Westbury Pedestrian Accident Lawyer
Walking to get from place to place is an integral part of urban life. However, being injured in a pedestrian accident is a risk every commuter faces when traveling on foot. These kinds of accidents can leave a pedestrian with severe injuries.
Dealing with insurance companies, resolving legal disputes, and seeking adequate compensation can be overwhelming without the help of an experienced personal injury attorney who could examine your case and help you obtain monetary recovery. With the assistance of a skilled Westbury pedestrian accident lawyer, you could minimize the stress of fighting your legal battles.
Proving Negligence in a Pedestrian Accident Case
An injured pedestrian must prove several things in order to establish that an at-fault party’s negligence caused their accident. For example, a claimant would need to show that a negligent motor vehicle operator owed a legal duty of care to protect them from foreseeable harm. It is also imperative to prove that the driver breached their obligation and subsequently caused the plaintiff’s injuries. Finally, a plaintiff must have suffered an actual loss as a result of the defendant’s negligent conduct in order to be successful in a civil suit.
Duty of Care
All licensed drivers are required by law to operate their vehicles as a reasonably prudent driver would do so under similar circumstances. For instance, driving at 90 miles per hour during a snowstorm and causing an accident could form the basis of a successful personal injury claim.
Motor vehicle operators must also abide by traffic laws. Failing to obey a stop sign, texting while driving, running a red light, driving while under the influence, or simply driving over the speed limit could constitute negligence if someone is injured as a result. Failure to operate a vehicle safely and observe traffic laws could be considered a breach of a driver’s legal duty of care. A dedicated Westbury pedestrian accident attorney could help determine whether a driver’s actions before a collision form a valid cause of action for an injured claimant.
Pedestrian Accident Insurance Claims in Westbury
As an injury attorney could further explain, pedestrian accident cases in Westbury must adhere to state no-fault laws. These rules allow pedestrians injured by the impact of a car to file a claim with the at-fault driver’s insurance company to recover economic damages such as medical bills and lost wages. These damages are subject to the driver’s personal injury protection coverage. Injured pedestrians may also seek compensation under their own insurance depending on their policies.
Pedestrians may pursue litigation against a negligent driver as long as they meet the state’s serious injury threshold as defined by Insurance Law § 5102(d). They have the right to pursue a personal injury claim against an at-fault motor vehicle operator. New York Civil Practice Law and Rules § 214 gives plaintiffs three years from the date of the accident to file a civil claim for damages.
Plaintiffs may pursue economic, non-economic, and punitive damages against a responsible driver. Although, punitive damages will only be awarded under specific circumstances involving willful or wanton disregard of other’s rights. Economic damages include medical bills or lost wages that were not covered under the at-fault driver’s insurance.
Personal injury lawsuits also give injured pedestrians the opportunity to recover non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. These damages are not recoverable under no-fault insurance, so it may be best to retain a knowledgeable pedestrian accident lawyer in Westbury for help with obtaining maximum compensation.
How a Westbury Pedestrian Accident Attorney Could Help
Experiencing the physical, financial mental hardships that accompany a pedestrian accident may be discouraging. By enlisting the help of professional legal assistance from a Westbury pedestrian accident lawyer, you may be able to hold a negligent driver responsible for causing your injuries. Start exploring your options and schedule a consultation today.