Huntington Pedestrian Accident Lawyer
A careless driver is every pedestrian’s worst nightmare. While drivers might not sustain much damage in an accident, the pedestrian they hit will likely be badly hurt. If an errant driver hits you, call a lawyer for help immediately.
In many pedestrian accident cases, the drivers are often deemed at fault for the collision. Even so, you should seek help from a lawyer. Proving your damages might be challenging, especially if evidence of the crash is sparse. Your lawyer can help you take stock of monetary costs, mental distress, and painful experience to calculate your damages. Your damages directly influence the value of potential compensation, so nothing should be overlooked. Insurance might be available to you after an accident, although it is sometimes insufficient, and a lawsuit might be necessary to recover the full extent of your damages. An attorney can help you use evidence combined with effective legal strategies to prove your claims, secure justice, and get you the compensation you rightly deserve.
Please speak to our pedestrian accident attorneys about your claims in a free case review by calling The Carrion Law Firm at (631) 910-7493.
Liability in Huntington Pedestrian Accident Cases
Drivers are often held responsible in pedestrian accident cases. In many circumstances, drivers are expected to stop for pedestrians, not the other way around. As such, drivers are commonly held liable for pedestrian accidents. Pedestrians are rarely deemed at fault.
In places like sidewalks, parking lots, and garages, pedestrians have a right to be present. This means that drivers have a duty to stop for any passengers they come across. The same can be said for pedestrians in crosswalks if they are in the crosswalk lawfully.
A driver might not be at fault if the pedestrian ran into the road when a light or signal instructed them to stay put. However, not all crosswalks have signals, and pedestrians may enter freely as drivers are required to stop.
Cases where a pedestrian is found at fault often involve unusual circumstances. For example, an intoxicated pedestrian who stumbles into the street without using a crosswalk or paying attention to traffic might be liable for a collision.
It is important to tell your attorney where your accident happened. If you were in a place where pedestrians have a right to be and are expected to be present (e.g., sidewalks, parking lots, private driveways), you probably have a strong claim for damages.
Compensation You Might Receive in a Huntington Pedestrian Accident Case
Pedestrian accidents have a way of feeling very unfair. While drivers usually do not encounter a lot of damage, injuries, or costs, pedestrians are far less fortunate. Many pedestrians are so badly hurt that they spend weeks, months, or even years in recovery. Compensation might be very high, and our pedestrian accident attorney can help you claim every penny.
Physical injuries are of major concern in pedestrian accident cases. Your injuries likely require extensive medical treatment, leading to big hospital bills. Even those with health insurance might still pay costly deductibles.
Physical injuries also affect your ability to work. It is normal for injured pedestrians to take time away from work to recover. Some accident victims cannot return to work for long periods, sometimes indefinitely. As a result, they lose important income when they need it the most. Your lawyer should help you estimate how much income you have lost and might lose in the future because of your injuries and add it to your overall damages.
Being hit by a car often leaves injured pedestrians with great psychological distress and turmoil. You might have long-term or permanent injuries that suddenly change how you live. You might also be dealing with unshakable feelings of fear, anxiety, and depression. These experiences are not tied to money but should be claimed as part of your damages.
Can Pedestrians File Insurance Claims After Being Hit by a Car in Huntington?
After car accidents, drivers typically begin the insurance claims process right away. In New York, drivers must carry no-fault policies. Drivers must file a claim with their own insurance and are not required to prove fault. Even though you were not driving when the accident happened, you might still file a claim with auto insurance.
You can file a claim with your own auto insurance under New York’s no-fault insurance laws. If you are uninsured, you can file a third-party claim with the other driver’s insurance.
Insurance does not always work out. Pedestrians tend to have severe injuries, and their damages might exceed policy limits. Alternatively, the driver who hit you might be uninsured. Filing a lawsuit can help you get greater compensation, including for non-economic damages, which are often excluded from insurance coverage.
How to Prove Your Claims Against the Defendant in a Pedestrian Accident Case in Huntington
Meeting the burden of proof in your case is a challenging feat. We must prove your claims by a preponderance of the evidence that it is more likely than not that the defendant is responsible.
Finding evidence is often a challenge. Often, plaintiffs must return to the accident scene to find evidence of their claims. Photos and video footage of the accident are great places to start. For example, a nearby business might have recorded the accident on its security cameras. We should also look for witnesses who saw the defendant hit you with their car.
Having evidence is only half the equation. We must use it in the most effective way possible. Our legal strategy might depend on what kind of evidence is available. We might rely on a singular key piece of extremely powerful evidence. Alternatively, we might use many smaller pieces of evidence to assemble a larger picture of how the accident happened.
Talk to your attorney about the best way to approach your case. Your lawyer should have the skills and experience to figure out how to use the evidence to get you compensation effectively.
Contact Our Huntington Pedestrian Accident Attorneys Immediately If You Were Struck by a Vehicle
Get in touch with our pedestrian accident lawyers about your claims in a free case review by calling The Carrion Law Firm at (631) 910-7493.