The Crown Heights neighborhood is a particularly walkable area in Brooklyn, with wide sidewalks, tree cover on many of the sidewalks to make your walk enjoyable, and mostly lower-speed roads to keep pedestrians safer. However, there are no guard rails or physical barriers to protect pedestrians, and crashes can tragically hurt and kill pedestrians in intersections and when walking along the sidewalk.
If you were involved in a pedestrian accident in Crown Heights, our lawyers can help you get compensation for your injuries. New York’s no-fault car insurance rules often make getting compensation a bit confusing, but our lawyers can analyze your case, walk you through the process, and get you compensation in court if that option is available to help maximize your damages.
Call The Carrion Law Firm today at (718) 841-0083 for a free case evaluation with our Brooklyn, NY pedestrian accident attorneys.
When Can You Sue for a Pedestrian Accident in Crown Heights, Brooklyn?
New York has a no-fault system for car insurance. This insurance system requires all drivers to carry an insurance policy with PIP – personal injury protection – that will kick in and pay for their damages and the damages for anyone else in their car when there is a crash. You cannot sue under this rule – even for pedestrian accidents – unless you meet certain standards first. Our pedestrian accident lawyers discuss these rules below.
What is Covered?
This PIP covers the medical bills and lost wages at certain percentages (and after a deductible limit) without determining who was at fault first. This helps people get compensation faster and does not require them to prove who was at fault like you would have to if you were getting damages from the at-fault driver’s insurance. But how does this apply to pedestrians?
Application to Pedestrians
Pedestrians are not driving a car when the crash occurs, so what do car insurance rules have to do with them? A driver’s no-fault PIP insurance covers any “covered person,” which is defined under I.S.C. Law § 5012(j) to include pedestrians injured in a crash.
Including pedestrians in this rule means that the driver who hit you needs to use their insurance to cover you, all without determining fault.
Ability to Sue
Because you are covered under the driver’s no-fault policy, you also cannot sue unless you meet certain requirements. PIP covers only “basic economic loss,” meaning only economic damages (medical bills, lost wages) covered up to a certain value.
Under a PIP policy, you cannot sue for anything above and beyond these damages – such as pain and suffering – unless you meet the “serious injury threshold” first. Under § 5102(d), this is defined to mean permanent injuries, loss of function, lost body parts, loss of a fetus, or death. It can also include a broken bone, which expands this definition quite a bit. Additionally, any injury expected to keep you out of action for 90 of the 180 days after the crash also qualifies, even if the injury is not “permanent.”
Only when you meet this requirement can you sue for your injuries in a pedestrian accident.
Damages for Injured Pedestrians in Crown Heights, NY
As mentioned above, PIP should cover certain medical expenses and lost wages, but these all have caps on them and are subject to payment of a deductible as well as a percentage of coverage – meaning you will not get 100% of them paid in the first place. In addition, PIP blocks pain and suffering damages. But if you are able to take your case to court, you can claim 100% of all of these damages, plus more.
Medical Bills
The cost of medical care for serious injuries after a pedestrian crash can be quite high. Traumatic brain injuries, internal injuries, and even broken bones can require surgery and follow-up appointments, as well as the potential for ongoing physical therapy needs. All of these damages should be claimed in a lawsuit.
All kinds of care costs should be covered, including mental health costs.
Lost Wages
An accident that keeps you from working during your recovery will mean lost wages at work. An injury that gives you an ongoing disability might mean lost earnings for years to come or even retirement from the workforce altogether. Any loss in earnings or future earnings should be covered in a proper lawsuit or settlement.
If you have already returned to work at full capacity, calculations should not be too difficult. However, if you will lose money going forward, projecting how much might require expert testimony.
Other Economic Damages
Other expenses arise because of a crash, such as property damage you suffered when you were hit, childcare costs while you are in the hospital, services you need help with at home while recovering, and other expenses. These should also be claimed in your lawsuit as consequences of the accident.
Make sure to have our lawyers assess these costs, as there are often small things that really add up that injury victims might not think to include in their claim.
Non-Economic Damages/Pain and Suffering
Pain and suffering damages – and “non-economic damages” more broadly – can be claimed in a lawsuit but not a car insurance claim. These damages cover the intangible harms you face in an accident, such as emotional distress and the physical pain itself. These damages can often be quite high, potentially even a multiple of the economic damages in your case.
Punitive Damages
Punitive damages do not pay you back but are instead assessed on top of your other damages to punish the defendant for how bad their actions were. These damages are usually only available when the defendant’s mistakes go above and beyond a mere “accident,” and they are often assessed against transportation companies and commercial drivers putting business above safety or against drunk drivers, street racers, and other people whose reckless actions could risk pedestrians’ lives.
Call Our Pedestrian Accident Attorneys in Crown Heights, Brooklyn Today
Call (718) 841-0083 for a free case examination by our pedestrian accident lawyers from The Carrion Law Firm.