Car accidents often involve people that are not behind the wheel. Pedestrians are extremely vulnerable to serious injuries in accidents, and they can file lawsuits to get their damages covered.
Pedestrian accidents usually happen in places where foot traffic and vehicle traffic intersect. Crosswalks, parking lots, and sidewalks are common places for pedestrian accidents. The driver’s personal injury protection (PIP) insurance might cover an injured pedestrian. If they can prove they experienced a serious injury, an injured pedestrian may file a lawsuit against the driver. Potential damages are often high, as injured pedestrians tend to experience significant economic and non-economic damages and losses. You need as much supporting evidence as possible to prove your claims in court and get compensation. Much evidence often comes directly from the accident scene, while other important evidence might be recovered in other, unexpected places.
If you or someone you know was recently hit by a car, you can take legal action to get compensation for your grievous injuries. Our Islip pedestrian accident lawyers can assist you with your claims. For a free case evaluation, call The Carrion Law Firm at (631) 910-7493.
Where and How Pedestrian Accidents Can Happen in Islip
Pedestrian accidents are a serious risk anywhere people traveling on foot come close to vehicle traffic. If you were injured in an accident, our Islip pedestrian accident lawyers can assist you with legal claims for damages and compensation.
Crosswalks are arguably the most recognized place for pedestrian accidents, especially crosswalks across busy highways or multiple lanes of traffic. Even if pedestrians exercise all reasonable caution when crossing the street, a negligent driver could hit them and cause severe injuries. Distracted driving, alcohol, and speeding are common factors in pedestrian accidents in crosswalks.
Parking lots can also be very dangerous for pedestrians. Both drivers and pedestrians tend to let their guards down in parking lots. After all, vehicles are no longer on the road and are driving at much slower rates of speed in parking lots. Unfortunately, this kind of thinking is a serious factor in why pedestrian accidents happen in parking lots.
Other possible locations for pedestrian accidents are sidewalks. Accidents on sidewalks are a bit more unusual because drivers are typically prohibited from driving on sidewalks. In many cases, pedestrian accidents on sidewalks happen because drivers lose control of their vehicles. As such, accidents on sidewalks can be very dangerous.
Filing a Lawsuit After a Pedestrian Accident in Islip
Getting compensation for your painful injuries might require legal action and the assistance of a skilled attorney. Our Islip pedestrian accident lawyers can help you assess your case, navigate the insurance process, and begin a lawsuit for damages.
When a pedestrian is injured in a car crash, they might be able to file an insurance claim. New York is a no-fault insurance state, and drivers must carry PIP insurance that covers them regardless of fault. Injured pedestrians are often covered by the driver’s PIP insurance, although their own insurance might also cover them if they have any.
If insurance does not apply in your case or the compensation is insufficient, you may file a lawsuit under certain conditions. According to I.S.C. Law § 5104(a), you may file a lawsuit for injuries related to a car accident if you can demonstrate you experienced a “serious injury.”
A serious injury is defined under I.S.C. Law § 5102(d) and includes the following possible injuries:
- Dismemberment
- Significant scarring to disfigurement
- Broken bones
- Permanent loss or limitation of a bodily organ, system, or limb
- Death
- A medically determined, non-permanent injury that prevents you from performing substantially all normal daily tasks for at least 90 days out of the 180 days immediately following your accident
Since pedestrian accidents tend to be severe, many plaintiffs have little trouble proving they have serious injuries as defined by law. Our Islip pedestrian accident lawyers can help you take the necessary steps toward effective legal action.
Recovering Valuable Damages in an Islip Pedestrian Accident
Injuries, losses, and damages related to pedestrian accidents might be considerable. Our Islip pedestrian accident lawyers can help you assess your damages and get the most compensation possible for your case.
Economic damages encompass financial losses that result directly from your accident and injuries. Medical bills, lost income from taking time away from work, and the value of destroyed property or personal belongings are just a few examples of significant economic damages.
Non-economic damages are often unrelated to money. Instead, they are rooted in painful personal experiences from the accident. Physical pain, emotional suffering or trauma, humiliation, and other painful experiences may be claimed as non-economic damages.
While our Islip pedestrian accident attorneys are prepared to argue for compensation for your damages in court, we can also help you negotiate a settlement if you prefer. Settlements do not involve a trial and often get plaintiffs compensation quicker. However, settlements involve compromise, and you might have to settle for somewhat less compensation, depending on the circumstances. The more evidence you have supporting your claims, the more compensation we can help you negotiate for.
Finding Evidence for Your Islip Pedestrian Accident Case
Getting compensation for your damages is nearly impossible without evidence. Gathering evidence is often tricky, as evidence might look like anything and come from anywhere. Evidence can vary widely from case to case, and our Islip pedestrian accident attorneys can help you gather evidence unique to your situation.
A great deal of important evidence is often found at the accident scene. Since accident scenes are usually cleaned away by law enforcement rather quickly, they must be documented, often through photos and videos. Taking photos and recording videos after your accident might preserve important details to help prove the driver should be held liable.
Even if the accident scene is not documented, as many plaintiffs are too badly injured to do so, we can still build a strong case based on witness testimony. Pedestrian accidents are often in crowded or busy places, and numerous people possibly saw your accident unfold. We can use police reports to track down people who saw the accident and hopefully get them to testify about what they saw.
Call Our Islip Pedestrian Accident Lawyers for Help Now
If you were hurt in an accident while out walking, the driver who hit you should be brought to justice, and your damages should be paid for. Our Islip pedestrian accident lawyers can help you get your case off the ground. For a free evaluation of your case, call The Carrion Law Firm at (631) 910-7493.