Pedestrian accidents often result in road rash, fractures, and other painful injuries for victims. Let us review your recent accident to see if you can file a lawsuit, how much compensation you can recover, and what it takes to get deserved damages. Though many cases settle, some go to court, and we can prepare you for either scenario.
We need evidence to get good settlements or prove fault at trial, such as eyewitness statements, photos, videos, and medical records. New York does not cap damages, so you may get full compensation for all medical bills, missed wages, and non-economic damages. Your case can also cover future damages, which we will include in our calculations.
For a free case assessment from The Carrion Law Firm, call our pedestrian accident lawyers at (718) 841-0083.
Common Pedestrian Accident Scenarios in Brooklyn
With so many pedestrians on sidewalks and crossing streets in Brooklyn and so many drivers rushing to get to their destinations, accidents happen fairly frequently.
Negligent drivers might strike pedestrians in parking lots, while they are crossing the street, or even when they are walking on sidewalks. Ignoring a pedestrian’s right of way might lead to accidents in intersections, which are especially dangerous.
Drivers might hit pedestrians because they are drunk, fail to use their headlights at night, are speeding, or are otherwise being reckless.
Pedestrians often suffer road rash, fractures, and other painful injuries when negligent drivers hit them, and they should get medical attention right away.
Should You Call the Police for a Pedestrian Accident?
You should call the police after any car accident, especially if you are injured as a pedestrian. Negligent drivers might even flee accident scenes after striking pedestrians, and involving the police can help you track us down.
V.A.T. Law § 600(2) makes reporting to the police mandatory for any auto accident that ends in injury. When you call the police, tell the 911 operator if you are injured and need medical attention. Paramedics may arrive alongside police officers to give you care at the scene.
Officers can document the accident in a crash report, parts of which are admissible evidence in New York injury lawsuits. We can retrieve this report from the New York Police Department soon afterward and see how it helps your case.
Can You Sue for a Pedestrian Accident in Brooklyn?
Whether or not you can sue for a pedestrian accident depends on your injuries. New York is a no-fault state for auto accidents, which includes pedestrian accidents. If a car hits you, your personal injury protection insurance is your first option for compensation. Only if you pass the serious injury threshold may you file a lawsuit, which can include non-economic damages.
Pedestrians have nothing to protect them from cars and might suffer bad injuries. Getting pinned beneath or between vehicles might cause crushing injuries, colliding with the pavement might cause a traumatic brain injury, and any bad pedestrian accident might be fatal.
Because of this, many victims suffer “serious” injuries, making them qualified to sue for non-economic damages. The following injuries automatically let victims file lawsuits after pedestrian accidents:
- Miscarriage
- Fracture
- Dismemberment
- Significant disfigurement
- Permanent loss of use of a body member, organ, system, or function
- Permanent consequential limitation of use of a body member or organ
- Significant limitation of use of a body system or function
- Death
Also, any injury that prevents you from performing material daily acts for at least 90 of the first 180 days after an accident qualifies as a “serious” injury in New York.
Does New York Cap Damages in Pedestrian Accident Lawsuits?
New York does not cap compensatory damages in pedestrian accident lawsuits. Your recovery should reflect your actual losses, no matter how great they are. Let us calculate, prove, and recover damages during your lawsuit.
Not imposing limits on compensation does not guarantee a fair recovery for victims. You need to prove your damages, which our lawyers can do using hospital bills, financial records, and other documentation. We will add up medical damages, lost wages, and miscellaneous expenses from an accident so you know how much you deserve.
Proving non-economic damages may require your testimony during a trial.
What Evidence Helps Win Pedestrian Accident Lawsuits?
Let us collect the evidence you need to win your pedestrian accident lawsuit. The sooner our pedestrian accident lawyers begin, the better, as some evidence might degrade with time.
Eyewitness Statements
If you notice eyewitnesses to your recent pedestrian accident, try to get their contact information. This makes it easier for us to get in touch to schedule interviews. If you could not talk to eyewitnesses, the police report may identify them.
When eyewitnesses testify, they can confirm that the defendant was negligent and that they did nothing wrong. According to C.V.P. Law § 1411, the court can lower damages if a plaintiff shares fault with the defendant, and eyewitnesses can undermine such arguments from the defense.
We must interview eyewitnesses quickly so they do not forget important details about the defendant’s conduct.
Victim Testimony
Your testimony is also valuable evidence. You can explain the accident’s sequence of events and how the at-fault driver was negligent. You can also describe your pain and suffering and other non-economic damages since the accident.
Injuries are often physically painful and mentally distressing, which are compensable damages, even though they do not have any inherent monetary value. Talking about your reduced quality of life, depression, or other non-economic damages lets the jury better appreciate them and may lead to a larger recovery.
Footage and Photos
Accident photos and videos are other strong evidence. Our pedestrian accident lawyers may get footage from nearby security cameras. Tell us the accident’s location right away, and we can survey the site to see if any local stores or homes have surveillance systems. Even doorbell cameras might film pedestrian accidents and yield good evidence for a lawsuit.
You may photograph your immediate injuries after an accident. If any of your personal property got damaged or thrown around during the collision, photograph that as well. Your injuries might be too severe to take pictures of yourself, and you can ask other witnesses or first responders for help.
You can keep documenting your physical recovery with photos showing the healing progress of burns, lacerations, or other disfiguring injuries.
Medical Records
Hospital records prove when and how you were injured. Go to the hospital right after a pedestrian accident, as you likely have injuries that require some treatment. Even low-speed collisions might cause traumatic brain injuries or death from victims colliding with the hard pavement.
We can obtain all relevant medical records for your case and keep them organized. We will also compile medical bills proving your exact damages from hospitalizations, surgeries, prescription medications, and other treatments.
You build medical evidence by going to the hospital, attending follow-up appointments, and taking your physical recovery seriously.
Should I Settle My Pedestrian Accident Case in Brooklyn?
We will help you decide whether or not to settle your case based on the offers we receive and how negotiations progress. While settling just because you want compensation is understandable, it is not advisable if it leaves damages on the table.
Many lawsuits settle, as defendants and plaintiffs may both want to avoid trials. We respond to poor settlement offers with counters and keep negotiating until offers improve. When preparing your case, we will identify the best negotiation strategies to use and evidence to leverage to yield larger offers.
Sometimes, settling requires too many concessions, in which case we can go to court. You should not have to pay hospital bills or cover other damages from someone else’s negligence, and you can move forward with a trial rather than settling.
We will warn you against accepting a bad settlement, remind you of your claim’s value, and explain your chances of success at trial.
Statute of Limitations for Pedestrian Accident Lawsuits in Brooklyn
As with any personal injury case, you do not have indefinite time to sue for a pedestrian accident. Let us determine your filing deadline and ensure you meet it, as missing the statute of limitations would bar you from getting any compensation.
New York’s statute of limitations for pedestrian accident lawsuits is three years, according to § 214(5). Exceptions rarely apply to these claims unless the defendant is an out-of-state driver, in which case the statute of limitations would pause while the defendant is out of state.
Immediately after an accident, your physical recovery is your main focus. Bad injuries take most of your time and attention for longer, potentially delaying your financial recovery. We can start working on your case right after a collision so you can file and get damages sooner.
Can I Get Punitive Damages from a Pedestrian Accident Lawsuit?
You may get punitive damages if the defendant acted with malice or willful and wanton disregard for your safety. One of the most common examples of this is drunk driving accidents in Brooklyn.
Drunk driving is considered extremely reckless. Being intoxicated seriously reduces one’s reaction time and ability to make good decisions. Drunk drivers might fall asleep behind the wheel, speed, drive onto sidewalks, ignore pedestrians’ right of way, and otherwise be reckless.
New York does not cap punitive damages, meaning you may get a large sum from a jury award. Courts use punitive damages to punish defendants, which they cannot do if a case settles out of court. Suppose you are eligible for punitive damages based on the defendant’s conduct. In that case, we can specifically request them when we file the lawsuit.
Will My Brooklyn Pedestrian Accident Lawsuit Cover Future Damages?
Some injuries last longer than others, and some never fully heal. If we anticipate you incurring future damages, we will seek compensation for them in your lawsuit.
Future damages may come from upcoming medical procedures, ongoing lost wages, and continuous pain and suffering. You must consider future damages when calculating your claim’s value, or you might unknowingly accept a lowball settlement.
Physicians can testify about your injuries and medical records, explaining the additional care you need. We can estimate the cost of these upcoming treatments and will do the same for future lost wages. A permanent injury might forever lower your earning capacity or stop you from working altogether, so do not discount your future lost wages.
Scars, burns, amputations, and other disfiguring pedestrian accident injuries cause life-long pain and suffering. We may have mental health experts assess you, testify about your likely upcoming non-economic damages, and discuss pain and suffering to date.
How Long Can Pedestrian Accident Lawsuits Take?
There is no restriction on how long pedestrian accident lawsuits can take once they are filed. We can estimate how long your case might take and keep you updated on its progress.
Some injury cases settle within a matter of days, while others drag on for months. Stubborn defendants might intentionally extend settlement negotiations so victims feel forced to accept lowball offers. Let us keep asserting your deserved recovery and handle a difficult defendant.
If the case does not settle and goes to trial, it may be over relatively soon. Some trials end in a few short days, especially when injury plaintiffs have strong evidence. Defendants may send settlement offers during trials, which plaintiffs may accept to end their claims.
Call Our Lawyers for Help with Your Pedestrian Accident Case in Brooklyn
Call The Carrion Law Firm at (718) 841-0083 for a free case review from our pedestrian accident lawyers.