Brooklyn Pedestrian Accident Lawyer
Brooklyn is famous for its walkability, and many residents and visitors navigate the city on foot. Unfortunately, pedestrian accidents are a regular occurrence, and people are sometimes seriously hurt.
Pedestrian accidents often happen wherever there is traffic. Intersections, parking lanes, and bike lanes are common locations of pedestrian accidents. If an injured pedestrian has auto insurance, they can use their no-fault personal injury protection (PIP) policy to cover some of their economic damages, such as medical bills. Even if the injured pedestrian does not have their own auto insurance, they can file a claim under the insurance of the driver who hit them. If you file a personal injury lawsuit, you must meet New York’s “serious injury” requirement before moving forward with your case. If successful, you can recover damages related to your economic losses and non-economic injuries.
If you were hit by a car while walking down the street in New York City, our Brooklyn pedestrian accident lawyers can help you get compensation from the negligent driver. For a free case review, call The Carrion Law Firm at (718) 841-0083.
How and Where Pedestrian Accidents Can Happen in Brooklyn
Pedestrian accidents can happen anywhere there is traffic and moving vehicles. In a huge city like New York City, pedestrians are a constant presence, and drivers must take precautions to avoid accidents. Unfortunately, negligent, distracted, or aggressive drivers have a bad habit of violating traffic laws, and pedestrians often get hurt. In such cases, our Brooklyn pedestrian accident attorneys are here to help.
Intersections are very dangerous, and many pedestrian crashes happen there. In many intersections, traffic must stop at a light or sign while pedestrians cross. At others, there are no lights or signs, and drivers must yield to crossing pedestrians. It is, unfortunately, all too common for drivers to ignore signs and signals and continue through the intersection without stopping. Drivers also often misunderstand when they are supposed to yield, mistakenly believing that pedestrians must yield to cars.
Another area where cars are more likely to cause pedestrian accidents are lanes adjacent to traffic. Bike and parking lanes often run right alongside normal lanes of traffic, and pedestrians moving in or out of these lanes might get hit by negligent drivers. For example, a bike messenger locking up their bike or someone exiting their vehicle in the parking lane might be hit by a careless driver.
Insurance Coverage and Pedestrian Accidents in Brooklyn
New York is a no-fault state regarding auto insurance claims. This means that people injured in a car accident can file claims with their own PIP policies that cover various economic damages regardless of who is at fault. Since pedestrians are not the ones behind the wheel during a pedestrian accident, it is normal for people to be unsure how their insurance affects their case. Our Brooklyn pedestrian accident lawyers can help you settle insurance claims in addition to pursuing personal injury lawsuits.
In a car accident, your own PIP insurance can be used to cover economic damages. This applies in all car accidents, including those in which you were a pedestrian rather than another driver. If you have no insurance, as many pedestrians do not have cars, you can file a claim with the other driver’s PIP insurance. Insurance typically covers economic losses, not non-economic ones. This means damages like pain and suffering are not typically compensated by insurance.
In some cases, neither the pedestrian nor the driver has insurance. While it is normal for pedestrians without vehicles to lack insurance, it is illegal for a driver to operate a vehicle while uninsured. If filing an insurance claim is impossible, our Brooklyn pedestrian accident lawyers can help you file a personal injury lawsuit to cover your damages.
Filing a Personal Injury Lawsuit for a Brooklyn Pedestrian Accident
If neither you nor the driver has insurance, you can file a lawsuit. You can also file a lawsuit if your damages were not sufficiently compensated through an insurance claim. If you plan to claim non-economic damages in your lawsuit, you might have to overcome specific legal hurdles before we can file your case. Our Brooklyn pedestrian accident lawyers can assist you in getting legal compensation.
According to I.S.C. Law § 5104(a), you must prove you have a serious injury if you want to file a personal injury lawsuit for non-economic damages. Non-economic damages include physical pain, mental suffering, humiliation, and more.
Under I.S.C. Law § 5102(d), a serious injury includes any of the following injuries:
- Significant disfigurement
- Broken bones
- Loss of a fetus
- Permanent loss or limitation of a bodily organ, function, or system
- Any other medically determined, non-permanent injury that prevents you from doing substantially all normal tasks of daily living
Damages You May Recover in a Brooklyn Pedestrian Accident Case
Pedestrian accidents are often very severe for pedestrians, but not so much for drivers. It is not uncommon for pedestrians to suffer catastrophic injuries while drivers are largely unharmed. As such, pedestrian accident victims often deal with costly expenses, and their damages may be very high in a personal injury lawsuit.
Economic damages are related to losses and injuries that cost money. Perhaps the biggest source of economic damages in pedestrian accident cases is medical bills. Pedestrians are often very badly injured in these accidents, and expensive medical bills are common. Pedestrians can also claim the value of any lost or destroyed personal property and lost income from missing work due to their injuries.
Non-economic damages are harder to pin down because they do not come at a financial cost. Non-economic damages refer to the painful experiences injured pedestrians endure during and after the accident. Physical pain and mental suffering are often severe in pedestrian accidents. Additionally, you can claim other damages like humiliation or a loss of enjoyment of life.
Call Our Brooklyn Pedestrian Accident Lawyers for a Free Case Evaluation
If you are an injured pedestrian, the driver who hit you should be held accountable and made to compensate your severe injuries. Our Brooklyn car accident lawyers can help you take legal action to get justice. For a free case evaluation, call The Carrion Law Firm at (718) 841-0083.