Queens Pedestrian Accident Lawyer
Queens is a city with thousands of miles of sidewalks and paths for its many pedestrian commuters. However, Queens is also home to countless drivers that are not always the most observant of pedestrians. When pedestrian accidents happen, the victim could be left with significant injuries.
Fortunately, a skilled Queens pedestrian accident lawyer can help hold drivers accountable for their negligent conduct. Pedestrian accidents can occur in numerous ways, considering the number of busy intersections and roads around the city. However, recovering compensation can be challenging because of New York’s no-fault laws. You can typically recover damages for a pedestrian accident from insurance, but there are only certain situations where you will be permitted to file a lawsuit.
If you were a pedestrian injured in an accident, our Queens pedestrian accident lawyers can help you hold the negligent person accountable for their actions. For a free case evaluation, call The Carrion Law Firm today at (718) 841-0083.
Common Causes of Pedestrian Accidents in Queens, NY
Queens is a dynamic place with thousands of pedestrians commuting across the city daily. Unfortunately, car accidents involving pedestrians are common and can result in severe injuries. The following are some common causes of pedestrian accidents in Queens:
- Distracted driving
- Driving and texting
- Running red lights and stop signs
- Drunk driving
- Failure to yield the right of way at crosswalks and intersections
- Improper left turn
- Inadequate or blocked sidewalks
Queens is one of the more dangerous boroughs for pedestrians. According to a Queens Pedestrian Safety Action Plan, an average of 250 pedestrians are severely injured or killed in car accidents yearly, making Queens one of the most accident-prone boroughs in New York City. Our Queens pedestrian accident lawyers can help you hold the negligent driver accountable regardless of how they caused your injuries.
Insurance Compensation After Being Injured in a Queens, NY Pedestrian Accident
Queens residents injured in a pedestrian accident might not realize that car insurance will play a role despite not driving when the accident occurred. New York is a no-fault state for the purposes of filing car insurance. Typically, when a car accident happens, each driver can file a claim for Personal Injury Protection (PIP) benefits from their own insurance policy. There is no requirement to prove fault before receiving compensation from your insurance.
If you do not possess car insurance, do not fear. In that situation, you would file a claim against the negligent driver’s PIP insurance. If the other driver does not have insurance or their insurance is insufficient to cover your damages, you might be able to file a lawsuit instead.
However, PIP insurance benefits will only provide certain economic damages. In most cases, PIP benefits will cover your medical expenses, lost wages, and other out-of-pocket financial costs associated with your injuries. PIP benefits will not cover non-economic damages associated with your injury’s impact on your life. These include damages for physical pain and emotional suffering, loss of enjoyment in life, and other subjective losses the court feels you should be compensated for.
The only way to recover non-economic damages is to file a lawsuit for your pedestrian accident injuries. Unfortunately, New York’s no-fault laws prevent most people from filing lawsuits to recover damages if insurance is available to cover a victim’s financial expenses. Our Queens pedestrian accident lawyers can help ensure you are treated fairly in the insurance claims process and determine if your case meets one of the exceptions to the no-fault law’s bar against filing a lawsuit.
Filing a Pedestrian Accident Lawsuit in Queens, NY
In most cases, pedestrians injured by a driver will not be able to recover additional compensation through a personal injury lawsuit. There are exceptions, though, where a victim is permitted to pursue additional damages for their injuries under New York law. For instance, if you do not have car insurance and the driver is also uninsured, you could file a lawsuit to recover the compensation you are entitled to.
To recover non-economic damages that insurance will not provide, you must prove that you sustained a serious injury in the accident. I.S.C. Law § 5102(d) lists several examples of serious injuries for the purposes of filing a lawsuit:
- Broken bones
- Significant disfigurement
- Permanent loss or limitation of a bodily organ, function, or system
- A non-permanent injury that prevents you from doing substantially all normal tasks of daily living for 90 out of the first 180 days after being injured.
Unfortunately, many pedestrian accidents do result in serious injuries. Our Queens pedestrian accident lawyers can help you file your lawsuit to recover the compensation you need to treat the full extent of your injuries.
Contributory Negligence in a Queens, NY Pedestrian Accident
Many injured pedestrians wonder if any conduct on their part will impact the amount of their compensation. Even if you did nothing to contribute to causing the accident, many insurance companies will argue that you did in an effort to pressure you into settling your case quickly. However, injured pedestrians can recover compensation in a lawsuit even if they were partially to blame for the accident.
According to C.V.P. Law § 1411, if an injured pedestrian is found to have also been negligent in causing an accident, they can still recover an award from the court, but reduced by the percentage they were found to be at fault. For example, if you were found to be 50% at fault but awarded $100,000, you would recover $50,000 in compensation. Further, under New York’s pure comparative negligence rule, injured pedestrians can recover damages even if they were determined to be up to 99% at fault for their injuries. Our Queens pedestrian accident lawyers can help you address any acts that could be used against you to reduce the compensation you are owed.
Our Queens, NY Pedestrian Accident Lawyers Can Help
If a negligent driver has injured you, our Queens pedestrian accident lawyers can help you develop the right legal strategy for your case. For a free case assessment, contact The Carrion Law Firm at (718) 841-0083.