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New York City Pedestrian Accident Lawyers
If you or a loved one has been injured in a pedestrian accident in New York City, it’s crucial to understand your rights and how the legal system can work in your favor. At The Orlow Firm, our NYC Personal Injury Lawyers are committed to advocating for victims of pedestrian accidents. This comprehensive guide covers what you need to know about common injury types, who may be liable, what compensation might be available, and the legal framework specific to New York.
- Pedestrian accidents can result in severe injuries, with common types including fractures, traumatic brain injuries, and spinal cord injuries.
- Liable parties can range from distracted drivers to negligent property owners.
- Victims may be compensated for medical expenses, lost wages, pain, and suffering.
- It’s critical to be aware of New York’s specific laws and statutes, like the “No-Fault Law” and the statute of limitations for filing a claim.
Common Injury Types in Pedestrian Accidents
Pedestrian accidents can result in a wide range of injuries, some of which can be life-altering. Here are some common types:
- Fractures: Broken bones are a frequent outcome of pedestrian accidents.
- Traumatic Brain Injuries: Even a “minor” concussion can have long-term effects.
- Spinal Cord Injuries: Such injuries can result in partial or complete paralysis.
- Soft Tissue Injuries: Sprains and tears in muscles and ligaments can have lengthy recovery periods.
- Psychological Injuries: The emotional trauma from an accident can sometimes be as debilitating as physical injuries.
Who’s Liable for Pedestrian Accidents?
Identifying the liable party is crucial for pursuing compensation. Here are some common scenarios:
- Motor Vehicle Drivers: Distracted, intoxicated, or reckless driving often causes pedestrian accidents.
- Property Owners: Slip and fall accidents on poorly maintained premises can also be a cause.
- Local Authorities: In some cases, poorly designed or maintained roads and walkways can contribute to accidents.
- Employers of Commercial Vehicles: Companies may be held liable for the actions of their employees, including commercial drivers.
What Can Victims Be Compensated For?
Compensation varies by case but generally covers:
- Medical Expenses: This includes both immediate and ongoing medical costs.
- Lost Wages: If you’re unable to work, you can claim compensation for lost income.
- Pain and Suffering: Emotional and physical pain are often considered in compensation.
- Property Damage: Any personal belongings damaged in the accident can be included.
Relevant Laws in New York
New York has specific laws that apply to pedestrian accidents.
- No-Fault Law: New York is a no-fault state, which means that your insurance company compensates you for certain expenses regardless of who was at fault.
- Pure Comparative Negligence: This rule allows you to recover damages even if you were partly at fault, although your compensation may be reduced by your percentage of fault.
Why These Laws Are Relevant
Understanding these laws is essential because they directly influence how much compensation you may receive and from whom.
Statute of Limitations
In New York, the statute of limitations for personal injury claims is three years from the date of the accident. Failing to file within this time frame typically means forfeiting your right to financial recovery.
Frequently Asked Questions
- What should I do immediately after a pedestrian accident?
- Seek medical attention and report the accident to authorities. Collect evidence if possible.
- How long does it take to settle a pedestrian accident case?
- The duration varies depending on the complexities of the case but can be quicker with qualified New York City Pedestrian Accident Attorneys representing you. Call The Orlow Firm today for a free consultation and case evaluation.
- Do I need a lawyer for a minor injury?
- Even minor injuries can have long-term consequences. Consult a Pedestrian Accident Law Firm in New York to discuss your options.
- What if the driver who hit me was uninsured?
- You may still be able to claim from your own insurance or through a government fund for uninsured drivers.
- Can I file a wrongful death claim for a loved one killed in a pedestrian accident?
- Yes, New York law allows immediate family members to file a wrongful death claim under specific circumstances.