Drivers must be cautious on the road to avoid collisions with other vehicles and pedestrians. When drivers are negligent, pedestrians might be severely injured.

Pedestrian accidents may occur anywhere that vehicles and pedestrians tend to travel. For example, crosswalks, sidewalks, and parking lots are common locations for pedestrian accidents. Many of these accidents occur because drivers are not paying attention. An injured pedestrian may file a claim with the driver’s no-fault insurance policy without having to prove fault. If they wish to file a lawsuit, they must meet the serious injury requirement set by New York law. In a lawsuit, an injured pedestrian can hold one or multiple drivers liable. To prove the driver was negligent, we need evidence. Evidence might include photos, security camera footage, and testimony from eyewitnesses.

Call our Oyster Bay pedestrian accident lawyers immediately if a negligent driver hits you. For a free case review with our team, call The Carrion Law Firm at (631) 910-7493.

How Pedestrian Accidents Can Happen in Oyster Bay

Pedestrian accidents are dangerous because they might happen anywhere cars and pedestrians cross paths. Although both parties must be careful, drivers arguably bear a higher degree of responsibility. A negligent driver could cost a pedestrian their life. Our Oyster Bay pedestrian accident lawyers can help you sue negligent drivers for the injuries they caused.

Crosswalks are high-risk zones for pedestrians, and accidents have been known to happen. At many crosswalks, drivers are required to yield to pedestrians. Unfortunately, if a driver is distracted or driving in a negligent or unsafe way, they might not stop. In some cases, drivers mistakenly believe that pedestrians are responsible for yielding and refuse to stop even when the pedestrian enters the crosswalk.

Sidewalks can also be dangerous, even though drivers are not supposed to be there. Sometimes, drivers lose control of their vehicles and run up on sidewalks, injuring one or multiple pedestrians. The cause of the crash might be poor road conditions, or perhaps the driver suddenly swerved to avoid a pothole or another vehicle. Drivers with alcohol in their system also tend to lose control of their vehicles, and pedestrians are at serious risk of injury.

Although they might not seem very dangerous, parking lots are common places for pedestrian accidents. Often, drivers have their guard down because they are technically not on the road and are driving slower in a parking lot. However, if drivers are not mindful of pedestrians walking through the lot, they might hit someone. Drivers also sometimes speed into parking lots from the road, creating a serious risk for pedestrians.

Liability for Oyster Bay Pedestrian Accidents

Injured pedestrians may sue the negligent drivers who caused the crash, but they must first overcome a few legal hurdles. The driver’s no-fault personal injury protection (PIP) insurance should cover the accident, including your damages. If an injured pedestrian has auto insurance with a higher policy limit, they may file a claim and get more economic damages covered. If they also wish to file a lawsuit, they must meet the “serious injury” requirement. Our Oyster Bay pedestrian accident lawyers can help you work through an insurance claim and file a lawsuit against the negligent driver.

New York is a no-fault insurance state. This means that people involved in car accidents must file claims with their own no-fault insurance policies. No-fault insurance covers multiple facets of an accident, including injured pedestrians. This means the driver’s no-fault insurance should cover your damages, but you may seek coverage from your own insurance if you have a higher PIP limit. Since insurance often only covers economic damages, and claims are restricted by policy limits, lawsuits are sometimes needed to make up for other damages.

Under I.S.C. Law § 5104(a), you may only file a lawsuit if your injury is considered a serious injury. A serious injury is defined under I.S.C. Law § 5102(d) and includes any of the following:

• Death
• Significant disfigurement
• Dismemberment
• Loss of a fetus
• Broken bones
• Limited or permanent loss of the use of an organ, limb, or bodily function
• A non-permanent injury that prevents you from doing most of your normal daily tasks

Since pedestrian accidents are often severe, you can likely prove you meet the serious injury requirement. Once past this hurdle, we can focus on who we believe is responsible for the crash. Often, injured plaintiffs sue one or multiple drivers who contributed to the crash. In some cases, lawsuits are delayed because the driver fled the scene. We may need to rely on a police investigation to identify the driver and then wait a bit longer for a possible criminal case to be completed.

Evidence You Need to Prove Liability for a Pedestrian Accident in Oyster Bay

Almost anything may be considered evidence as long as it is relevant to your case and tends to show that the defendant is or is not responsible for the crash. As such, many pieces of evidence will be unique to your situation. Even so, some pieces of evidence are common throughout many cases, and our Oyster Bay pedestrian accident lawyers can help you find them.

If you can, take as many photos as possible after being injured. These photos may preserve important details that we can use to prove the defendant was negligent and should be held liable. For example, your photos might capture weather and road conditions showing the defendant had good driving conditions. This could be important if the defendant claims the road or weather conditions are to blame for the crash.

There might be security cameras in the area, depending on where you were hurt. If the accident happened in front of a business or a high-traffic area, there might be security cameras or traffic cameras that recorded the crash on video. These videos might be very convincing to a jury, and we need to review this footage as soon as possible.

Accidents are not usually isolated events, and several people likely saw your accident. You should exchange information with anybody nearby so we can contact them about providing testimony as a witness.

Call Our Oyster Bay Pedestrian Accident Lawyers for Help

Having a driver’s license does not automatically make you a good driver. Many pedestrians are injured because of negligent drivers with no business behind the wheel. Call our Oyster Bay pedestrian accident attorneys about a free case review today. Call The Carrion Law Firm at (631) 910-7493.