Why You Need a Pedestrian Accident Lawyer
pedestrians who are hit by cars are at a higher risk for catastrophic injuries. Common injuries can include broken or fractured bones and internal organ damage, traumatic brain injury or spinal cord injury and disfigurement.
A skilled NYC pedestrian accident lawyer will help victims recover compensation for current and future medical expenses, rehabilitative care expenses, loss of income due to missed work, and other damages.
What to Do After a Pedestrian Accident
When you're walking along a street even if it has crosswalks and sidewalks there is a risk of being hit by the vehicle. If you're walking along the street or running to your car to pick up groceries, pedestrians run the risk of serious injuries and death in the event of being struck by a car. If you've been struck by an automobile while walking, it is imperative to act quickly to protect your legal and financial rights. A seasoned New York pedestrian accident lawyer can guide you through the complex process of filing an injury claim.
You should seek medical assistance as soon as is possible after a pedestrian collision. This should be done prior to discussing the incident with any insurance company. Your adrenaline may mask any signs or symptoms, so it's critical to have an examination and diagnosis from a doctor. Inability to seek treatment may impact your chances of receiving compensation for your losses or injuries.
After seeking medical treatment, you should contact the police to file a formal report of the incident. Make sure to obtain the name of the officer, badge number as well as the case number assigned to your case. It's much easier to obtain a copy of your police report once it's completed. Make a note of any additional statements you make to the police officer to ensure that you have the complete report.
If you own a smartphone, make sure you take pictures of the scene as well as your injuries. This can be vital evidence to support your claims. Lastly, try to get the names and contact information of any witnesses present at the scene of the accident. This will be helpful evidence to support your claim, since it is difficult to establish fault without the testimony of other parties involved in a collision.
An attorney can evaluate your claim and determine which types of damages you are entitled to. This could include future and present medical expenses, rehabilitative costs as well as lost wages due absence from work, property damage emotional distress or pain and suffering and emotional distress. An attorney for pedestrian accidents can maximize your compensation by ensuring that all your losses are properly accounted for and properly documented.
Establishing Liability
Your lawyer can aid you in determining who is responsible for your injuries, and help you create an argument that is convincing against the party or parties responsible. They will review evidence such as CCTV footage, eyewitness testimony and police reports to collect important information that can help strengthen your claim. They also collaborate with accident reconstruction experts who can recreate the scene to determine factors such speed, impact angles, and more.
Other parties may be accountable for your injuries even if the person who hit the pedestrian was usually at the fault. This can include the government agency responsible for road conditions and road safety, if it is proved that inadequate lighting or blocked views contributed to the accident. You may be entitled, based on the laws in your state to a compensation under the no-fault policy of the driver.
Your lawyer may also look over any evidence from a hit and run accident and attempt to locate the driver that fled the scene. This is particularly important if you've been injured by an impaired driver.
In some states, pedestrians are also at risk for not taking the necessary precautions to ensure their safety. In New York, for example pedestrians must abide by traffic signals and signs and be vigilant in areas that have high traffic. If a judge determines that you were responsible for your accident in any way, your damages may be reduced by a percentage proportional to the degree of blame.
Your NYC pedestrian accident lawyer can assist you in obtaining compensation for any current and future medical expenses, lost wages from missed workdays, pain and suffering as well as property damage, among other damages that you have incurred. They will collaborate with experts in the field to accurately estimate your losses so that they reflect your accident's full impact on your life. They can also negotiate with insurers to ensure that you are compensated the right amount and do not fall prey to unfair tactics. They can even take over interactions with insurance companies to ensure that you aren't forced to settle for less than what you deserve.
How to File a Claim
Pedestrian accident cases can be complicated and difficult to navigate without an experienced attorney. The decision of whether to declare an insurance claim or seek damages through a lawsuit to cover your injuries and losses is not always clear, and making the wrong choice could have disastrous financial consequences. For instance the option of settling with an insurance company might seem like a viable option after you are hit by a car, but oftentimes their offers do not cover all your losses.
It is important to seek medical attention for any injuries you have suffered. It is crucial to document the severity of your injury and the effects it has on you, such as physical pain, emotional distress, and loss of quality. It is also helpful to keep track of any costs you incur as a result of the accident, including medical bills, lost wages from absences from work and property damage.
The next step is to make a claim with the vehicle owner or driver's insurance company. In You Tube with no-fault laws the personal injury protection insurance of the driver, which is an integral part of most car insurance policies will take care of pedestrian's injuries regardless of who was at fault for an accident. In some instances the pedestrian may be covered by their own insurance company, dependent on the kind of insurance they have.
Before filing any type of insurance claim, it's crucial to consult a New York pedestrian injury lawyer. Insurance companies are adept in settling claims that are less than their value. They also know how to find loopholes in law that prevent you from recovering your full loss.
An experienced pedestrian accident lawyer from Shaevitz & Shaevitz can help you determine which avenue to pursue for the recovery of your losses. We can review any settlement offer made by the insurance company and ensure that it is sufficient to compensate you for your damages which include medical bills and lost wages due to working hours missed and emotional trauma and the costs of rehabilitation. In some instances we may also be able to assist in seeking compensation from other parties who might be liable for your losses, such as the city for poorly designed pedestrian crossings and sidewalks or a business if an on-duty delivery or ride-share driver strikes you.
Recovering Compensation
Being struck by a vehicle is a devastating and life-altering incident. It is possible to be responsible for medical bills that cost a lot of money and lose money due to the absence of work. It could also cause you to suffer from ongoing pain and emotional distress. If you find yourself in this situation you should consult a lawyer who will assist you in recovering the maximum amount of compensation you are entitled to. An attorney who has experience dealing with pedestrian accidents is the best choice because they understand how to calculate the full amount of damages you'll be entitled to and how to handle insurance companies who try to limit or deny your claim.
A NYC pedestrian accident lawyer who is experienced can gather evidence in court to prove that pedestrians have the right to use the right of way in many traffic situations. They will utilize video footage, police reports, and witness testimony to create a solid case for you. This will give you the best chance of recovering the compensation you are entitled to pay your medical bills or lost wages, as well as other damages caused by the crash.
A lawyer's help is the only way you can get the compensation you need to compensate for your losses following being struck by a car as a pedestrian. A lawyer can also protect you from being a victim by the insurance company of the driver at fault and negotiate a fair settlement for you.
Depending on the nature of your injuries, you could be eligible to receive compensation for your non-economic and economic damages. Economic damages refer to the cost of medical expenses and your loss of income, while non-economic damages are for your suffering and pain.
New York is an insurance no-fault state. This means that any injury claim must be filed with the insurance company for cars of the driver at fault. However, if your injuries fall within the serious threshold for injury, you can bring a lawsuit directly against the driver for their negligence.
It is important to speak with a pedestrian accident lawyer immediately following your accident, as the time limit for filing a claim is extremely short. A knowledgeable and experienced attorney will be able to guide you through the procedure of filing an injury claim and ensure that you have all the necessary evidence in place before the deadline expires.