Pedestrian accidents are some of the most likely to cause serious injury, as the victim has no car or airbags to protect them from impact. If you were hit by a car, you could be entitled to sue the driver who hit you – but complex no-fault laws could limit your rights.
For help getting the damages you need, work with a Utica pedestrian accident lawyer. Our attorneys can help you collect evidence, determine if your case meets the threshold for a lawsuit, and file the case in court. We can also help determine how much your case is worth to help you avoid a low settlement that fails to meet your needs.
For a free case review, call The Carrion Law Firm’s Utica pedestrian accident lawyers today. Our phone number is (718) 841-0083.
Collecting Evidence for a Pedestrian Accident Case in Utica
If you were hit by a car, you might not be well enough to stay at the scene and collect any evidence. If that is the case, go to the hospital and get the medical care you need. Your health and recovery are the most important things to focus on after the crash.
If you are able to stay at the scene, you can begin collecting evidence to help prove your case. Take photos of the vehicle that hit you, get the driver’s contact information and insurance information, and talk to any witnesses that might have seen what happened. Get their contact info as well so our Utica pedestrian accident lawyers can contact them as potential witnesses.
You should also call 911 and report the accident. Even if you weren’t driving a car, you should still report all accidents to the police. At the same time, you can call for an ambulance.
The responding police officer will create a police report that will provide a lot of useful information about the accident. It will also act as a good substitute if you have to go straight to the hospital and cannot collect evidence on your own. Our attorneys can help you get a copy of the police report in your case.
Lawsuits and No-Fault Rules in Pedestrian Accident Cases in Utica, NY
Throughout New York, drivers must use a no-fault insurance system. This might seem to only affect drivers and people with car insurance, but in fact, it puts limits and restrictions on almost anyone injured in an auto accident.
Whose Insurance Covers?
Pedestrians (as well as cyclists) are covered by the no-fault insurance policy of the driver who hit them. This PIP insurance (personal injury protection) pays damages for medical bills and lost wages regardless of who caused the crash. When it comes to crashes between a driver and a pedestrian, the accident is likely the driver’s fault – and their PIP should pay for some of your medical bills and lost wages right away.
Non-Economic Damages Not Covered
However, these damages might not cover your case in full. The damages paid will likely be lower than the full value, as these policies need to cover only a portion of the total damages. Additionally, damages for non-economic damages like pain and suffering are not paid at all.
Suing for Damages
To get the full value of your case paid, you should contact our Utica pedestrian accident lawyers and try to take your case to court. However, lawsuits are blocked unless your case meets a certain level of injury. To meet this “serious injury” threshold, you must have injuries that are permanent, involve loss of a body part, or result in disabilities lasting for at least 90 of the next 180 days. A broken bone is also usually sufficient to meet this threshold, and lawsuits can also be filed for the death of a loved one or the loss of a fetus in a pedestrian accident.
When you file your case in court, your Utica pedestrian accident lawyers can request that all damages be covered in full. The at-fault driver and their insurance company will be responsible for the payments that the judge and jury order.
Calculating Damages in Your Pedestrian Accident Case in Utica, NY
It is important to review your case with an experienced Utica pedestrian accident lawyer to avoid having the value of your case undercut by the insurance companies. Many times, it is difficult to know without years of legal experience what damages you can claim and what your case is ultimately worth.
Property Damage
In any accident, there is usually some property damage. In most car crashes, the damage to your vehicle can be claimed, but pedestrians obviously have no vehicle involved in the crash. However, you can still claim damages for other property that was damaged, such as cell phones or laptops you might have been carrying, as well as things like clothing that had to be cut off of you at the hospital.
Medical Bills
Injuries often lead to quite expensive medical bills. Getting your injuries treated at the hospital could cost more than you have, and it should not be your responsibility to pay for the bills that the at-fault driver caused. Our Utica pedestrian accident lawyers will fight to get these damages covered in a lawsuit.
Lost Wages
If your injuries make it hard to return to work or prevent you from making the same wages you used to, you can claim compensation for those lost wages. These damages can include payments for the income you lost while recovering as well as ongoing lost earnings.
Pain and Suffering
One of the most important areas of compensation will be pain and suffering damages. These are not for the expenses related to your injuries but rather for the pain itself, the mental anguish of an injury, the emotional distress of being injured, and the other intangible harms the trauma caused you. These damages are not paid in most car insurance claims, so talk to your lawyer about a lawsuit.
Call Our Utica Pedestrian Accident Lawyers Today
For a free review of your case, call the Utica pedestrian accident attorneys at The Carrion Law Firm today. Contact us at (718) 841-0083.