Huntington Pedestrian Accident Lawyer
A nice neighborhood walk, jog, or run could lead to an accident beyond your control if a negligent motorist drives into you and leaves you hurt. A severe injury could have devastating consequences on your life and put immense stress on your bank account.
If you have suffered an injury because someone else was being careless, a Huntington pedestrian accident lawyer could help you recover the compensation you deserve and safeguard your financial future.
How Serious and Common are Pedestrian Accidents?
Nationwide, New York ranks fourth for the most pedestrian accidents. Pedestrians are more vulnerable than passengers or drivers in vehicles, sustaining ten times more damage to their bodies.
The first step an injured person in an accident should do is seek immediate medical treatment at the scene or as soon as possible after that. If possible, they should also collect or have a family member collect medical records, hospital bills, eyewitness contact information, and take photos of the accident site with a cell phone. Evidence may be the last priority after being hit by a car but thinking about filing a claim now can make the future easier. Proof will be necessary if a Huntington attorney files a lawsuit on behalf of the injured pedestrian.
New York Law
Drivers to carry motor vehicle insurance, but even pedestrians may first turn to their own provider to file a claim because New York is also a no-fault state. This personal injury protection (PIP) must be carried at a $50,000 minimum and can be used to pay for the injured pedestrian’s economic losses, such as medical bills and lost wages.
New York no-fault law also allows those injured by a negligent driver to sue that party if the damages exceed the injured person’s PIP coverage. By filing a lawsuit, the pedestrian can ask for payment for non-economic damages, such as:
- Pain and suffering
- Future economic loss
- Loss of enjoyment of life
- Loss of future guidance for family members filing a wrongful death lawsuit in the event the pedestrian is killed
Pedestrians injured in an auto accident can contact a Huntington attorney to discuss the details of a lawsuit if PIP coverage is inadequate.
Pedestrian Accidents Based on Negligence
Injured pedestrians filing a lawsuit must prove the driver of the motor vehicle involved was negligent behind the wheel. Drivers do have an obligation to drive responsibly, called a duty of care. If they drive recklessly, they are breaching that duty. If they injure a pedestrian through their reckless actions, they will be held legally liable for any injury suffered. Some examples of negligent driving are:
- Failure to stop at red lights or stop signs
- Driving under the influence of drugs or alcohol
- Talking or texting on a cell phone
- Distracted driving, such as driving while eating or applying makeup
What is Comparative Negligence Compared to Pure Comparative Negligence?
An insurer or the defendant may claim that a pedestrian injured by a negligent motorist was at least partly to blame for the accident. For instance, that the pedestrian could have been walking around inebriated or crossing during a red light. In a few states, this judgement would preclude the pedestrian from collecting damages, however, New York follows the doctrine of comparative negligence. This means that an injured pedestrian partially at fault for an accident could still collect damages.
Pure comparative negligence refers to the statute allowing injured pedestrians to collect damages if it is proven that they were more negligent than the motorist in an accident. In comparative negligence cases, the monetary damages award is reduced by the percentage of fault the court assigns to the plaintiff. Even if a Huntington pedestrian is found 95 percent guilty of an accident, an award for five percent of the damages could still be recovered. A legal professional could review a case to help determine the degree of fault if it applies to a plaintiff’s case.
A Huntington Pedestrian Accident Attorney May be Able to Help
The statute of limitations for filing a civil lawsuit in New York. Personal injury claims, including pedestrian accidents, must be filed within three years of the date of the accident, or the court may dismiss it completely. This means that contacting an attorney as soon as possible could be advantageous.
Your legal advisor can review police reports, witness statements, photos of the accident, and your account of what happened to build a case that will get you the money you need to rebuild your life. Contact a Huntington pedestrian accident lawyer for your free consultation.