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Navigating the legal landscape after a pedestrian accident in New York can be overwhelming. Laws and regulations can be complex but are crucial in determining your entitlements and the course of your legal proceedings. At The Orlow Firm, our team of NYC Pedestrian Accident Lawyers is here to guide you through the essential laws affecting your case.
Key Takeaways:
- New York’s No-Fault Law plays a significant role in immediate medical coverage and lost wages.
- The Vehicle and Traffic Law outlines the responsibilities and rights of drivers and pedestrians alike.
- New York’s comparative negligence law can affect the amount of compensation you may receive.
- Understanding statute of limitations is essential for timely filing of your lawsuit.
New York’s No-Fault Law
What is No-Fault Law?
- New York’s No-Fault Law allows you to obtain compensation for medical expenses and lost wages from your own insurance company, regardless of who was at fault for the accident.
Why it’s Important?
- Immediate Coverage: Helps you obtain necessary medical treatment immediately.
- Limitations: This law restricts your ability to file a lawsuit for additional compensation unless your injuries meet certain “serious injury” criteria as defined by the state.
New York Vehicle and Traffic Law
Driver Responsibilities (VTL §§1146, 1151, 1151-a)
- Drivers are required to exercise due care to avoid colliding with pedestrians.
- Drivers must yield the right-of-way to pedestrians at crosswalks and intersections.
Pedestrian Responsibilities (VTL §1150, 1152, 1156)
- Pedestrians must obey traffic signals and signs and should not jaywalk.
- Pedestrians should use crosswalks where available.
Why it’s Relevant?
- These laws set the framework for determining fault and liability.
Comparative Negligence Law
What is Comparative Negligence?
- In New York, if both the pedestrian and the driver are found to be at fault, the compensation amount is adjusted according to each party’s percentage of fault.
Why it’s Important?
- It allows you to recover damages even if you are partially at fault for the accident, although the compensation will be reduced proportionally.
Statute of Limitations
Time Limit for Filing a Lawsuit
- You generally have three years from the date of the accident to file a personal injury lawsuit in New York.
- In cases involving wrongful death, the time limit is two years from the date of death.
Why it Matters?
- Failure to file within these time frames could result in your case being dismissed.
Contact The Orlow Firm Today (646) 647-3398
Being aware of these essential laws can make a considerable difference in the outcome of your pedestrian accident case in New York. Whether you are trying to understand the No-Fault Law or figuring out how comparative negligence affects you, our team of New York City Personal Injury Attorneys at The Orlow Firm can provide the tailored advice you need. For a thorough evaluation of your case and how these laws apply to you, contact us today.
