Everyone who has ever been to the Bronx, or any of the New York boroughs for that matter, knows that the drivers can be erratic and irresponsible. This can make the streets where millions walk every day quite dangerous. If you were injured while walking in the Bronx because a vehicle hit you, you deserve the facts about your legal options for recovery.
Most of the time, if a vehicle collides with a pedestrian, the driver of the vehicle is at fault. This makes them liable for the pedestrian’s injuries. The liability may include compensation for medical bills, lost wages, and pain and suffering. You only have three years from the date of the accident to file your lawsuit, so act quickly
At The Carrion Law Firm, our Bronx pedestrian accident lawyers work tirelessly to ensure that our injured clients receive the monetary support they need to recover comfortably from their injuries. If you think you may have a case against the driver of the car that injured you, call us for a free consultation at (718) 841-0083.
Proving Fault After Being Hit by a Car in the Bronx
In order to recover for the injuries that you received after being hit by a car, you will have to prove that the driver was at fault. Drivers are responsible for taking reasonable care to avoid hitting pedestrians in the road. When drivers fail to act according to their responsibilities, they may be at fault.
Common instances where a driver is at fault for hitting a passenger in the Bronx include any of the following:
- Driver is speeding beyond the limit
- Driver makes a turn without yielding to pedestrians in the crosswalk
- Driver fails to stop at a red light or stop sign
- Driver pulls in or out of a parking garage without checking mirrors for crossing pedestrians
- Driver is texting or otherwise distracted while driving
- Driver is under the influence of drugs or alcohol
Proving fault is critical for success in a pedestrian accident injury lawsuit. If you are concerned about your ability to prove that another party was at fault for your injuries, speak to one of our accomplished Bronx pedestrian accident lawyers today for free.
Damages in a Bronx Pedestrian Accident Injury Lawsuit
Plaintiffs who sue for their pedestrian accident injuries and are successful can recover monetary compensation that reflects the harms they sustained. This compensation is referred to in the legal world as “damages.” Your Bronx pedestrian accident lawyer can help you calculate your likely damages from a lawsuit if you were recently hit by a car. The calculation is based on two key types of damages: economic and non-economic damages. In some cases, a third category, punitive damages, may come into play.
Economic Damages
The economic side of damages works to compensate an injury victim for the direct financial consequences of their injuries. For a pedestrian who is hit by a car, the medical consequences can be substantial. You may need emergency care, surgical procedures, physical therapy, and ongoing specialist attention. All of this could be covered under damages in your lawsuit.
Lost wages are also included in economic damages. The types of injuries that are common when pedestrians are involved in car accidents, such as fractured bones and brain injuries, can take time to heal. If your injury keeps you out of work while you recuperate, economic damages should also factor in your lost income.
Non-Economic Damages
Physical injuries take a psychological toll as well. Broken bones and spinal injuries can cause chronic pain for extended periods of time. Traumatic brain injuries may cause emotional distress and have been known to lead to psychological conditions such as depression and anxiety. New York law recognizes the impact this can have on a person. Determining what to expect in non-economic damages can be difficult since there are no direct costs to add up. Therefore, you should contact one of our Bronx pedestrian accident lawyers for a consultation on your specific case.
Punitive Damages
Punitive damages are only available in situations where the defendant’s actions are so heinous or indifferent to the victim’s safety that it warrants punishment. Punitive damages depend on the conduct of the defendant as opposed to the condition of the victim. Common instances where punitive damages may be awarded include driving under the influence cases, but these damages are rare in New York.
Statute of Limitations for Bronx Pedestrian Accident Lawsuits
If you were injured in a pedestrian accident in the Bronx, you must file your lawsuit within a certain amount of time. Generally, the statute of limitations for injury lawsuits stemming from car accidents involving pedestrians in New York is three years from the date of the accident. This means that if you are injured and do not file your lawsuit within three years of the accident, you will not be able to recover.
There are exceptions that may alter how the statute of limitations applies in a given case. For instance, if the vehicle that hit you was a Bronx government-operated vehicle (such as an MTA bus), the time limit may be much shorter than three years. In order to ensure your ability to recover, it is imperative that you speak to one of our Bronx pedestrian accident attorneys as soon as possible.
Were You Hit by a Car While Walking in the Bronx? We Can Recover for You
At The Carrion Law Firm, we work to get substantial settlements and verdicts for our injured clients. To speak with one of our Bronx pedestrian accident lawyers today, call us at (718) 841-0083.