Pedestrian accidents are often life-altering events. When a vehicle, weighing thousands of pounds, collides with a pedestrian, the consequences can be devastating. Beyond the immediate trauma and potential for severe injuries like traumatic brain injuries, a pedestrian accident can fundamentally change the course of your life, creating a stark division between “before” and “after.” If you’ve been injured, a pedestrian accident lawyer in New York can be your strongest advocate.
At Block O’Toole & Murphy, we are committed to providing exceptional legal support to those who have suffered due to the negligence of others. Our firm has a proven track record of achieving significant outcomes in pedestrian accident cases, including landmark verdicts like the $32 million jury award for a Vietnam veteran who endured catastrophic injuries after being struck by a driver under the influence.
Key Information for Pedestrian Accident Victims:
- No-Fault Insurance Rights: As a pedestrian accident victim, you are entitled to no-fault insurance benefits through the vehicle that hit you. This coverage extends to lost earnings, up to $2,000 per month, and medical expenses.
- Pure Comparative Negligence in New York: New York operates under a pure comparative negligence system. This means you can still recover compensation even if you are found partially responsible for the accident. Your compensation will simply be reduced by your percentage of fault.
- Block O’Toole & Murphy’s Approach: Our firm stands apart through our commitment to prompt and thorough investigations and a trial-ready strategy from the outset of every case.
In This Article, We Will Explore:
Understanding Comparative Negligence in Pedestrian Accidents
A common concern for pedestrian accident victims is the fear of being blamed for the incident, especially if they were not strictly following traffic rules. For instance, jaywalking, or crossing against a “Don’t Walk” signal, is technically a negligent action. However, in bustling cities like New York City, pedestrians often navigate intersections based on the flow of foot traffic, sometimes prioritizing expediency.
If you are uncertain about pursuing legal action due to potential partial fault, it’s crucial to understand New York’s pure comparative negligence law. This legal principle is beneficial for pedestrians because it allows you to seek damages even if you contributed to the accident. Your recoverable damages will be proportionate to the driver’s degree of fault.
Consider a case successfully handled by Block O’Toole & Murphy. Our client, by multiple witness accounts, was crossing against a “Don’t Walk” signal and walking backward while using his phone and looking at a street sign. He was struck by a bus and sustained serious injuries.
While our client’s actions were undeniably negligent, our attorneys diligently pursued the case. Our investigators meticulously examined the accident scene, measuring the crosswalk and analyzing factors like the bus’s speed and the point of impact. We were able to demonstrate that our client was already in the crosswalk when the bus entered the intersection. Despite the bus having the right of way, the driver had a responsibility to observe pedestrians in the roadway and react accordingly. We secured a $500,000 settlement for our client.
This example underscores that liability in pedestrian accidents is often complex. Victims may not fully grasp the nuances of what occurred. Only an experienced New York pedestrian accident lawyer, equipped with legal expertise and the resources for comprehensive accident investigation, can accurately assess liability in your specific situation. Consulting with an attorney early is essential. A reputable lawyer will provide an honest evaluation of your case’s viability and offer guidance without judgment. Seeking legal counsel is a responsible step following a pedestrian accident.
Essential Steps to Take Immediately After a Pedestrian Accident
In the aftermath of a pedestrian accident, particularly if injuries are evident, immediate medical attention is paramount. This ensures a documented medical record of the incident. However, even if you believe you are not seriously hurt, calling 911 is vital for a prompt medical evaluation. Some injuries, especially head and spinal trauma, may not be immediately apparent. A medical professional can identify hidden injuries and enable timely intervention. Furthermore, a 911 call establishes an official record of the accident.
Until you have legal representation, it is crucial to avoid speaking with investigators representing the at-fault party or their insurance company. Refer all communication attempts to your attorney. Your lawyer should be involved in any discussions with opposing parties.
As a pedestrian accident victim in New York State, you have important rights you should be aware of immediately:
- No-Fault Insurance Coverage: If you are injured by a vehicle in New York, you are entitled to have your medical expenses covered, up to $50,000, through the vehicle’s no-fault insurance policy. This benefit is available regardless of fault and whether you or the driver are New York State residents. To access these benefits, you must file a claim with the driver’s insurance provider within 30 days of the accident, providing written notification of the incident details. This strict deadline highlights the urgency of consulting with a pedestrian accident attorney in New York promptly.
- Lost Earnings Compensation: If your pedestrian accident injuries result in lost income, New York’s no-fault laws allow you to recoup 80% of your salary, up to a maximum of $2,000 per month.
For detailed information on No-Fault insurance claims, refer to the New York State Department of Financial Services website.
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