a pedestrian accident and the car did not stop or you can’t get the uninsured benefit.

To access these benefits, you need to take a myriad of steps, one of which is reporting the accident in less than twenty-four hours after it happened. 

Taking these steps can be tasking, especially for somebody who had just been involved in an accident. 

This is why you need to hire a pedestrian accident lawyer immediately. Your lawyer will take these steps for you and also provide counsel for you on the peculiarities of your case.

Because New York is a No-Fault state, these benefits are paid regardless of who is at fault - up to an amount. 

If your medical bills exceed the no-fault threshold, you can sue the other driver for your injuries. You can also sue the driver if you have suffered serious injuries such as loss of limb, permanent disability, loss of a foetus etc. To do this, however, you have to prove that the driver was negligent. 

We can help you

Getting compensation when you have been injured in a pedestrian accident can be tricky. This is because insurance companies would rather not release funds, or release a pittance compared - if they can get away with it. 

Unfortunately for them, we will not let them do so when you bring your case to us. We will pursue your case aggressively and get you the compensation you deserve. Reach out to us through our contact page today

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