Pedestrians are incredibly vulnerable to negligent drivers. The driver may be largely unharmed in an accident, but a pedestrian may be catastrophically injured. Even accidents at relatively low speeds can lead to serious injuries for pedestrians. As such, you may be entitled to significant financial compensation, and a lawyer can help you.
Pedestrian accidents can happen almost anywhere in Queens where pedestrians and drivers share space. Common locations include crosswalks, sidewalks, and parking lots or garages. Contrary to what some might believe, pedestrian accidents may be covered by auto insurance, and you can file a no-fault claim with your own insurance or a third-party claim with the driver’s liability coverage. You may also file a lawsuit and claim extensive economic and non-economic damages.
Call our pedestrian accident attorneys with The Carrion Law Firm at (718) 841-0083 for a free initial case evaluation.
How Do Pedestrian Accidents Occur?
Pedestrian accidents tend to happen quickly, and pedestrians often claim that the driver came out of nowhere.
Many pedestrian accidents around Queens occur in crosswalks. As pedestrians cross a busy street or intersection, drivers must be aware of their surroundings. Often, there are lighted signs that signal pedestrians to cross and drivers to stop. However, these signs are not always present. In such cases, drivers often must yield to pedestrians.
Accidents also frequently happen on sidewalks. These accidents can be especially shocking since pedestrians have every right to use sidewalks, and cars normally are prohibited from being there. Usually, these accidents happen when a driver loses control of their vehicle and runs up on a sidewalk.
Many other pedestrian collisions occur in areas where vehicles are not traveling at high speeds. Parking lots and parking garages are common places for accidents, often because drivers let their guard down since they are technically not on the road or highway.
Can I File an Insurance Claim After a Pedestrian Accident in Ridgewood?
Generally, injured pedestrians can file insurance claims. Even though you were not driving, our pedestrian accident lawyers may help you file a claim with your insurance or the driver’s, depending on the circumstances.
In Queens, vehicle accidents must follow no-fault insurance laws, and you may have to file a claim with your own personal injury protection (PIP) insurance. You do not have to present any evidence of fault, and you may be covered by your PIP insurance regardless of who caused the collision.
If you do not have insurance because you do not drive, you may file a third-party claim with the driver’s liability coverage.
According to I.S.C. Law § 5104(a), you cannot file a lawsuit for your accident unless you have a “serious injury.” Under § 5102(d), a serious injury includes dismemberment, fractures, death, the loss of a fetus, the permanent loss or limitation of a bodily functions or system, or a medically determined, non-permanent injury that inhibits you from doing substantially all normal daily tasks of living for at least 90 days.
Damages Available in a Pedestrian Accident Case
Your damages should represent all the ways the accident injured you, cost money, and left a lasting impact on your life. Damages are often more extensive than plaintiffs realize, and you should review them with an attorney soon.
You should have received emergency medical attention immediately after the collision. Unfortunately, medical care is rarely affordable, and you may be facing substantial hospital bills.
You might have injuries so severe that your medical needs extend past the end of your civil case. We can estimate the cost of future medical care and add it to your claims.
As you may already know, being hit by a car is extremely painful, both physically and psychologically. Your injuries might cause immense pain, and you might still be reeling mentally from the whole ordeal.
These damages are often summed up as “pain and suffering,” but they encompass a wide range of complex, painful personal experiences. These damages deserve fair financial compensation.
Obtaining Evidence to Support Your Pedestrian Accident Claims
We must have evidence to substantiate your claims. If we do not have any or have enough, your case could be dismissed.
Pedestrian accidents frequently occur in public spaces, such as city streets and parking lots. Often, these spaces are watched by security cameras. There may be video evidence of the accident available, and we should contact local businesses, including parking lot or garage owners, to inquire about their security cameras.
There are a lot of people in Queens, and there are often multiple witnesses who may testify about what they saw. People might testify that they saw the defendant speeding or doing something else negligent. If the driver fled the scene, witnesses might have seen the license plate or can provide other details we can use to identify the defendant.
When injuries are severe or complicated, we may need your medical records to explain them in court. You have a right to your own medical records, so getting them is rarely a problem. However, they may take time to compile, and our attorneys can help get copies while you focus on recovery.
Will a Driver Be Criminally Charged for a Pedestrian Accident in Ridgewood
Not all auto accidents, including pedestrian accidents, are criminal offenses. However, charges may be assessed depending on the circumstances. In that case, your civil case may take longer to complete because we must wait for criminal proceedings.
Was the driver intoxicated when they hit you? If so, they may be charged with a DWI or DUI. On top of that, intoxicated drivers who cause injuries, like in a pedestrian accident, may also face charges for vehicular assault under P.E.N. Law § 120.04(1).
If the driver hit you and then fled the scene before the police could arrive, they may be charged with a hit-and-run. This is not only a serious crime, but it also makes it more difficult to take legal action against the driver. We may have to wait for the police to investigate before we learn the identity of the driver.
Contact Our Ridgewood Pedestrian Accident Attorneys to Start Your Case Today
Call our pedestrian accident attorneys with The Carrion Law Firm at (718) 841-0083 for a free initial case evaluation.
