Foot traffic is common in Hempstead and the rest of Long Island, but negligent drivers can make it very dangerous. If you were injured in a pedestrian accident, we can assist you in getting financial compensation.
Pedestrian accidents frequently occur in crosswalks, parking areas, and sidewalks. Anywhere pedestrians are walking near vehicle traffic is a potential accident zone. If a negligent driver strikes you, your first course of action might be to file an insurance claim. Under New York’s no-fault insurance system, drivers tend to be covered by their own personal injury protection (PIP) insurance, although pedestrians might be covered by the driver’s insurance too. You can file a lawsuit only if you meet the state’s requirements for serious injuries. Many people file insurance claims and lawsuits to recover the full extent of their damages, including economic and non-economic losses and injuries.
For an evaluation of your case with our pedestrian accident lawyers free of charge, call The Carrion Law Firm at (631) 910-7493.
Where Pedestrian Accidents Often Occur in Hempstead
Pedestrian accidents are incredibly dangerous for pedestrians, while drivers often escape largely unscathed. Our pedestrian accident attorneys can assist you with your case and help you get compensation. Crosswalks are especially dangerous because they allow pedestrians to cross busy lanes of traffic. If drivers are not paying attention, drive too fast, or do not stop, they might strike a pedestrian in a crosswalk.
Drivers tend to relax a bit when driving in parking areas like parking lots and garages, but the risk of a pedestrian accident is high. Parking areas often have pedestrians walking while other drivers enter and exit the lot or garage. Since vehicles usually move a bit slower in parking zones, drivers tend to let their guard down, and they might inadvertently hit a pedestrian. Even at slower speeds, a pedestrian might be badly hurt.
Sidewalks and curbs are other risky areas, even though vehicles are not normally permitted to drive there. If a driver drifts too close to the sidewalk, they could slip a pedestrian waking by the curb. Alternatively, if drivers turn too sharply, they might hit a pedestrian on the corner.
How to Submit an Insurance Claim for a Hempstead Pedestrian Accident
New York insurance laws operate under a no-fault system, meaning people injured in car accidents must file no-fault claims through their own insurance. Drivers are required to carry personal injury protection (PIP) insurance that covers them regardless of who is to blame for the accident.
Under this system, you can submit an insurance claim through your own PIP insurance rather than filing a third-party claim. Another advantage of this system is that you do not have to prove fault to be covered. Your PIP insurance should cover you even if you are partly to blame for the collision.
The situation is sometimes complicated with pedestrian accidents because some pedestrians might have their own auto insurance that covers them while others do not. Injured pedestrians may also be covered by the driver’s insurance. This is helpful in cases where the injured pedestrian does not have auto insurance.
Filing a Lawsuit After a Pedestrian Accident in Hempstead
Suing for a pedestrian accident in the State of New York is somewhat complicated compared to other kinds of cases and lawsuits. Under I.S.C. Law § 5104(a), a covered person, including pedestrians, cannot file a lawsuit unless they experienced a serious injury. Serious injuries are legally defined under I.S.C. Law § 5102(d). They include death, significant disfigurement, dismemberment, loss of an unborn child, permanent loss or limitation of an organ, body part, or bodily system, or an injury that prevents you from doing normal daily tasks for at least 90 days out of the 180 days following the accident.
If you meet the serious injury requirement, our personal injury attorneys can help you file a lawsuit for damages. The upside to a lawsuit is that you might be able to recover damages that are typically unavailable in insurance claims. Non-economic damages like pain and suffering are often not provided for through insurance, but they are up for grabs when you sue.
Many plaintiffs end up filing both an insurance claim and a lawsuit. While you might file one or the other, filing both helps many plaintiffs get the full extent of their damages paid for. As mentioned before, insurance might not pay for non-economic injuries like pain and suffering. Even worse, the insurance company could deny your claim or try to reduce your payment. A lawsuit can help pick up the slack where an insurance claim fell short.
Securing Damages for a Pedestrian Accident in Hempstead
Damages are the foundation of the compensation we are fighting for, and our pedestrian accident attorneys will carefully assess your damages to maximize compensation. Compensatory damages are designed for plaintiffs to recoup losses for their injuries, both economic and non-economic.
Economic damages involve financial losses you incurred as a direct result of the crash. Medical expenses are a very prominent form of economic damages. You might also claim the value of lost income if you missed work because of your injuries. If your bike was damaged, you can also claim the value of your bicycle.
Non-economic damages reflect your negative experiences and are unrelated to money. Assessing these damages is often problematic because they are very subjective. You might claim pain from your injuries, mental or emotional trauma, humiliation, damage to your reputation, and other negative experiences directly related to the accident. In the end, the jury decides how much these injuries are worth.
Contact Our Hempstead Pedestrian Accident Lawyers Now
For a free case evaluation, call our pedestrian accident lawyers at The Carrion Law Firm at (631) 910-7493.