Car accidents can be traumatic events for anyone involved, whether it is a driver or passenger. However, it can be especially traumatic when a pedestrian is involved and has been struck by a vehicle. Given the volume of vehicles on the road today, pedestrians may be more at risk than ever of being hit by a car.
Unlike those inside of motor vehicles, pedestrians lack safety equipment that would protect them from harm or death in the event of a collision. In fact, almost 5,500 pedestrians were killed in motor vehicle accidents in the United States alone in 2015, and nearly 130,000 more were treated for non-fatal injuries as a result of these accidents in emergency rooms.
If a pedestrian is hit by a car and is lucky enough to survive, the injuries they sustain are typically severe, very expensive, and sometimes permanent. When this happens, is there coverage available to the pedestrian victim? We will cover this in the article below.
An NY pedestrian accident lawyer can be valuable to your case if you or a loved one has been involved in an accident. Brandon J. Broderick, Attorney at Law has experience in dealing with such cases and is here to help.
What Should You Do After Being Involved in An Accident?
The two most important steps a pedestrian injured in an auto accident should take is: 1. Seek medical care immediately; and 2. Avoid discussing the accident's specifics with the other driver's insurance company.
While the majority of pedestrian accident victims are taken directly from the accident scene to the emergency room by ambulance, there are some instances where it's a less severe accident, and the injured pedestrian may be tempted to refuse an ambulance because they feel fine. Getting care in the emergency room is important. Why? First, because the victim is likely in shock after the incident and may not feel any pain because of this. Visiting an E.R. enables the early detection of injuries that may not be immediately apparent. Second, it provides documentation of the symptoms and injuries one encounters following an accident, enabling that individual to receive the correct treatment from specific specialists they require in order to begin the healing process.
If a victim refuses medical care and later develops adverse symptoms or injuries, the insurance company can use your refusal for medical attention against you to reduce your compensation or deny your claim completely. Delaying medical care merely provides the at-fault driver's insurance company the chance to blame the pedestrian's injuries on something other than the collision.
Without the presence of their attorney, an accident victim should never provide an insurance company for the opposing driver with a statement. It is customary for the other insurance company to request an audio recording from the hurt pedestrian. Although the insurance representative may seem sympathetic, they are not on your side. If you say anything that hinders your case, they can use it against you.
No-Fault Insurance in New York
The state of New York follows the "no-fault" insurance system. This means that, no matter who is at fault, the other driver's no-fault insurance will pay up to $50,000 in economic damages for a pedestrian injury. This covers all ambulance, hospital, physical therapy, and doctor expenses linked to the accident, as well as the price of any prescription drugs and any diagnostic procedures like x-rays, CT scans or MRIs. Loss of earnings for the injured pedestrian of up to $2,000/month is also covered by the opposing driver's no-fault insurance.
However, non-economic damages such as pain and suffering, lifelong disability, and disfigurement are not covered by the at-fault driver's insurance.
The "No-Fault'' system in New York was first created to enable injured parties to receive prompt medical attention without the parties having to argue over who was at fault. But as the law evolved, insurance companies created restrictions that keep injured pedestrians from obtaining their no-fault payouts. A knowledgeable New York personal injury lawyer is aware of all the tricks and can help guide you through the process to receiving justice.
Who Is Liable?
Who is responsible for a pedestrian's injuries? As in any situation, if the vehicle's owner gave the driver permission to use the vehicle, both the owner and the driver may be held liable. Additionally, even though a lawsuit cannot be filed in this situation, we can check to see if the victim of the accident has access to their own insurance coverage. If your injuries exceed the amount of coverage provided by the no-fault insurance policy of the other car, you may pursue what is known as an underinsured motorist claim against your own insurance company under the terms of your own insurance policy.
Hit by a Car in New York? Our Pedestrian Accident Lawyers Can Guide You Through It
If you or a loved one are a pedestrian accident victim, you are entitled to seek compensation. The legal team at Brandon J. Broderick has helped a number of clients in New York obtain the compensation they needed after suffering injuries in an accident as a pedestrian.
Our experience has allowed us to earn victories for our clients and ensure they have the money to move on with their lives. Let us help you make it through it. Call our office today, schedule a free consultation with Brandon, and let's take the first step toward resolution.