Hempstead Pedestrian Accident Lawyer
Walking is a healthy and environmentally conscious way to get around town, but being a pedestrian among busy traffic can be dangerous. Many motor vehicle accidents involving pedestrians result in catastrophic injuries, and due to the devastating nature of these accidents, injury victims may be hospitalized, incapacitated, and unable to work for substantial lengths of time.
Fortunately, a skilled personal injury attorney may be able to help individuals in this situation pursue damages for their losses. A seasoned Hempstead pedestrian accident lawyer may be able to represent the interests of those who have suffered injuries due to a motor vehicle operator’s negligence.
Recoverable Damages Following a Pedestrian Accident
Hempstead adheres to Florida’s no-fault car insurance policy, which means that all drivers must carry a minimum of $50,000 worth of coverage under a personal injury protection (PIP) policy. When the costs of injuries from a crash exceed this amount, or if a fatality results, injured parties—or their surviving family—may seek additional damages from those responsible for causing the pedestrian accident.
Most pedestrian accident claims require a claimant to prove an at-fault driver’s negligence in order to recover damages. Licensed motor vehicle operators have a legal duty of care to protect surrounding drivers and pedestrians from foreseeable harm, so an injured party must present evidence which shows that a driver breached this duty and that injuries resulted directly from their violation of this responsibility.
Some common examples of driver negligence that could lead to injuries include:
- Driving while under the influence of alcohol or drugs
- Driving while distracted by the use of cell phones or other electronic devices
- Failing to yield the right of way to pedestrians
Drivers who violate traffic laws and fail to keep others reasonably safe from harm may be found responsible for any subsequent injuries. A dedicated Hempstead pedestrian accident attorney could advocate for an injured claimant and gather the evidence necessary to prove negligence in a civil suit.
The Impact of Comparative Negligence
In some situations, an at-fault driver may allege that a pedestrian is at least partially at fault for causing an accident that led to their injuries. For example, pedestrians who do not use a crosswalk or do not pay attention to surrounding vehicles when crossing streets could be assigned a percentage of the blame for an accident.
However, New York is a comparative fault state, which means that a pedestrian who does share some fault or responsibility for the accident in which they were injured may still be able to recover damages for their losses. However, a claimant who shares some fault for causing an accident may only collect a reduced amount of damages, decreased proportionately to their assigned percentage of fault.
For instance, if a pedestrian is 40 percent at fault for causing an accident, they would only be able to recover for 60 percent of their damages at most. An experienced pedestrian accident lawyer in Hempstead may be able to examine the circumstances surrounding an accident and determine which parties should bear responsibility for causing it, as well as for the resulting damages.
Consult a Hempstead Pedestrian Accident Attorney Today
Accidents involving motor vehicles and pedestrians can leave the latter in particular with severe injuries, including broken bones, brain trauma, spinal cord damage, and more. If you were injured while walking, a compassionate Hempstead pedestrian accident lawyer may be able to help you build a strong claim for damages against the at-fault party or parties.
By engaging the services of qualified legal counsel, you could place yourself in a better position to recover for your losses. Call today to start working on your case.