Rockaway Beach Pedestrian Accident Lawyer
Because Rockaway Beach is so close to the ocean, pedestrian traffic is especially heavy compared to other parts of the state. Unfortunately, the popularity of this beach town means there are frequently collisions between cars and people walking near or across roadways. Even worse, the challenge of establishing legal fault, as well as state law and court precedent, may hinder an injured pedestrian’s pursuit of compensation after an accident.
Fortunately, a seasoned Rockaway Beach pedestrian accident lawyer is available who knows how to handle cases like yours proactively and effectively. From the beginning to the end of your insurance negotiations, settlement talks, or, if necessary, civil litigation, a dedicated personal injury attorney could be invaluable to getting the compensation you deserve.
Legal Options for Recovery After a Pedestrian Accident
The “no-fault” approach that the state of New York takes toward auto insurance and personal injury litigation means it is not always necessary—or even possible—to sue someone after an accident. Anyone who suffers minor injuries after a pedestrian accident in Rockaway Beach can only seek restitution through their own motor vehicle insurance or the insurance of the person who hit them.
However, if a pedestrian crash leaves someone with a “serious injury” expected to cause long-term disability or disfigurement, they have the right to file suit. Through civil litigation, injured pedestrians could seek more comprehensive compensation from anyone they can prove was legally “negligent.” These claims require evidence that someone suffered severe physical harm as a direct result of their named defendant’s reckless actions. For example, a civil court may find motorists liable for an accident if they violated a traffic law or were not paying attention to pedestrians in a crosswalk. A local Rockaway Beach attorney could assess the cause of a pedestrian accident and help gather evidence demonstrating why another motorist should be liable for it.
Possible Obstacles to Receiving Compensation
Additional restrictions may pose challenges to injured pedestrians seeking compensation for their losses through a lawsuit. New York Civil Practice Law & Rules § 214 establishes a three-year filing period for injury cases that begins the date the accident happened. Trying to file suit after this period passes will almost always lead to courts dismissing the prospective case.
Furthermore, courts can assign pedestrians a percentage of fault for their accident-related injuries. As per New York Practice Law & Rules § 1411, courts can reduce the total amount of compensation available to a plaintiff in proportion to their share of fault. A pedestrian could be found liable for an accident if they ran out into traffic or entered a crosswalk without the proper signal. When an injured pedestrian wants to file suit, they should call on an experienced accident attorney in Rockaway Beach who understands comparative fault and could help build a strong case within filing deadlines.
Get in Touch With a Rockaway Beach Pedestrian Accident Attorney
Pedestrians do not have a vehicle protecting them and are vulnerable to the most devastating consequences if an accident occurs. Whether you are trying to obtain compensation through insurance claims, a civil lawsuit, or both, getting reimbursed fairly for your injuries and losses can be challenging. Regardless, guidance from experienced legal counsel could make all the difference in how your injury case plays out and whether it has a favorable resolution.
A Rockaway Beach pedestrian accident lawyer could provide the support you need to get the compensation you deserve. Call us today to learn more.
