If you were hit while crossing at a crosswalk or even walking down the sidewalk, you could face serious injuries. There are no airbags or even helmets to protect you as a pedestrian, and these crashes are usually the driver’s fault, making liability clear. However, getting compensation can be a struggle without a lawyer.
In many cases, you cannot sue outright unless you prove you have “serious injuries” first. Our lawyers can negotiate with insurance for you and take your case to court where possible to try to maximize your compensation after a pedestrian accident.
For help, call the pedestrian accident lawyers at The Carrion Law Firm right away at (718) 841-0083.
Can You Sue for a Pedestrian Accident in Queens?
New York has tricky auto insurance rules that limit when you can sue. Even if you were on foot, you might still be held up by these laws, meaning you can only sue for “serious injuries.”
No-Fault Insurance
New York drivers have to have insurance to cover themselves and the people in their cars. This also covers any pedestrians in their crash, no matter who might be at fault.
When a car hits a pedestrian, it is usually the driver’s fault, but you do not actually need to prove they were at fault to get coverage under their no-fault policy. Even so, there are limits on coverage and lawsuits.
Lawsuit Limits
As long as you are a “covered person” under a no-fault policy, then you are limited to claiming “basic economic loss” through that policy. That covers medical bills and a certain percentage of lost wages, but it will not cover everything, and it will not pay for pain and suffering.
You can only sue or file a liability claim for additional damages – including pain and suffering – if your injury is a “serious injury.” That covers permanent injuries, broken bones, permanent loss/loss of use, serious impairment, and injuries causing at least 90 days of disability (out of the following 180 days).
You can also sue if a loved one was killed or if you lost a pregnancy in a pedestrian accident.
Filing a Lawsuit
Once you meet this threshold, our pedestrian accident lawyers can file a lawsuit to recover any damages you faced in your crash.
Can You Settle a Pedestrian Accident Claim in Queens?
Since no-fault insurance is supposed to pay you regardless of who was at fault, you should get coverage under the driver’s no-fault policy. However, they are also the at-fault driver, and a settlement with their insurance might function as a settlement for your whole case.
While you can settle your case with the at-fault driver, you should be careful about accepting any money or signing any papers from their insurance company until you review your case with a lawyer. Insurance companies often try to settle quickly and end cases cheaply by taking advantage of unrepresented victims.
Once our lawyers get involved, look into your evidence and records of damages, and negotiate a fair settlement, you can freely settle your case. However, if we cannot reach a fair settlement, we may recommend going on to trial.
What Happens in a Pedestrian Accident Trial in Queens, NY?
Trials start with opening statements. There, we detail the evidence the court will see and explain that it will show how the driver injured you and why it is their fault.
From there, we call witnesses to the stand to testify. Your testimony will tell much of the story, but we can also call other eyewitnesses.
Evidence is presented through witnesses. For example, if you took pictures of the injuries and vehicle damage, we can ask you about them to lay foundation then introduce the photos as evidence of what the accident scene looked like.
The defense gets to cross-examine witnesses by asking challenging questions. However, we can object and redirect questions.
The defense also gets to present their case, presenting their own witnesses and evidence. Then, we get the chance to challenge and cross-examine.
At the end, we give closing arguments, summing up the case and reiterating our request for damages and findings of fault.
How Long Does it Take to Get Paid for a Pedestrian Accident?
If your case goes to trial, it can take months to get to a verdict, then about a month for payment to be issued. However, settlements can come much sooner, ending the case quicker.
You should be wary of early settlements, as insurance companies often base them on what it will cost to defend the case, then pay slightly less than that. They might not even actually look at your damages at this stage.
If we can negotiate for a better settlement, we might be able to end your case much earlier than a trial would. We can also settle even up to a “courthouse steps” settlement if negotiations are ongoing on the day of trial.
When defendants offer a settlement, they may even have the check in hand, which can be tempting to accept. Even so, you should never accept a settlement until our pedestrian accident lawyers have reviewed it to see that it pays for all of your needs.
What Damages Can I Get in a Pedestrian Accident Claim in Queens?
As mentioned, your initial claim might be with the driver’s no-fault insurance. This will only pay for medical bills and a portion of lost wages and other expenses, up to certain limits. However, you usually need more than this.
Unlike in other car accidents, you do not have vehicle damage. However, you might have property damage in the form of a broken cell phone or laptop you were carrying or clothes destroyed in the accident.
More importantly, you might face medical expenses and lost wages. Along with other expenses brought on by the accident, you can claim any and all “economic” damages in your lawsuit.
Lastly, you can claim separate compensation for your “non-economic” damages if you meet the serious injury threshold. This covers emotional damage, mental distress, physical pain, and more.
Our lawyers can calculate economic damages based on bills, financial records, and other statements. Non-economic damages use common calculation methods, such as one that takes double or triple your economic damages or more, depending on the seriousness of your injuries.
What Happens in Settlement Negotiations?
Most settlement negotiations are an attempt to get the insurance company to cover your bills, lost earnings, and pain and suffering at the full value. The defense might try to argue that certain damages are not connected to the accident, or they might debate the values you brought to the table.
Often, the issues are not with your actual valuation but with how much the insurance company wants to spend. They might use reasonable excuses, but at the end of the day, their calculations are often based on how much they can afford to spend versus how much it will take to fight the case at trial.
At the end of the day, settlement saves the defense from paying its lawyers to go to court, which can be passed on to you as payment. Our attorneys understand the ins and outs of this system and can make strong arguments about settlement values.
At the end of the day, if they deny your claim, we can take them to court.
Do I Have a Strong Case?
Many pedestrian accident cases are strong to begin with, as the driver is usually at fault. As long as you were legally in a crosswalk or on the sidewalk, it is hard for a driver to convince anyone the accident was really your fault.
Cases are a bit trickier when you were jaywalking or if you ran into a crosswalk while someone was turning through it. In these cases, however, drivers cannot just hit you if they have the chance to stop, and you can still get at least partial damages.
Even if you were partially at fault, you can still get compensation for the defendant’s share of damages. For example, if they were 80% at fault, you lose out on your 20% of the damages, but you can still bring your case.
How Can I Afford a Pedestrian Accident Lawyer in Queens?
You might be concerned that New York is home to some of the most powerful legal firms in the country and that affording a lawyer might be impossible. Rest assured that our lawyers understand what you are going through and tailor our practice to being able to afford to take on cases with little or no up-front costs.
Our injury attorneys typically work on a contingency fee, meaning we get paid nothing unless and until we win your case. You pay us from the winnings, meaning there is nothing to do up front except call us for a free case evaluation.
We can go over the details of how this fee structure works, what percentage of the winnings we will get paid, and how much would then be left to cover your damages.
Do I Need a Lawyer for My Pedestrian Accident?
If you think that you can handle an insurance claim on your own, please reconsider calling us anyway. There are many ways that an insurance company can take advantage of unrepresented victims and push them into settling. In some cases, your settlement might be accidental if you sign the wrong form or cash a check you thought was only a partial payment.
If your case goes to court, it is extremely difficult to handle a lawsuit as your own attorney, especially if you are focusing on your physical and mental recovery after a traffic accident.
Let our lawyers handle the case for you while you focus on physical therapy, recovery, and time with your loved ones.
Are Drivers Required to Yield to Pedestrians in Queens?
In a crosswalk, vehicles must yield to pedestrians under V.A.T. Law § 1151. However, that law also instructs pedestrians to avoid “suddenly” walking into traffic if there is not enough time for a driver to stop.
On the other hand, § 1112 governs crosswalks with “WALK” and “DON’T WALK” signals and says that pedestrians must follow those signals. This means that if you cross against a signal, the law might not be on your side.
Section 1152 also backs up this rule, saying that pedestrians crossing anywhere other than a crosswalk have to yield to cars.
In any case, none of this gives a driver the right to hit you. If they can stop, they should, or else they can be liable for a crash. Crossing against a signal or outside of a crosswalk might be illegal, but it should not be a death sentence or an excuse to hurt you.
Can Pedestrians Sue for an Accident with a Bicycle?
If you were walking when you were hit by someone on a bike, you could still be left with pretty serious injuries. You could hit your head, hurt your back, or break a bone when falling, and that crash might be the cyclist’s fault.
In many cases, you can sue for these accidents. Bikes are considered vehicles under traffic laws, and that means they cannot usually ride on sidewalks and must yield to pedestrians the same as a car would. Just because you had headphones on or were walking slowly does not give someone the right to hit you with their bike, especially if they were supposed to be in a bike lane or on the roadway.
However, the issue of compensation might be difficult. Cyclists do not have insurance like drivers do, so you would have to sue the cyclist directly. This is possible if the defendant can afford damages.
What to Do After a Hit and Run in Queens?
Many pedestrian accidents are unfortunately hit and run crashes. After a hit and run, see if you or anyone else caught the license plate number, make, and model of the car.
When you report your accident to the police, tell them everything you can remember about the vehicle and its driver. Sometimes, local cameras might have caught the crash and can be used to identify the driver. Otherwise, police might come across the car later.
Call Our Pedestrian Accident Lawyers in Queens, NY Today
For a free review of your case, call The Carrion Law Firm’s pedestrian accident attorneys at (718) 841-0083.