In a vast majority of cases, motor vehicle – pedestrian accidents are caused as a result of the motorist’s negligence. Motorists in New York City have a ‘duty of care’ towards other people – especially pedestrians – with whom they share the roadway. When they fail to exercise reasonable care and drive in a negligent or aggressive manner, the risk of accidents increases to a great extent.
The most common ways in which motorists breach their duty of care include:
- Drunk driving
- Distracted driving
- Speeding
- Disregarding signals
- Turning left or right without signaling
- Not giving the right of way to pedestrians
Can a Pedestrian Be Held Responsible for a Motor Vehicle – Pedestrian Collision?
Yes, under certain circumstances, a pedestrian can also be held partially responsible for a motor vehicle crash. These include:
- Trying to cross the road while intoxicated
- Texting, emailing, or talking on the phone while crossing the road, especially at busy intersections
- Jaywalking
- Trying to cross the road when the ‘Do Not Walk’ signal is flashing
Can I Recover Damages for My Injuries from the Motorist Even If I Was Partially At Fault for the Accident?
Yes, you most certainly can. New York follows the doctrine of comparative negligence, under which the victim of a pedestrian accident has the right to sue the motorist and recover damages, even if they were partially at fault for the accident.
In such a scenario, however, the compensatory damages awarded to you will be reduced proportionately – depending on the extent to which your own actions contributed to the accident. For instance, if you are awarded $50,000 and if it is determined that you were 20% at fault for the accident, your damages will be reduced by 20%, as a result of which you will only be awarded $40,000.
What Kind of Damages Can I Recover If I Am Injured in a Pedestrian Accident?
It depends on the extent of the injuries and other losses you suffered in the accident.
No-Fault Claim
Under New York law, you are eligible to file a no-fault claim and receive compensation for the costs associated with your diagnosis, treatment, and rehabilitation.
It should be noted that you have the right to file a no-fault claim even if you were partially at fault for the accident. The amount of compensation you can receive, however, is capped at $50,000. Also, a no-fault claim is meant to cover the cost of your treatment alone. It does not compensate you for non-economic damages like pain and suffering or diminished quality of life.
Personal Injury Claim
If you suffer serious injuries in a pedestrian accident, the no-fault benefits you receive might not be sufficient to cover all the expenses associated with your treatment and rehabilitation. So, you will have to file a personal injury claim in order to recover an adequate amount of compensatory damages.
A personal injury claim allows you to seek compensation for the following economic and non-economic damages.
- Cost of medical treatment
- Cost of rehabilitation
- Cost of long-term care, in case you are partially or fully disabled as a result of the accident
- Permanent disfigurement
- Lost income
- Loss of earning potential
- Property damage
- Pain and suffering
- Diminished quality of life
Uninsured and Underinsured Motorist Insurance Coverage
In some cases, you might not be able to recover any compensation from the at-fault motorist. These include:
- If you are injured in a hit-and-run accident and unable to locate the driver
- If the at-fault motorist is uninsured
- If the at-fault motorist is underinsured
In such cases, you might be able to recover compensation from your own insurance provider using the uninsured or underinsured motorist provision of your own auto insurance policy.
Do I Need to Have Suffered Serious Injuries In Order to File a Personal Injury Claim in New York?
Yes. Under New York law, you must have suffered a serious injury in order to be able to recover compensation by filing a personal injury claim or lawsuit against the motorist who caused the accident. If your injuries are not serious, your personal injury case might be dismissed by a judge. You can, however, still file a no-fault claim and receive up to $50,000 in compensation.
What Constitutes a Serious Injury in New York?
Under New York law, the following injuries are considered serious injuries.
- Death
- Dismemberment
- Significant or permanent disfigurement
- Bone fractures
- Loss of a fetus
- Permanent loss of use of a limb, organ, or function
- Significant or permanent limitation of use of a limb, organ, or function
- Any injury that affects your ability to perform day-to-day activities for a period of 90 to 180 days from the date on which the accident occurred
Should I Seek Medical Attention After an Accident, Even If My Injuries Are Not Serious?
Yes, you must do so for the simple reason that you do not have the expertise to determine whether your injuries are of a serious nature or not. Moreover, in some cases, you might not exhibit any symptoms despite suffering an injury. By the time you notice that there is something wrong, it might be too late for you to file a claim against the at-fault party.
This is why it is absolutely necessary to get yourself thoroughly examined by a physician immediately after the accident. The physician’s report is the very foundation on which your personal injury case is built on.
How Long Do I Have to File a Personal Injury Lawsuit Against the At-Fault Party?
Under New York law, you are required to file a personal injury lawsuit against the motorist within a span of three years – starting from the date on which the accident occurred. If you try to file the lawsuit after the three-year period, it will most likely be dismissed by the court.
There are, however, a few exceptions to this rule.
- If you are a minor, the three-year period for filing a lawsuit only starts when you reach the age of 18.
- If you are suffering from a mental disorder and not considered to be of sound mind, the three-year period for filing a lawsuit only starts from the day on which you are declared sane.
- If the at-fault motorist leaves New York for four months or longer before you can file a lawsuit, their period of absence will not be included in the three-year period.
- If the at-fault motorist tries to avoid being sued by living under a false name, the three-year period for filing a lawsuit only starts after they are located.
Do I Need a Personal Injury Attorney to Handle My Case?
Yes, you do. Even if you are only planning to file a no-fault claim, it is still a good idea to seek the help of a personal injury lawyer, as even a minor procedural lapse can delay the process of recovering compensation from the insurance company. So, it is advisable to let your attorney handle all the paperwork involved.
If you are planning to bring a personal injury claim against the motorist responsible for the accident, it is absolutely necessary to be represented by a competent personal injury lawyer.
In personal injury cases, you cannot recover any compensation unless you can prove that the accident was caused as a result of the motorist’s actions. So, you need to make sure that you are represented by an experienced attorney who can collect the evidence required to establish the at-fault motorist’s negligence or culpability in court and recover sufficient compensation.
Are There Any Out-Of-Pocket Expenses Associated With Filing a Personal Injury Case?
No, there are not. Personal injury lawyers usually work on a contingency basis, which means you will be charged a fee only if your lawyer manages to win your case and recover compensatory damages.
Experienced Pedestrian Accident Lawyers in New York
Pedestrian accidents can leave you with injuries that might require a lifetime of treatment and care. It is very important to seek an appropriate amount of compensation from the at-fault party, as it is the only way to make sure that your dependants do not suffer the financial consequences of your injuries.
Rosenberg, Minc, Falkoff & Wolff, LLP is one of the most trusted law firms in New York. Since 1922, we have represented scores of NYC residents in personal injury cases and recovered over $1 billion in compensatory damages.
We can provide you with aggressive, high-quality legal representation, make sure you are not taken advantage of by the other party’s insurance company at any point, and recover adequate compensation for your injuries and other losses.
If you are a victim of a pedestrian accident and want to find out whether you have a case against the at-fault motorist, call our firm today at (212) 210-1619 and schedule an appointment with one of our experienced New York personal injury attorneys.
Pedestrian accidents are a common sight on the roadways of New York City. Data from the Department of Transportation (DOT) shows that every year, at least 100 pedestrians are killed and thousands are injured in accidents involving motor vehicles and pedestrians.
In this article, we have answered the most commonly asked questions regarding pedestrian accidents in NYC.
What Are the Causes of Pedestrian Accidents in NYC?
In a vast majority of cases, motor vehicle – pedestrian accidents are caused as a result of the motorist’s negligence. Motorists in New York City have a ‘duty of care’ towards other people – especially pedestrians – with whom they share the roadway. When they fail to exercise reasonable care and drive in a negligent or aggressive manner, the risk of accidents increases to a great extent.
The most common ways in which motorists breach their duty of care include:
- Drunk driving
- Distracted driving
- Speeding
- Disregarding signals
- Turning left or right without signaling
- Not giving the right of way to pedestrians
Can a Pedestrian Be Held Responsible for a Motor Vehicle – Pedestrian Collision?
Yes, under certain circumstances, a pedestrian can also be held partially responsible for a motor vehicle crash. These include:
- Trying to cross the road while intoxicated
- Texting, emailing, or talking on the phone while crossing the road, especially at busy intersections
- Jaywalking
- Trying to cross the road when the ‘Do Not Walk’ signal is flashing
Can I Recover Damages for My Injuries from the Motorist Even If I Was Partially At Fault for the Accident?
Yes, you most certainly can. New York follows the doctrine of comparative negligence, under which the victim of a pedestrian accident has the right to sue the motorist and recover damages, even if they were partially at fault for the accident.
In such a scenario, however, the compensatory damages awarded to you will be reduced proportionately – depending on the extent to which your own actions contributed to the accident. For instance, if you are awarded $50,000 and if it is determined that you were 20% at fault for the accident, your damages will be reduced by 20%, as a result of which you will only be awarded $40,000.
What Kind of Damages Can I Recover If I Am Injured in a Pedestrian Accident?
It depends on the extent of the injuries and other losses you suffered in the accident.
No-Fault Claim
Under New York law, you are eligible to file a no-fault claim and receive compensation for the costs associated with your diagnosis, treatment, and rehabilitation.
It should be noted that you have the right to file a no-fault claim even if you were partially at fault for the accident. The amount of compensation you can receive, however, is capped at $50,000. Also, a no-fault claim is meant to cover the cost of your treatment alone. It does not compensate you for non-economic damages like pain and suffering or diminished quality of life.
Personal Injury Claim
If you suffer serious injuries in a pedestrian accident, the no-fault benefits you receive might not be sufficient to cover all the expenses associated with your treatment and rehabilitation. So, you will have to file a personal injury claim in order to recover an adequate amount of compensatory damages.
A personal injury claim allows you to seek compensation for the following economic and non-economic damages.
- Cost of medical treatment
- Cost of rehabilitation
- Cost of long-term care, in case you are partially or fully disabled as a result of the accident
- Permanent disfigurement
- Lost income
- Loss of earning potential
- Property damage
- Pain and suffering
- Diminished quality of life
Uninsured and Underinsured Motorist Insurance Coverage
In some cases, you might not be able to recover any compensation from the at-fault motorist. These include:
- If you are injured in a hit-and-run accident and unable to locate the driver
- If the at-fault motorist is uninsured
- If the at-fault motorist is underinsured
In such cases, you might be able to recover compensation from your own insurance provider using the uninsured or underinsured motorist provision of your own auto insurance policy.
Do I Need to Have Suffered Serious Injuries In Order to File a Personal Injury Claim in New York?
Yes. Under New York law, you must have suffered a serious injury in order to be able to recover compensation by filing a personal injury claim or lawsuit against the motorist who caused the accident. If your injuries are not serious, your personal injury case might be dismissed by a judge. You can, however, still file a no-fault claim and receive up to $50,000 in compensation.
What Constitutes a Serious Injury in New York?
Under New York law, the following injuries are considered serious injuries.
- Death
- Dismemberment
- Significant or permanent disfigurement
- Bone fractures
- Loss of a fetus
- Permanent loss of use of a limb, organ, or function
- Significant or permanent limitation of use of a limb, organ, or function
- Any injury that affects your ability to perform day-to-day activities for a period of 90 to 180 days from the date on which the accident occurred
Should I Seek Medical Attention After an Accident, Even If My Injuries Are Not Serious?
Yes, you must do so for the simple reason that you do not have the expertise to determine whether your injuries are of a serious nature or not. Moreover, in some cases, you might not exhibit any symptoms despite suffering an injury. By the time you notice that there is something wrong, it might be too late for you to file a claim against the at-fault party.
This is why it is absolutely necessary to get yourself thoroughly examined by a physician immediately after the accident. The physician’s report is the very foundation on which your personal injury case is built on.
How Long Do I Have to File a Personal Injury Lawsuit Against the At-Fault Party?
Under New York law, you are required to file a personal injury lawsuit against the motorist within a span of three years – starting from the date on which the accident occurred. If you try to file the lawsuit after the three-year period, it will most likely be dismissed by the court.
There are, however, a few exceptions to this rule.
- If you are a minor, the three-year period for filing a lawsuit only starts when you reach the age of 18.
- If you are suffering from a mental disorder and not considered to be of sound mind, the three-year period for filing a lawsuit only starts from the day on which you are declared sane.
- If the at-fault motorist leaves New York for four months or longer before you can file a lawsuit, their period of absence will not be included in the three-year period.
- If the at-fault motorist tries to avoid being sued by living under a false name, the three-year period for filing a lawsuit only starts after they are located.
Do I Need a Personal Injury Attorney to Handle My Case?
Yes, you do. Even if you are only planning to file a no-fault claim, it is still a good idea to seek the help of a personal injury lawyer, as even a minor procedural lapse can delay the process of recovering compensation from the insurance company. So, it is advisable to let your attorney handle all the paperwork involved.
If you are planning to bring a personal injury claim against the motorist responsible for the accident, it is absolutely necessary to be represented by a competent personal injury lawyer.
In personal injury cases, you cannot recover any compensation unless you can prove that the accident was caused as a result of the motorist’s actions. So, you need to make sure that you are represented by an experienced attorney who can collect the evidence required to establish the at-fault motorist’s negligence or culpability in court and recover sufficient compensation.
Are There Any Out-Of-Pocket Expenses Associated With Filing a Personal Injury Case?
No, there are not. Personal injury lawyers usually work on a contingency basis, which means you will be charged a fee only if your lawyer manages to win your case and recover compensatory damages.
Experienced Pedestrian Accident Lawyers in New York
Pedestrian accidents can leave you with injuries that might require a lifetime of treatment and care. It is very important to seek an appropriate amount of compensation from the at-fault party, as it is the only way to make sure that your dependants do not suffer the financial consequences of your injuries.
Rosenberg, Minc, Falkoff & Wolff, LLP is one of the most trusted law firms in New York. Since 1922, we have represented scores of NYC residents in personal injury cases and recovered over $1 billion in compensatory damages.
We can provide you with aggressive, high-quality legal representation, make sure you are not taken advantage of by the other party’s insurance company at any point, and recover adequate compensation for your injuries and other losses.
If you are a victim of a pedestrian accident and want to find out whether you have a case against the at-fault motorist, call our firm today at (212) 210-1619 and schedule an appointment with one of our experienced New York personal injury attorneys.
