Why You Need a Pedestrian Accident Lawyer
pedestrians who are hit by cars are at a higher risk for catastrophic injuries. Common injuries include fractured or broken bones, internal organ damage, traumatized brain injuries or spinal cord injury and disfigurement.
A skilled NYC pedestrian accident lawyer will help victims recover compensation for current and future medical expenses, rehabilitation expenses, loss of income because of missed work, and other damages.
What to do after a Pedestrian Injury
If you walk along a road even if it has crosswalks and sidewalks, you're at risk of being hit by a motor vehicle. When crossing the street or jogging to your car for groceries, pedestrians face the risk of serious injuries and even death when struck by a vehicle. If you've been hit by a car while you were on foot, it's important to take immediate action to protect your rights as a legal person and your financial interests. A New York pedestrian accident attorney can guide you through the complicated process of submitting personal injury claims.
It is also important to seek medical attention immediately following a pedestrian accident. This should be done prior to discussing the incident with any insurance company. Your adrenaline can mask symptoms or pain, so it's essential to obtain medical examination and a diagnosis from a physician. In the event of delay, it can severely hinder your ability to recover compensation for your losses and injuries.
After you've sought medical attention, you should contact the police and submit a report. You should obtain the name of the officer, his badge number and the case number that was assigned to him. It will be much easier to get an exact copy of your police report after it's completed. It's also helpful to write down any additional information you provide to the police officer so you can have a complete, clear image of what transpired.
If you own a smartphone, make sure you snap photos of the scene as well as the injuries. This can be important evidence to back your claim. Finally, try to find the names and contact numbers of any witnesses at the scene of the accident. This will provide evidence to support your claim, since it is difficult to determine fault without the testimony of the other parties involved in the collision.
An attorney will evaluate your claim and determine what kinds of damages you're entitled to. This could include future and present medical costs, rehabilitative expenses, lost wages due to missing work, property damages emotional distress or pain and suffering and emotional distress. A pedestrian accident lawyer will maximize your compensation by ensuring that all your losses are accurately documented and accounted for.
Establishing Liability
Your lawyer can assist you in identifying who is responsible for your injuries, and help you build an argument against the party or parties accountable. They will collect evidence such as eyewitness testimony, CCTV footage and police reports in order to strengthen your case. They also work with accident reconstruction experts who can recreate the scene to determine the factors that affect speed, impact angle, and other factors.
While the party responsible for a pedestrian accident is typically the driver that hit you, other parties could also be held accountable for your injuries. This includes the government body responsible for road conditions in the event that it is proved that inadequate lighting or blocked views contributed to your accident. You could be entitled, depending on the laws in your state, to compensation under the no fault policy of the driver.
In addition, your lawyer can review any evidence of a hit-and run accident and try to locate the driver who left the scene. This is particularly important if you've been injured by an impaired driver.
In certain states, pedestrians are also accountable for failing to take the necessary precautions to ensure their safety. In New York for example, pedestrians must obey traffic signals and signs and remain vigilant when in areas with a lot of traffic. If a judge determines that you were responsible for your accident in any way, your damages may be reduced by a percentage proportional to the amount of blame.
Your NYC pedestrian accident lawyer can help you recover compensation to pay for any medical expenses you might have incurred, including future ones, lost wages due to missed workdays, and the pain and suffering. They can also assist you in obtaining compensation in the event of property damage or other damage. They will work with industry experts to accurately estimate your losses, to ensure that they reflect your accident's full impact on your life. They can also negotiate with insurance companies to ensure that you're compensated fairly and don't fall victim to bad-faith tactics. They can also handle your interactions with insurance agents to ensure that you don't have to take a lower offer.
How to File a Claim
Pedestrian accidents can be a bit complicated and confusing to navigate without the help of a seasoned attorney. It's not always clear whether you should file an injury claim or file a lawsuit for damages. The wrong choice can result in devastating financial consequences. For example choosing to settle with an insurance company may seem like a sensible option after being struck by a vehicle, but the reality is that their offer may not fully cover all of your losses.
You should seek immediate medical attention for any injuries you've suffered. It is important that you note the severity of the injury and its effects like physical pain, emotional distress, and loss of quality. It is crucial to keep track of all expenses related to the accident. This includes medical expenses, lost income from working hours missed, and property damage.
The next step is to file an insurance claim with the driver's or vehicle owner's insurer. In states that are no-fault, the driver's personal injury protection coverage is typically a included in all car insurance policies will take care of pedestrian's injuries, regardless of who is at fault for the accident. In some instances the pedestrian may be covered by their own auto insurance, depending on what type of insurance they have.
Before filing any type of insurance claim, it's essential to speak with a New York pedestrian injury lawyer. Not only are insurance companies adept at settlements for claims that are less than they are worth however, they also know how to find loopholes in the law that could hinder you from recovering all of your losses.
Shaevitz & Shaevitz, an experienced pedestrian accident lawyer can assist you in determining the best way to recover your losses. We can examine any settlement that the insurance company offers to ensure that it covers your damages including medical bills and lost wages due to missed workdays and emotional distress and the cost of rehabilitation. In some instances, we can also assist with seeking compensation from other parties who might be liable for your losses, such as the city for poorly-designed pedestrian crossings and sidewalks or a business if an driver on duty strikes you.
Recovering Compensation
Being hit by a car is a shocking and life-altering incident. You could be required to pay for expensive medical bills and lose earnings because of missed work. It can also cause you to suffer from constant emotional and physical pain. If you are in this position you require a lawyer who will assist you in obtaining the maximum amount of compensation. The best option is an attorney with expertise in claims for pedestrian accidents. They know how to calculate your full damages and how to communicate effectively with insurance companies.
Pedestrians have the right of way in many traffic situations and a seasoned NYC pedestrian accident lawyer can gather evidence to show this in court. They will use witness testimonies as well as video footage and police reports to build a strong case on your behalf. This will give you the best chance of recovering the compensation you are entitled to cover your medical bills or lost wages, as well as other damages caused by the crash.
You can only get the amount of compensation you require after being hit by a pedestrian vehicle when you hire a lawyer. Your lawyer will also protect you against being taken advantage of the insurance company of the driver who was at fault and negotiate an equitable settlement for you.
Depending on the severity of your injuries, you may be eligible for compensation for your economic and non-economic damages. Santa Maria accident lawyer can include medical expenses and lost income. Non-economic damages include pain and suffering.
It is important to remember that New York is a no-fault insurance state, which means that your claim for injury will start with the driver at fault's insurance company. If your injuries are serious, you can sue directly the driver for their negligence.
A pedestrian accident lawyer should be contacted as soon as you can following the collision because the statute of limitations is extremely brief. A qualified and experienced lawyer will be able guide you through the process and make sure you have all the necessary evidence before the deadline ends.