Bronx Pedestrian Accident Lawyer
Being a pedestrian hit by a car or truck is a traumatic experience. Not only can there be significant physical injuries, but also mental anguish. Just because a pedestrian has been hit by a car however, does not mean that they are going to win their case.
Insurance companies may try to depict you as the at fault party or even push you to not pursue a claim at all. It is important to contact an experienced injury attorney who can fight for your rights.
Bronx pedestrian accident lawyers work with clients in a compassionate and thorough manner to get them fair compensation for their injuries.
What are the Pedestrian Accident Laws in New York?
Auto accidents, including pedestrian accidents, are usually reviewed under the legal concept of negligence. Negligence, simply put, is when a person fails to take reasonable care to ensure that another does not get hurt.
There are five parts, or elements, that must be met for a successful negligence action:
- Duty – Duty is when a person has a legal responsibility to care for the welfare of another person. Whenever a person drives a car, they assume a duty to not injure other drivers or pedestrians. Because of this, the duty element of negligence is almost always a given in a pedestrian accident case.
- Breach – A breach of duty is when a person takes an action, or fails to take an action, and therefore violates their duty. Here is where many pedestrian accident cases are decided. What steps did the driver take to not hit the pedestrian? Did the pedestrian cross against a light? These questions are pivotal to a claim.
- Cause – The plaintiff must show that the accident caused their injuries. This can be straightforward, but sometimes insurance companies will attempt to argue that the injuries were preexisting.
- Scope – Scope simply means that the injuries suffered must have been foreseeable for the nature of the accident. In pedestrian cases, this is almost never at issue since being hit by a car can cause serious trauma.
- Damages – Lastly, the plaintiff must have physical injury in order to make a claim.
What is the Statute of Limitations for Pedestrian Accidents?
One other aspect of Bronx pedestrian accident cases to consider is the idea of statute of limitations, which is the time limit wherein a person can file a claim in court. NY CPLR § 214 states that this time limit is three years. This time can pass quickly since medical treatment can take months and insurance companies often delay issuing settlements.
Bronx pedestrian attorneys work to ensure that these time limits are met and if a filing in court is necessary, making sure that this is done on time.
Nuances of the Breach of Duty
Above, it mentioned that the element of breach of duty can be difficult to prove in a pedestrian accident case. Issues such as the speed of the car during the accident, whether the pedestrian was using a crosswalk, whether there was a stop sign, and the weather are all factors that can determine who was at fault for an accident.
For example, if a pedestrian is crossing in the middle of the street at midnight, outside a crosswalk, and is hit by a car, it may be difficult, but not impossible, to prove that the driver was negligent.
How a Bronx Pedestrian Accident Attorney Can Help
Recovering from injuries sustained in a pedestrian accident can be a time consuming and frustrating process.
On top of the physical and mental recovery, the insurance companies often pressure people into quick settlements. Do not be taken advantage of.
Bronx pedestrian accident lawyers work to ensure that their clients get the compensation that they deserve. They negotiate with insurance companies on your behalf, and if settlement cannot be reached, they prepare you for trial. Contact today to discuss your case.