Syracuse Pedestrian Accident Lawyer
Accidents involving pedestrians are some of the most deadly accidents. Pedestrians do not have air bags and other safety devices to protect them like drivers do, and being hit by a car can cause serious broken bones, head injuries, internal bleeding, and other serious injuries.
For help getting compensation, do not rely on the driver’s insurance to supply the damages you need. Instead, work with an experienced Syracuse pedestrian accident lawyer. Our attorneys can potentially help you file a lawsuit and fight for damages for pain and suffering and other harms you faced from the accident.
For a free case review, call The Carrion Law Firm today at (718) 841-0083. Our Syracuse pedestrian accident lawyers are available to help.
Getting Compensation for Injuries in a Pedestrian Accident in Syracuse, NY
Victims of pedestrian accidents may or may not have auto insurance of their own. However, if you were injured while on foot, there is no expectation that you would have insurance to satisfy New York’s no-fault auto insurance rules. Instead, the driver’s insurance covers your injuries. However, the coverage this insurance policy provides might not be enough to truly pay for your injuries, and a lawsuit might be better.
Damages in an Insurance Claim
If you were hurt in a car crash as a pedestrian, you could be entitled to file an insurance claim against the driver who hit you. However, the damages paid through a NY no-fault insurance policy typically cover damages only for lost wages and medical expenses. This leaves a broad range of damages unpaid.
Although no-fault claims do not require you to prove that the driver was at fault, there is a trade-off. First, some damages are paid at only a fraction of the total value. Moreover, some damages are blocked entirely, like pain and suffering damages.
Pain and suffering is one of the most important areas of damages that you can claim in your injury case. Our Syracuse pedestrian accident lawyers often seek pain and suffering damages to help injury victims get compensation for the mental anguish, emotional distress, and – of course – the pain they face after a serious injury. However, these damages are blocked unless you have sufficiently “serious” injuries. Even when they are not blocked, you typically need to file a lawsuit or a separate insurance claim against the driver’s liability insurance to get these damages paid.
Filing a Lawsuit
Lawsuits and the expanded damages they provide are blocked unless you have “serious” injuries. Many pedestrian accident victims will meet this threshold, as broken bones, permanent injuries, or any disabilities that will last for at least 90 of the next 180 days all qualify as “serious” injuries under NY law. This means that many pedestrians injured in a car accident could be entitled to additional damages through a lawsuit.
When you sue in court, the court can award any and all damages related to your injuries. This means that payments for lost wages and medical bills can be covered like in an insurance claim, but damages for pain and suffering are also available, as are other economic damages the insurance companies might have refused to pay in a no-fault insurance claim.
Speak with our Syracuse pedestrian accident lawyers about whether your case qualifies for a lawsuit and what additional damages you could be entitled to in an injury lawsuit.
Common Causes of Pedestrian Accidents in Syracuse, NY
Syracuse is the fifth biggest city in New York when it comes to population size. Big cities like Syracuse often see many pedestrians, but drivers do not necessarily afford pedestrians the safety they deserve on sidewalks or in crosswalks. Many accidents occur because of situations unique to pedestrian accidents, but many others are caused by mistakes and traffic violations that cause all sorts of auto accidents.
Failing to Watch for Pedestrians
Many crashes involving pedestrians happen because the driver did not see the pedestrian. Drivers often keep their eyes on the road and fail to watch for people on sidewalks or approaching crosswalks. Drivers might cause crashes by turning off the road and hitting pedestrians in the crosswalk or even on the sidewalk if they accidentally hopped the curb. This kind of mistake is unacceptable and can be the basis of fault in a pedestrian car accident lawsuit.
Failure to Yield
Drivers typically must yield to pedestrians in crosswalks, even if they are in the other lane. Drivers often ignore pedestrians in the opposing lane of traffic, leaving pedestrians stuck in the middle of the street. Drivers might also simply misjudge how fast a pedestrian is going and crash into them instead of patiently waiting. Again, these kinds of accidents are unacceptable, and our Syracuse pedestrian accident lawyers can help you fight for compensation.
Drunk Driving
Pedestrians are often struck by drunk drivers. Especially at night when any driver might have more difficulty seeing pedestrians on the side of the road, drunk drivers are especially dangerous. These crashes are often deadly, as drunk drivers might have reduced ability to stop and worse judgement about pulling over and getting the victim medical attention. For help with a pedestrian accident or wrongful death lawsuit, call our Syracuse pedestrian accident attorneys right away.
Speeding
Speeding is at least a partial cause of most car accidents. Accidents at higher speeds often result in worse injuries, especially if the victim was a pedestrian rather than the occupant of another vehicle. As such, accidents caused by speeding drivers often result in injuries that are serious enough to meet the serious injury threshold and allow a lawsuit.
Call Our Syracuse Pedestrian Accident and Injury Attorneys Today
For help with an accident claim, call the Syracuse pedestrian accident lawyers at The Carrion Law Firm today. Contact us at (718) 841-0083 for a free case evaluation.