The risk of fatal, serious, or life-altering injuries is high in pedestrian accidents. You should not have to foot the bill for any damages due to a driver’s negligence, and you can rely on our lawyers for help getting compensation. We can confirm the accident’s chain of events, the at-fault driver’s negligent conduct, and the damages you have incurred.
To help your case, report the pedestrian accident right when it happens. Call the police, and they will write a report that our attorneys can obtain and review later. You should also document your injuries by going to the hospital, and then call our lawyers about starting your case as soon as possible. That way, we can preserve evidence, prepare arguments, and file your case on time in the Bronx.
Call the pedestrian accident lawyers of The Carrion Law Firm at (718) 841-0083 for help with your case today.
How Do Pedestrian Accidents Happen in the Bronx?
Pedestrian accidents happen because of negligent car drivers and bikers in the Bronx. Ignoring a pedestrian’s right of way at an intersection, driving under the influence, or engaging in any other negligent conduct might injure pedestrians and make drivers liable.
These accidents are especially common in high-traffic areas for pedestrians, like the Bronx. Drivers who make reckless turns, drive without headlights at night, or are distracted while driving are more likely to hit pedestrians. Collisions between bicyclists and pedestrians also happen, sometimes due to a biker’s failure to stop at a red light or stop sign.
We must determine exactly how your accident happened to file a successful compensation claim. Tell us what you can remember about the incident and the other party’s conduct. Also, tell us the accident’s location, where you sought medical treatment after, and if you spoke to any eyewitnesses at the scene.
What Should I Do After a Pedestrian Accident?
What you do right after an accident may affect your upcoming case in the Bronx.
Report the Accident
If you are injured, you should report the accident to the police. Also, reporting property damage to the police is important. While a car might not get damaged after hitting a pedestrian, the victim was most likely injured, and some of their personal property may have even been destroyed.
You can call 911 so police officers can come and document the scene. Tell them what happened as best you can. You might not have seen the driver approaching you before they hit you, but you may be able to provide other useful details.
We can help you get the resulting police report in the following days. We will review it alongside you, check for inaccuracies, and see how its contents may help your claim.
Document Your Injuries
Also, prioritize documenting your injuries. You can take pictures of them, get treatment from paramedics, and go directly to the emergency room. Common pedestrian accident injuries include compound and displaced fractures, traumatic brain injuries, back injuries, and road rash. Do not downplay your injuries, and go to the hospital if necessary.
Call Our Attorneys
You should also contact our pedestrian accident lawyers as soon as possible after the incident. We can confirm whether or not you have a case and start working on it right away. Some evidence is harder to obtain as time passes, and this might jeopardize your claim’s success. We can also begin tracking all damages from the accident immediately so that we know your exact losses.
Can I Sue for a Pedestrian Accident in the Bronx?
You can most likely sue for a pedestrian accident in the Bronx. Although New York’s no-fault rules for motor vehicle accidents extend to pedestrian accidents, pedestrians may sue if they suffer “serious injuries.”
Even low-speed impacts can be devastating for pedestrians, causing them to sustain any of the following injuries that are deemed “serious” in New York and allow victims to file lawsuits:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, function, member, or system
- Permanent consequential limitation of use of a body member or organ
- Significant limitation of use of a body system or function
Pedestrians may also sue for a non-permanent injury that stops them from performing material daily acts for at least half of the first 180 days after an accident, known as passing the 90/180 rule.
Let us see if your diagnosed injuries make you eligible to file a pedestrian accident lawsuit in the Bronx rather than just collecting some damages from the driver’s personal injury protection insurance coverage.
What Damages Can I Get from a Pedestrian Accident Lawsuit?
Let us clarify what damages are recoverable in your lawsuit and help you get them after a pedestrian accident.
Medical Bills
Medical bills can quickly overwhelm victims after pedestrian accidents, and our lawyers can help you get compensation for these costs. Let us organize hospital bills, evidence prescription medication costs, and any other proof of other expenses related to your physical recovery.
You may not have incurred all the medical bills you anticipate when you file a lawsuit. If doctors know you will need additional care in the future, they can testify to the likely cost, and you can get damages for upcoming treatments so you do not have to pay them.
Missed Wages
You might be unable to work for weeks, months, or even longer because of pedestrian accident injuries. If you can return to work but at a lower earning capacity, we can seek the difference in your income before and after the accident.
Tax returns and paystubs let us calculate lost wages, so give our attorneys this documentation when preparing your claim.
Miscellaneous Expenses
Pedestrian accidents yield many miscellaneous expenses. Compound fractures or back injuries may prevent victims from driving, and they may need transportation accommodations. Other victims will need to modify their homes to accommodate permanent injuries, or even have to hire child care services after an accident.
We help plaintiffs identify all the miscellaneous expenses that come from accidents to ensure that no losses go undocumented.
Pain and Suffering
If you file a lawsuit for a pedestrian accident, you may also recover non-economic damages. Inherently subjective, non-economic damages represent your pain, suffering, anguish, embarrassment, and other intangible harms from an injury.
These damages are hard for victims to quantify, and you can rely on our attorneys for help.
How Long Does it Take to Get Compensation After a Pedestrian Accident in the Bronx?
How long it takes to get compensation after a pedestrian accident depends entirely on the facts of the case. We can review your case to estimate how long it may take, and keep you updated throughout negotiations about the progress.
Some cases settle very quickly. Lots of evidence confirming the driver’s negligence may compel a big settlement offer soon into negotiations. No one can be forced to settle, however, and the opposing side may not give good enough offers, even if there is considerable evidence against them.
If your case goes to trial, it may end soon after the trial begins. Personal injury trials may only last a matter of days or less, especially if the defense sends a good settlement offer during the trial.
If you feel as though settlement negotiations are taking too long, we can explore going to trial. You do not have to be wary of going to court. Our experienced lawyers can explain what you can expect and prepare you for all aspects of a trial, including the possibility of testifying in court.
What Evidence Can I Use to Prove Fault in a Pedestrian Accident Lawsuit?
We help plaintiffs obtain, organize, and present evidence that helps prove a defendant’s fault, such as testimony, medical records, photos, and more.
Eyewitness Testimony
Eyewitnesses are often plentiful in Bronx pedestrian accident lawsuits, as it is a highly populated area. Especially if a negligent driver hit you during the day, others may have witnessed the incident. If your injuries permit, talk to eyewitnesses. Request their contact information so we can get in touch and interview them.
Do not panic if you did not notice witnesses at the scene or could not speak to them. Police officers may have spotted witnesses, spoken to them, and put their contact information in the incident report.
Having eyewitness statements is good leverage to get a fair out-of-court settlement. When a lawsuit goes to trial, eyewitnesses can testify in front of jurors and attest to the defendant’s negligent conduct.
Medical Records
Medical records are great evidence in an injury lawsuit. We can use emergency room records, X-rays, MRI results, surgical reports, prescription medications, physical therapy records, and other medical evidence to prove the injuries you sustained.
Medical treatment generates medical records and medical bills. We can also keep track of all hospital costs, specialist visits, and other medical expenses, and organize bills that prove them.
Photographs
While there may not be obvious vehicle damage for you to photograph after a car hits you as a pedestrian, there are other pictures you can take. For example, you can photograph your injuries if they are visible. You can also take pictures of any stoplights or traffic signs in the immediate vicinity that the negligent driver ignored, such as a no-turn-on-red sign.
Do not delete any pictures you took before giving them to our pedestrian accident lawyers, even if they seem irrelevant or too blurry.
Surveillance Footage
The Bronx is very populated, and stores, restaurants, apartment buildings, and homes in the area may have security cameras outside. After learning the accident’s location, we can contact local property owners and request footage from the date and time of your incident.
Footage may show the at-fault party driving without headlights at night, failing to yield to pedestrians, running a stoplight, or otherwise driving erratically. Footage can also show that you did not do anything to contribute to the accident, such as jaywalking.
Victim Testimony
The victim’s testimony can be very compelling in a pedestrian accident trial. Testifying is your opportunity to describe the defendant’s negligence, but also the consequences to your life. A victim testifying helps the jury appreciate their pain and suffering, and may lead to more compensation for non-economic damages.
We understand you might be fearful of testifying. It can be intimidating, but we can do everything in our power to prepare you so you feel more comfortable.
What is the Statute of Limitations for Filing Pedestrian Accident Lawsuits in the Bronx?
You have limited time to file a lawsuit following a pedestrian accident. Do not risk missing the statute of limitations, and reach out to initiate a case with us today.
Under C.V.P. Law § 214(5), you may have just three years to sue for pedestrian accident injuries. Some cases require more time than others to prepare, so do not wait to contact our lawyers, even if much of the statute of limitations is remaining at this current time.
Filing by the deadline gets harder when victims are badly injured and focusing on physically, mentally, and emotionally healing. Recovering compensation can make the healing process easier, so also prioritize starting a case with our attorneys. The sooner we begin investigating, the more evidence we may preserve and the stronger your lawsuit may be.
Missing the statute of limitations has harsh consequences. Unless one of New York’s several tolling exceptions applies that pauses the statute of limitations, not suing within three years of an accident means you may not get any compensation for that accident.
Call Our Attorneys in the Bronx to Discuss Your Case Today
Call The Carrion Law Firm at (718) 841-0083 for a free case analysis from our pedestrian accident lawyers.
