Personal Injury Claim
If you suffer serious injuries in a pedestrian accident, you might require multiple surgeries or lifelong treatment, in which case a no-fault claim might not be sufficient to cover your medical expenses. In such a scenario, you can file a personal injury claim against the motorist and seek damages for your injuries as well as other losses caused by the accident.
The most common injuries resulting from motor vehicle – pedestrian accidents include:
- Broken bones
- Cuts, lacerations, and abrasions
- Concussions
- Crush injuries
- Nerve damage
- Spinal cord injuries
- Traumatic brain injuries
Severe injuries to your brain, spinal cord, and other vital organs can have lifelong consequences and affect your quality of life to a great extent. Brian injuries, for instance, can affect your cognitive function significantly. Injuries to the spinal cord, on the other hand, can result in quadriplegia (paralysis of the limbs) or paraplegia (paralysis of the lower body).
By filing a personal injury claim, you can seek compensatory damages for the following economic and non-economic losses.
- Medical expenses (surgery, rehabilitation, therapy, medications, and mobility aids)
- Loss of income
- Loss of earning capacity (if you are unable to earn as much as you used to due to the injuries you suffered in the accident)
- Pain and suffering
- Emotional distress
- Permanent disfigurement
- Diminished quality of life
How an Experienced New York Personal Injury Lawyer Can Help You
Whether you plan to file a no-fault claim or a personal injury claim, you should make sure that you are represented by a capable personal injury lawyer.
Filing a no-fault claim might sound like a simple, straightforward process, but it is not. Insurance companies have put up several procedural hurdles that might make it difficult for you to collect your no-fault benefits in a timely manner. So, it is advisable to seek the help of a personal injury attorney who can take care of the paperwork and other procedural requirements and make sure you receive your no-fault benefits as quickly as possible.
When it comes to filing a personal injury claim or lawsuit, the importance of hiring an experienced personal injury attorney cannot be overstated.
The first thing you should know about filing a personal injury case is that the at-fault motorist’s insurance company will use all sorts of tricks to get your case dismissed. For instance, they might claim that your injuries are not related to the accident at all. In some cases, they might argue that your injuries do not meet the criteria for ‘severe injuries’ and therefore you are only eligible to file a no-fault claim, not a personal injury claim.
In fact, this is one of the reasons why victims of pedestrian accidents – or any other kind of accident for that matter – should not try to directly negotiate with the at-fault party’s insurance company. Any statement that you make can and will be used against you by the insurance company in an effort to dismiss your case or to reduce your claim to the extent possible.
An experienced personal injury attorney will be able to counter the claims made by the insurance company, negotiate with them aggressively, and try to get them to agree to an out-of-court settlement. If they refuse to settle the case, your attorney will formally bring a personal injury lawsuit against the at-fault motorist, fight the insurance company in court, and recover the maximum amount of compensation possible.
Experienced Pedestrian Accident Lawyers in New York
At Rosenberg, Minc, Falkoff, & Wolff, we believe that victims of pedestrian accidents deserve to be fully compensated for their injuries and other losses. Founded in 1922, our firm has served the residents of New York for four generations.
Over the years, we have successfully represented scores of pedestrian accident victims and recovered substantial amounts of damages. Our lawyers are highly skilled, aggressive, resourceful, and have the trial experience needed to win your case through an out-of-court settlement or litigation.
Our personal injury attorneys work on a contingency basis. Unless we win your case and recover damages, you do not have to pay us a dime.
If you have been injured or if you have lost someone in your family in a pedestrian accident, our lawyers can provide you with high-quality, aggressive legal representation and make sure you are compensated for the losses you have suffered.
To find out how we can help you, call us today at (212) 210-1615 to schedule a free consultation with one of our personal injury lawyers.
No-Fault Claim
Under New York law, a pedestrian has the right to file a no-fault claim against the insurance company of the motorist who injured them and recover damages for their injuries. The claim needs to be filed within 30 days from the date of the accident.
The best part about a no-fault claim is that it allows you to recover damages for your injuries, even if you were partially at fault for the accident. This is because it is generally assumed that in the event of a collision between a motor vehicle and a pedestrian, the motorist shares a greater share of the responsibility for the accident.
The downside is that a no-fault claim allows you to recover only up to $50,000 in damages. Also, it does not allow you to recover damages 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, you might require multiple surgeries or lifelong treatment, in which case a no-fault claim might not be sufficient to cover your medical expenses. In such a scenario, you can file a personal injury claim against the motorist and seek damages for your injuries as well as other losses caused by the accident.
The most common injuries resulting from motor vehicle – pedestrian accidents include:
- Broken bones
- Cuts, lacerations, and abrasions
- Concussions
- Crush injuries
- Nerve damage
- Spinal cord injuries
- Traumatic brain injuries
Severe injuries to your brain, spinal cord, and other vital organs can have lifelong consequences and affect your quality of life to a great extent. Brian injuries, for instance, can affect your cognitive function significantly. Injuries to the spinal cord, on the other hand, can result in quadriplegia (paralysis of the limbs) or paraplegia (paralysis of the lower body).
By filing a personal injury claim, you can seek compensatory damages for the following economic and non-economic losses.
- Medical expenses (surgery, rehabilitation, therapy, medications, and mobility aids)
- Loss of income
- Loss of earning capacity (if you are unable to earn as much as you used to due to the injuries you suffered in the accident)
- Pain and suffering
- Emotional distress
- Permanent disfigurement
- Diminished quality of life
How an Experienced New York Personal Injury Lawyer Can Help You
Whether you plan to file a no-fault claim or a personal injury claim, you should make sure that you are represented by a capable personal injury lawyer.
Filing a no-fault claim might sound like a simple, straightforward process, but it is not. Insurance companies have put up several procedural hurdles that might make it difficult for you to collect your no-fault benefits in a timely manner. So, it is advisable to seek the help of a personal injury attorney who can take care of the paperwork and other procedural requirements and make sure you receive your no-fault benefits as quickly as possible.
When it comes to filing a personal injury claim or lawsuit, the importance of hiring an experienced personal injury attorney cannot be overstated.
The first thing you should know about filing a personal injury case is that the at-fault motorist’s insurance company will use all sorts of tricks to get your case dismissed. For instance, they might claim that your injuries are not related to the accident at all. In some cases, they might argue that your injuries do not meet the criteria for ‘severe injuries’ and therefore you are only eligible to file a no-fault claim, not a personal injury claim.
In fact, this is one of the reasons why victims of pedestrian accidents – or any other kind of accident for that matter – should not try to directly negotiate with the at-fault party’s insurance company. Any statement that you make can and will be used against you by the insurance company in an effort to dismiss your case or to reduce your claim to the extent possible.
An experienced personal injury attorney will be able to counter the claims made by the insurance company, negotiate with them aggressively, and try to get them to agree to an out-of-court settlement. If they refuse to settle the case, your attorney will formally bring a personal injury lawsuit against the at-fault motorist, fight the insurance company in court, and recover the maximum amount of compensation possible.
Experienced Pedestrian Accident Lawyers in New York
At Rosenberg, Minc, Falkoff, & Wolff, we believe that victims of pedestrian accidents deserve to be fully compensated for their injuries and other losses. Founded in 1922, our firm has served the residents of New York for four generations.
Over the years, we have successfully represented scores of pedestrian accident victims and recovered substantial amounts of damages. Our lawyers are highly skilled, aggressive, resourceful, and have the trial experience needed to win your case through an out-of-court settlement or litigation.
Our personal injury attorneys work on a contingency basis. Unless we win your case and recover damages, you do not have to pay us a dime.
If you have been injured or if you have lost someone in your family in a pedestrian accident, our lawyers can provide you with high-quality, aggressive legal representation and make sure you are compensated for the losses you have suffered.
To find out how we can help you, call us today at (212) 210-1615 to schedule a free consultation with one of our personal injury lawyers.
In a vast majority of accidents involving a motor vehicle and a pedestrian, the motorist is usually held liable for the resulting damages. This is because motorists have a duty of care towards other people who use the road, especially pedestrians.
The circumstances under which a motorist can be held liable for a motor vehicle – pedestrian accident include:
- If they were drunk or under the influence of drugs at the time of the accident
- If they were distracted and failed to keep their eyes on the road
- If they were driving over the speed limit
- If they failed to signal before turning
- If they were driving aggressively
- If they ran a red light
- If they failed to check their blind spots before reversing, turning, or changing lanes
- If they failed to give the right of way to the pedestrian
In some cases, the pedestrian might be partially at fault as well. The circumstances under which a pedestrian can be held liable for a motor vehicle – pedestrian accident include:
- If they were drunk or under the influence of drugs, which caused them to stumble on to the path of the vehicle
- If they were texting, emailing, or talking on the phone while crossing the road
- If they disregarded traffic signals and tried to cross the road when they were not supposed to
- If they were walking in a prohibited area (causeways, interstate highways, and so on)
- If they were jaywalking
It should be noted that even in the aforementioned examples, a motorist can still be held partially responsible for the accident. For instance, if a drunk pedestrian is hit by a speeding vehicle, the driver can be held primarily responsible for the accident. Similarly, if a jaywalking pedestrian is hit by a drunk driver, the driver can be held primarily responsible for the accident.
The Concept of Shared Fault
Many people mistakenly believe that if they are found partially at fault for the accident, they might not be able to recover any damages. This rule is only applicable in states that follow the contributory negligence doctrine.
New York, on the other hand, follows the comparative negligence doctrine, which gives victims of pedestrian accidents the right to sue the other party, even if their own actions contributed to the accident to a certain extent. This is where the concept of shared fault comes into play.
If, for instance, a pedestrian who is trying to cross the road while talking on the phone is hit by a drunk driver, they can both be held liable for the accident. The liability of the driver, however, is much greater in this instance than that of the pedestrian. So, the driver might be found 75% at fault and the pedestrian might be found 25% at fault for the accident.
In the aforementioned scenario, the damages awarded to the pedestrian might be reduced in proportion to their liability. For instance, if they are awarded $100,000 for their injuries, the compensation will be reduced by $25,000.
Compensation for Pedestrian Accidents – What You Need to Know
If you are a victim of a pedestrian accident, depending on the extent of the injuries you suffered, you can choose to file a no-fault claim or a personal injury claim to recover damages.
No-Fault Claim
Under New York law, a pedestrian has the right to file a no-fault claim against the insurance company of the motorist who injured them and recover damages for their injuries. The claim needs to be filed within 30 days from the date of the accident.
The best part about a no-fault claim is that it allows you to recover damages for your injuries, even if you were partially at fault for the accident. This is because it is generally assumed that in the event of a collision between a motor vehicle and a pedestrian, the motorist shares a greater share of the responsibility for the accident.
The downside is that a no-fault claim allows you to recover only up to $50,000 in damages. Also, it does not allow you to recover damages 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, you might require multiple surgeries or lifelong treatment, in which case a no-fault claim might not be sufficient to cover your medical expenses. In such a scenario, you can file a personal injury claim against the motorist and seek damages for your injuries as well as other losses caused by the accident.
The most common injuries resulting from motor vehicle – pedestrian accidents include:
- Broken bones
- Cuts, lacerations, and abrasions
- Concussions
- Crush injuries
- Nerve damage
- Spinal cord injuries
- Traumatic brain injuries
Severe injuries to your brain, spinal cord, and other vital organs can have lifelong consequences and affect your quality of life to a great extent. Brian injuries, for instance, can affect your cognitive function significantly. Injuries to the spinal cord, on the other hand, can result in quadriplegia (paralysis of the limbs) or paraplegia (paralysis of the lower body).
By filing a personal injury claim, you can seek compensatory damages for the following economic and non-economic losses.
- Medical expenses (surgery, rehabilitation, therapy, medications, and mobility aids)
- Loss of income
- Loss of earning capacity (if you are unable to earn as much as you used to due to the injuries you suffered in the accident)
- Pain and suffering
- Emotional distress
- Permanent disfigurement
- Diminished quality of life
How an Experienced New York Personal Injury Lawyer Can Help You
Whether you plan to file a no-fault claim or a personal injury claim, you should make sure that you are represented by a capable personal injury lawyer.
Filing a no-fault claim might sound like a simple, straightforward process, but it is not. Insurance companies have put up several procedural hurdles that might make it difficult for you to collect your no-fault benefits in a timely manner. So, it is advisable to seek the help of a personal injury attorney who can take care of the paperwork and other procedural requirements and make sure you receive your no-fault benefits as quickly as possible.
When it comes to filing a personal injury claim or lawsuit, the importance of hiring an experienced personal injury attorney cannot be overstated.
The first thing you should know about filing a personal injury case is that the at-fault motorist’s insurance company will use all sorts of tricks to get your case dismissed. For instance, they might claim that your injuries are not related to the accident at all. In some cases, they might argue that your injuries do not meet the criteria for ‘severe injuries’ and therefore you are only eligible to file a no-fault claim, not a personal injury claim.
In fact, this is one of the reasons why victims of pedestrian accidents – or any other kind of accident for that matter – should not try to directly negotiate with the at-fault party’s insurance company. Any statement that you make can and will be used against you by the insurance company in an effort to dismiss your case or to reduce your claim to the extent possible.
An experienced personal injury attorney will be able to counter the claims made by the insurance company, negotiate with them aggressively, and try to get them to agree to an out-of-court settlement. If they refuse to settle the case, your attorney will formally bring a personal injury lawsuit against the at-fault motorist, fight the insurance company in court, and recover the maximum amount of compensation possible.
Experienced Pedestrian Accident Lawyers in New York
At Rosenberg, Minc, Falkoff, & Wolff, we believe that victims of pedestrian accidents deserve to be fully compensated for their injuries and other losses. Founded in 1922, our firm has served the residents of New York for four generations.
Over the years, we have successfully represented scores of pedestrian accident victims and recovered substantial amounts of damages. Our lawyers are highly skilled, aggressive, resourceful, and have the trial experience needed to win your case through an out-of-court settlement or litigation.
Our personal injury attorneys work on a contingency basis. Unless we win your case and recover damages, you do not have to pay us a dime.
If you have been injured or if you have lost someone in your family in a pedestrian accident, our lawyers can provide you with high-quality, aggressive legal representation and make sure you are compensated for the losses you have suffered.
To find out how we can help you, call us today at (212) 210-1615 to schedule a free consultation with one of our personal injury lawyers.
New York City is known for its pedestrian-friendly infrastructure. Data from the US Census Bureau shows that nearly 10% of NYC residents walk to work every day. Unfortunately, the city’s heavy pedestrian traffic increases the risk of motor vehicle – pedestrian collisions considerably.
Every year, hundreds of pedestrians are killed, and thousands are injured in motor vehicle crashes in NYC. Data from the National Highway Traffic Safety Administration (NHTSA) shows that pedestrians account for 48% of all traffic-related fatalities in the city.
Determining Fault in Pedestrian Accidents in New York
In a vast majority of accidents involving a motor vehicle and a pedestrian, the motorist is usually held liable for the resulting damages. This is because motorists have a duty of care towards other people who use the road, especially pedestrians.
The circumstances under which a motorist can be held liable for a motor vehicle – pedestrian accident include:
- If they were drunk or under the influence of drugs at the time of the accident
- If they were distracted and failed to keep their eyes on the road
- If they were driving over the speed limit
- If they failed to signal before turning
- If they were driving aggressively
- If they ran a red light
- If they failed to check their blind spots before reversing, turning, or changing lanes
- If they failed to give the right of way to the pedestrian
In some cases, the pedestrian might be partially at fault as well. The circumstances under which a pedestrian can be held liable for a motor vehicle – pedestrian accident include:
- If they were drunk or under the influence of drugs, which caused them to stumble on to the path of the vehicle
- If they were texting, emailing, or talking on the phone while crossing the road
- If they disregarded traffic signals and tried to cross the road when they were not supposed to
- If they were walking in a prohibited area (causeways, interstate highways, and so on)
- If they were jaywalking
It should be noted that even in the aforementioned examples, a motorist can still be held partially responsible for the accident. For instance, if a drunk pedestrian is hit by a speeding vehicle, the driver can be held primarily responsible for the accident. Similarly, if a jaywalking pedestrian is hit by a drunk driver, the driver can be held primarily responsible for the accident.
The Concept of Shared Fault
Many people mistakenly believe that if they are found partially at fault for the accident, they might not be able to recover any damages. This rule is only applicable in states that follow the contributory negligence doctrine.
New York, on the other hand, follows the comparative negligence doctrine, which gives victims of pedestrian accidents the right to sue the other party, even if their own actions contributed to the accident to a certain extent. This is where the concept of shared fault comes into play.
If, for instance, a pedestrian who is trying to cross the road while talking on the phone is hit by a drunk driver, they can both be held liable for the accident. The liability of the driver, however, is much greater in this instance than that of the pedestrian. So, the driver might be found 75% at fault and the pedestrian might be found 25% at fault for the accident.
In the aforementioned scenario, the damages awarded to the pedestrian might be reduced in proportion to their liability. For instance, if they are awarded $100,000 for their injuries, the compensation will be reduced by $25,000.
Compensation for Pedestrian Accidents – What You Need to Know
If you are a victim of a pedestrian accident, depending on the extent of the injuries you suffered, you can choose to file a no-fault claim or a personal injury claim to recover damages.
No-Fault Claim
Under New York law, a pedestrian has the right to file a no-fault claim against the insurance company of the motorist who injured them and recover damages for their injuries. The claim needs to be filed within 30 days from the date of the accident.
The best part about a no-fault claim is that it allows you to recover damages for your injuries, even if you were partially at fault for the accident. This is because it is generally assumed that in the event of a collision between a motor vehicle and a pedestrian, the motorist shares a greater share of the responsibility for the accident.
The downside is that a no-fault claim allows you to recover only up to $50,000 in damages. Also, it does not allow you to recover damages 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, you might require multiple surgeries or lifelong treatment, in which case a no-fault claim might not be sufficient to cover your medical expenses. In such a scenario, you can file a personal injury claim against the motorist and seek damages for your injuries as well as other losses caused by the accident.
The most common injuries resulting from motor vehicle – pedestrian accidents include:
- Broken bones
- Cuts, lacerations, and abrasions
- Concussions
- Crush injuries
- Nerve damage
- Spinal cord injuries
- Traumatic brain injuries
Severe injuries to your brain, spinal cord, and other vital organs can have lifelong consequences and affect your quality of life to a great extent. Brian injuries, for instance, can affect your cognitive function significantly. Injuries to the spinal cord, on the other hand, can result in quadriplegia (paralysis of the limbs) or paraplegia (paralysis of the lower body).
By filing a personal injury claim, you can seek compensatory damages for the following economic and non-economic losses.
- Medical expenses (surgery, rehabilitation, therapy, medications, and mobility aids)
- Loss of income
- Loss of earning capacity (if you are unable to earn as much as you used to due to the injuries you suffered in the accident)
- Pain and suffering
- Emotional distress
- Permanent disfigurement
- Diminished quality of life
How an Experienced New York Personal Injury Lawyer Can Help You
Whether you plan to file a no-fault claim or a personal injury claim, you should make sure that you are represented by a capable personal injury lawyer.
Filing a no-fault claim might sound like a simple, straightforward process, but it is not. Insurance companies have put up several procedural hurdles that might make it difficult for you to collect your no-fault benefits in a timely manner. So, it is advisable to seek the help of a personal injury attorney who can take care of the paperwork and other procedural requirements and make sure you receive your no-fault benefits as quickly as possible.
When it comes to filing a personal injury claim or lawsuit, the importance of hiring an experienced personal injury attorney cannot be overstated.
The first thing you should know about filing a personal injury case is that the at-fault motorist’s insurance company will use all sorts of tricks to get your case dismissed. For instance, they might claim that your injuries are not related to the accident at all. In some cases, they might argue that your injuries do not meet the criteria for ‘severe injuries’ and therefore you are only eligible to file a no-fault claim, not a personal injury claim.
In fact, this is one of the reasons why victims of pedestrian accidents – or any other kind of accident for that matter – should not try to directly negotiate with the at-fault party’s insurance company. Any statement that you make can and will be used against you by the insurance company in an effort to dismiss your case or to reduce your claim to the extent possible.
An experienced personal injury attorney will be able to counter the claims made by the insurance company, negotiate with them aggressively, and try to get them to agree to an out-of-court settlement. If they refuse to settle the case, your attorney will formally bring a personal injury lawsuit against the at-fault motorist, fight the insurance company in court, and recover the maximum amount of compensation possible.
Experienced Pedestrian Accident Lawyers in New York
At Rosenberg, Minc, Falkoff, & Wolff, we believe that victims of pedestrian accidents deserve to be fully compensated for their injuries and other losses. Founded in 1922, our firm has served the residents of New York for four generations.
Over the years, we have successfully represented scores of pedestrian accident victims and recovered substantial amounts of damages. Our lawyers are highly skilled, aggressive, resourceful, and have the trial experience needed to win your case through an out-of-court settlement or litigation.
Our personal injury attorneys work on a contingency basis. Unless we win your case and recover damages, you do not have to pay us a dime.
If you have been injured or if you have lost someone in your family in a pedestrian accident, our lawyers can provide you with high-quality, aggressive legal representation and make sure you are compensated for the losses you have suffered.
To find out how we can help you, call us today at (212) 210-1615 to schedule a free consultation with one of our personal injury lawyers.
