Flushing Pedestrian Accident Lawyer
When a pedestrian is struck by a moving vehicle, they are often very badly hurt and might incur significant damages they cannot afford. An attorney can help sue the negligent driver and get compensation to cover the damages.
Pedestrian accidents are more common than people realize. Crosswalks, parking lots, and even sidewalks are common areas for pedestrian crashes, often because of driver negligence. Taking legal action after a pedestrian accident is somewhat complicated. New York is a no-fault insurance state, and injured pedestrians might be covered by the driver’s personal injury protection (PIP) insurance. On top of that, filing a lawsuit might only be possible if you suffered a “serious injury” as defined by law. If you file a lawsuit, the driver of the car that hit you or multiple drivers might be held liable. An attorney can help you through the insurance process and determine if you can sue, assess damages, and find evidence to prove your claims.
If you were injured in a pedestrian accident, our Flushing pedestrian accident lawyers can assist you in your fight for justice. Call The Carrion Law Firm at (718) 841-0083 for a free review of your case.
How Pedestrian Accidents Can Happen in Flushing
Pedestrian accidents might occur anywhere pedestrians are near roads, highways, or vehicle traffic. One very common place for pedestrian accidents is a crosswalk. At some intersections, crosswalks come with light signals for both pedestrians and drivers. At other locations, there are no lights, and drivers must yield to pedestrians when they enter the crosswalk. In either scenario, drivers might fail to yield, and pedestrians might get badly hurt.
Parking lots are also high-risk areas for pedestrians. Parking lots are often full of vehicles trying to enter or exit the lot and pedestrians walking to or from their cars. As such, pedestrians are often hit by drivers who are not paying attention or are in a hurry. To make matters worse, drivers tend to be less cautious in parking lots because they move slower and are off the main roads. Our Flushing pedestrian accident attorneys are familiar with various pedestrian crashes and can help determine what causes yours.
In some cases, pedestrians are struck by cars on sidewalks, even though drivers are usually not permitted on sidewalks. This might happen because the driver loses control of the vehicle. On icy roads, drivers might lose control if they hit a patch of black ice while going too fast. In other cases, the driver is distracted or hits a pedestrian while making a very tight turn.
Taking Legal Action After a Pedestrian Accident in Flushing
Taking legal action after a pedestrian accident can be complicated, even at the best of times. New York is a no-fault insurance state, which means people who carry auto insurance file claims with their own insurance providers and may be compensated without needing to prove who was at fault. All drivers are required by law to have auto insurance, and all New York drivers operate under the no-fault system.
Under the law, a pedestrian may be covered by auto insurance even though they were not driving. The fact that just one vehicle was involved is enough to trigger insurance. As a pedestrian, the driver’s PIP insurance should cover you.
Under I.S.C. § 5104(a), accident victims cannot file a lawsuit for damages unless they can prove they experienced a “serious injury.” A serious injury is defined under I.S.C. Law § 5102(d) and includes the following injures:
- Dismemberment
- Death
- Significant scarring or disfigurement
- Broken bones
- Loss of a fetus
- Permanent limitation or loss of a bodily organ, system, or function
- Any medically determined injury that prevents you from doing substantially all your normal daily tasks for at least 90 out of 180 days
You need a serious injury to file a lawsuit. If your injuries do not meet the legal definition of a serious injury, your compensation is limited to whatever is covered by insurance. Our Flushing pedestrian accident attorneys can help you prove your injuries are serious and file a lawsuit for damages.
Liability for Flushing Pedestrian Accidents
If you can file a lawsuit, you need to determine who should be named in your case. Many pedestrian accidents involve one pedestrian and one driver, so naming the appropriate defendant is a bit simpler. However, many other accident cases involve more parties. For example, several drivers might have behaved negligently, and their actions came together to create the accident. In that case, multiple drivers might be named as defendants.
Multiple drivers might be held responsible for a pedestrian accident even if only one driver actually struck the pedestrian. For example, suppose one driver merges without using a signal, and the driver behind them must stop short because they were speeding. Next, suppose the driver who stopped short had to swerve to avoid rear-ending the first driver and ran up onto a sidewalk, hitting a pedestrian. The pedestrian can sue both rivers for causing the accident even though only one driver actually hit the pedestrian.
How an Attorney Can Help Your Flushing Pedestrian Accident Case
Many injured pedestrians are unsure about hiring an attorney. Retaining legal counsel is a big step, but our Flushing pedestrian accident attorneys should have the skills and experience to put your mind at ease and help cover your damages.
Because of New York’s insurance laws, filing a lawsuit after being hit by a car is difficult. Our Flushing pedestrian accident lawyers can help you navigate the insurance process and determine if you have a serious injury that would allow you to file a lawsuit.
An attorney can also help you assess damages. Damages may encompass economic losses like medical bills and non-economic damage like pain and suffering. The tricky part about damages is making sure you have a thorough record of all your losses so that no compensation is missed.
To prove your claims and get compensation, you need evidence. Gathering evidence can sometimes feel overwhelming since evidence might look like anything or come from anywhere, depending on your case. An attorney should know where to look and how to obtain it so you can get compensation.
Call Our Flushing Pedestrian Accident Lawyers for Help Now
Being hit by a car is often a painful and traumatic experience. Meanwhile, drivers are often unharmed. Our Flushing pedestrian accident lawyers can help you hold negligent drivers responsible for the pain they caused. For a free case review, call The Carrion Law Firm at (718) 841-0083.