Whether running errands or simply enjoying some nice weather, people travel on foot all the time. Even when pedestrians take precautions to remain safe, negligent drivers might hit them and cause severe injuries.
Negligent drivers cause many pedestrian accidents, but some risk factors should be considered when assessing your case. Places like crosswalks, parking lots, and garages see many pedestrians sharing space with moving vehicles. A negligent driver might easily hit and injure someone in such places. We need evidence and an effective strategy to prove that the driver’s negligence caused the collision. The evidence helps us present facts, while a good strategy makes those facts more persuasive. Since New York’s insurance laws require no-fault auto insurance policies, you can file a claim and get coverage if you have insurance. To sue, you might have to prove you experienced serious injuries. Feeling overwhelmed by a potential lawsuit is normal, but you deserve compensation for your extensive damages and justice.
Contact our pedestrian accident attorneys at The Carrion Law Firm to make an appointment for a free case review by calling our offices at (718) 841-0083.
Risk Factors in Pedestrian Accidents in Pittsford, NY
When reviewing your accident with a lawyer, you should discuss how certain risk factors might have played a role in the collision. Remember, the existence of certain risk factors in your case does not necessarily mean you are partially responsible for the accident. Instead, knowing these risk factors might help your attorney determine how the accident happened and whether the driver who hit you is liable.
Being too close to the curb is a serious risk factor in a lot of pedestrian accidents. Perhaps you were walking down the street near the edge of the sidewalk. Next, suppose that a vehicle making a turn, trying to park, or passing another vehicle comes way too close to the curb, clipping you in the process. While pedestrians are allowed and expected to be on sidewalks, drivers must maintain a safe distance.
Crosswalks are another place where the risk of pedestrian accidents is higher. Pedestrians should only enter a crosswalk when it is safe to do so. If there is a lighted signal, wait until it signals you to cross. Even when pedestrians follow all the rules, they might still be hit in the crosswalk by a distracted or speeding driver. If you were hurt this way, our pedestrian accident attorneys can investigate the driver’s speed and whether they were using a cell phone or otherwise distracted.
Parking lots and garages are risky for pedestrians because there are a lot of vehicles driving around the same places that people are walking. You might walk to or from your car when another driver hits you. Even though speeds are usually slower in these places, injuries can still be serious and painful. Drivers should always be aware of their surroundings in lots and garages because they should know there may be numerous pedestrians.
How to Prove the Defendant Caused Your Pedestrian Accident in Pittsford, NY
Once we know how your accident occurred and whom to hold responsible, our next step is proving your claims. Of course, a lawsuit requires evidence. Evidence might come from almost anywhere and look like anything if it is relevant to your case and tends to show whether the defendant is liable.
Evidence often comes from where you were injured, although we might expand the scope of our search if necessary. A great source of evidence is photos or videos taken immediately after the crash. Taking pictures after an accident is normal, as people usually use photos in insurance claims. Your photos might shed light on details about the accident that can help us prove the defendant is responsible.
We should also try to find witnesses. If multiple witnesses can back up your claims that the driver negligently hit you, you stand a better chance of getting fair compensation. If we are unsure about the identities of some witnesses, we might need to work with law enforcement or review photos and videos from the scene to track them down.
Once we have gathered evidence to present to a jury, we need to strategize the best way to present the evidence. Simply having facts about the accident is only step 1. Step 2 involves presenting the facts and evidence in a way that convinces the jury of your claims. The best legal strategies are not one-size-fits-all. They should be tailored to your specific situation. Your attorney can help you figure out the most effective strategies.
Do I Need to File an Insurance Claim After a Pittsford, NY Pedestrian Accident?
Even if only one person in an accident is driving, auto insurance laws and policies may kick in. According to I.S.C. Law § 5104(a), all drivers are required to carry no-fault personal injury protection insurance. You are required to file a claim with your own coverage rather than the other driver’s insurance. There is no need to demonstrate fault, and your economic damages may be covered up to the policy limits.
Since many pedestrians might not own cars and therefore do not have car insurance, the rules work a bit differently. You can instead file a third-party claim with the other driver’s insurance. If you want to sue, you might need to prove you have a serious injury as described under I.S.C. Law § 5102(d). If your injuries do not meet this legal threshold, insurance might be your only option.
Serious injuries include significant scarring or disfigurement, fractures, losing an unborn fetus, death, permanent limitation or total loss of a bodily member or function, or any non-permanent injuries that stop someone from doing most normal day-to-day tasks for 90 of the 180 days after the accident.
Contact Our Pittsford, NY Pedestrian Accident Lawyers Now
Speak with our pedestrian accident lawyers at The Carrion Law Firm to schedule an appointment for a free case evaluation by calling us at (718) 841-0083.