Being hit by a negligent driver is often shocking and traumatizing, particularly for pedestrians who might end up seriously injured.
Pedestrian accidents are common in crowded areas like the East Village, especially at night when visibility might be low but pedestrians are still out and about. After being hit by a negligent driver, victims should immediately call the police and report the accident. Pedestrians typically sustain visible and painful injuries that warrant compensation, so documenting the incident with law enforcement and physicians is important. To get damages compensated, you must file your case before the three-year deadline in New York and demonstrate that you pass the serious injury threshold. Victims may get the damages they deserve from settlements or jury awards, depending on the paths their claims take.
For a free assessment of your case from The Carrion Law Firm, call our pedestrian accident lawyers now at (718) 841-0083.
Why Pedestrian Accidents Happen in the East Village
The East Village is busting at all times of the day and night, increasing the risk of negligent drivers hitting pedestrians and causing them serious injuries.
Drivers who ignore stop signs, red lights, or a pedestrian’s right of way could strike them while crossing the street. Drivers are not the only ones who must follow traffic rules, and jaywalking could negatively affect your recovery because of New York’s comparative negligence rules. However, even if a pedestrian was partially negligent when crossing the street, if the driver had ample time to slow down and prevent the collision but failed to, they might be held wholly liable for the victim’s damages.
The risk of pedestrian accidents increases at night when visibility is low. Drivers who do not use headlights or pay attention to their surroundings might fail to see pedestrians in intersections or crosswalks. Negligent drivers who are under the influence of drugs or alcohol might lose control of their vehicles and drive onto sidewalks, hitting pedestrians in the process.
When suing for pedestrian accidents, victims must show how the driver was negligent or what they did to breach their duty of care. To accomplish this, we may interview eyewitnesses who saw the crash unfold or involve accident reconstruction experts in your case if appropriate.
What to Do After a Pedestrian Accident Happens in the East Village
Pedestrians face higher risks of sustaining debilitating or fatal injuries when hit by cars, as they are not protected during the impact. Your top priority after such an accident should be to involve law enforcement and request immediate attention from paramedics.
If you can access your phone to call 911, do so. Otherwise, ask eyewitnesses to call the police. You might be too injured to move from the location where you were hit, but if you can, get to a safe area away from the road and wait for law enforcement to arrive. Tell the police what happened, what the negligent driver did wrong, and if you are injured. Victims rarely leave pedestrian accidents unscathed and might need immediate attention for deep lacerations, road rash, broken bones, head injuries, and spinal cord injuries.
Your medical records should align with the accident’s date and time, so go to the hospital right away. Delaying medical care is inadvisable for pedestrian accident victims, as they may have serious internal or other invisible injuries that need immediate assessment from physicians and specialists.
What Victims Must Do to Get Compensation from Pedestrian Accidents in the East Village
Several things must happen for victims of pedestrian accidents to get compensation, starting with them filing their claims on time. Victims must also prove they are entitled to sue by presenting medical records showing their serious injuries. After filing, victims may get damages through settlements or jury awards.
They Must File on Time
To get economic and non-economic damages in your claim, you must file it before the deadline, which is three years from the incident, according to C.V.P. Law § 214(5). The statute of limitations is strictly enforced, and victims will not have longer to sue unless their claims qualify for tolling exceptions, which is rare and varies from case to case. While you recover from your injuries in the hospital or at home, our pedestrian accident lawyers can gather the necessary evidence and information to write and submit your complaint to the court.
They Must Meet the Serious Injury Threshold
Even when injured as a pedestrian, your personal injury protection insurance covers some of your damages, and you can only sue if you meet certain criteria. New York’s no-fault system for auto accidents aims to reduce the number of lawsuits from collisions, only allowing victims who have sustained serious injuries or incurred a basic economic loss of $50,000 to sue negligent drivers, according to I.S.C. Law § 5104(a). Serious injuries include any that cause death, dismemberment, significant disfigurement, a fracture, loss of a fetus, and several others, including non-permanent injuries that materially affect a victim’s life for at least 90 of the first 180 days after an accident.
They Must Prove Liability or Settle
After we file your case, you may get compensation from a settlement or jury award if your lawsuit goes to trial. Pedestrian accident claims typically settle out of court, and our attorneys can leverage compelling evidence over negligent drivers during negotiations, like eyewitness statements, video footage, and expert testimony.
When lawsuits go to trial, plaintiffs must prove it is more than likely the defendant caused their damages by establishing they owed the plaintiff a duty of care, which they breached, injuring the victim and causing them to incur real damages. We can prepare for the possibility of a trial from the start of your case, so we are ready should you decide to go to court because the opposing side fails to offer a fair settlement.
Call Our Lawyers in the East Village to Get Compensation After an Accident
Call The Carrion Law Firm’s pedestrian accident lawyers at (718) 841-0083 for help with your case today.