Why You Need a Pedestrian Accident Lawyer
Pedestrians who are struck by cars have a greater chance of suffering devastating injuries. Common injuries can include broken or fractured bones, internal organ damage, severe brain injury, spinal cord trauma, and disfigurement.
A NYC pedestrian accident lawyer will help victims recover compensation to cover future and present medical costs, rehabilitation care costs as well as lost wages resulting from missed work and other damages.
What to do after a Pedestrian Accident
When you're walking along a street, even with pedestrian crossings and sidewalks there is a risk of being hit by the vehicle. If you are walking across the street, or jogging back to your car after a shopping spree pedestrians could suffer serious injuries or death if struck by a motor vehicle. If you've been hit by a car while you were on the sidewalk, it's crucial to immediately take action to protect your rights as a legal person and your financial interests. An experienced New York pedestrian accident lawyer can assist you through the complex process of filing an injury claim.
You should seek medical treatment as soon as you can after a pedestrian collision. This should be done prior to discussing the incident with any insurance companies. Your adrenaline could mask any symptoms or pain, therefore it is essential to get an examination and diagnosis from a physician. Delays in seeking treatment can hinder your ability to claim compensation for the losses or injuries you sustained.
After you've sought medical attention, contact the police and submit an official report. You must get the name of the officer, his badge number and the case number that was assigned to him. It will be much easier to obtain the police report once it's completed. It's also helpful to write down any additional statements you give to the police officer, so that you have a clear, complete picture of what happened.
If you own a smartphone, make sure you snap photos of the scene and the injuries. This could be a crucial piece of evidence to back your claim. Last but not least you should try to obtain the names and contact details of any witnesses who were present at the time of the accident. This will be helpful evidence to back your claim, as it is difficult to establish fault without the testimony of the other parties involved in the collision.
An attorney can evaluate your claim and determine the kinds of damages you're entitled to. This could include current and future medical expenses, rehabilitation costs, lost wages due to missed work, emotional distress, property damage as well as pain and suffering. A pedestrian accident attorney will be able to maximize your compensation by ensuring that all your losses are appropriately accounted for and properly documented.
Establishing Liability
Your lawyer can help you determine who is responsible for your injuries and help you build an effective case against the party responsible or parties. They will collect evidence such as eyewitness testimony, CCTV footage and police reports to help strengthen your case. They also collaborate with accident reconstruction experts who can recreate the scene to determine the factors that affect speed, impact angle and other factors.
While the at-fault party in an accident involving pedestrians is usually the driver who struck you, other parties could be liable for your injuries. If it is proven that poor lighting or an obstruction to vision was a factor in the accident, then you could also claim the government agency that is responsible for road conditions. Depending on your state's laws, you may be entitled to compensation under the driver's no-fault insurance policy.
Your lawyer may also look over any evidence from a hit-and run accident and attempt to locate the driver that fled the scene. If you were injured by an impaired driver, it is particularly important to ensure that the driver is held accountable for his or her actions.
In some states, pedestrians can also be accountable for failing to take security measures. In New York, for example, pedestrians must obey traffic signals and signs and remain vigilant in areas with high traffic volumes. If a judge decides that you contributed to your accident in some way, your damages could be reduced by an amount proportional to the amount of fault.
Your NYC pedestrian accident lawyer will assist you in obtaining compensation for any current or future medical expenses, lost wages from working hours missed as well as suffering and pain as well as property damage, among other losses you've suffered. They will work with leading industry experts to accurately assess your losses so that they reflect the full impact of your accident on your life. They can also negotiate with insurance companies to ensure that you're compensated fairly, and that you don't fall victim to unfair tactics. They can even manage interactions with insurance companies to ensure that you aren't forced to accept less than you deserve.
How to File a Claim
Pedestrian accident cases can be complicated and difficult to navigate without an experienced attorney. The decision of whether to declare an insurance claim or sue to recover damages for your injuries and losses isn't always clear, and deciding the wrong way could have a devastating financial impact. If you're hit by a car, for example it might be the best option to settle the matter with your insurance company, however their offers often do not cover all of your damages.
It is important to seek medical attention for any injuries you have suffered. It is important that you document the severity of the injury and the effects it has on you like physical discomfort, emotional distress and loss of quality. It is also important to keep track of any costs you incur as a result of the accident, like medical bills, lost wages due to 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 Boston accident attorney that have no-fault laws the personal injury protection policy of the driver, which is part of the majority of car insurance policies will pay for pedestrian's injuries regardless of who was who is at fault for an accident. In other cases the pedestrian's auto insurance could be in place, based on the type of insurance coverage.
Before filing any type of insurance claim, it is crucial to consult an New York pedestrian injury lawyer. Insurance companies are not only experts in paying claims for less than they are worth however, they are also able to spot loopholes in the law that could prevent you from recovering all of your losses.
Shaevitz & Shaevitz, an experienced attorney for pedestrian accidents will assist you in determining the best way to recover your losses. We will review any settlement offer made by the insurance company and ensure that it is sufficient to cover your losses which include medical bills, lost wages from missed workdays, emotional distress, and the cost of rehabilitation. In some cases, we can also assist in seeking compensation from other parties who might be responsible for your losses, for instance, 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 due to the absence of work. There may be ongoing pain and emotional distress. You need an attorney who can help you get the maximum amount of compensation. The best choice is a lawyer with expertise in claims for pedestrian accidents. They know how to determine the total amount of your damages and how to deal effectively with insurance companies.
A NYC pedestrian accident attorney who has experience can gather evidence in court to show that pedestrians have the right to use the right of way in many traffic situations. They will rely on witness testimony or video footage as well as police reports to build a strong case on your behalf. This will give you the best chance to recover the compensation you are entitled to for medical expenses, lost wage, and other damages resulting from the accident.
You will only receive the compensation that you need after being hit as a pedestrian by a vehicle if you employ a lawyer. Your lawyer will also safeguard you against being taken advantage of the insurance company of the driver at fault and negotiate an appropriate settlement for you.
Depending on the extent of your injuries you may be entitled to compensation for economic and non-economic damages. Economic damages are the amount of medical expenses as well as the loss of your income, whereas non-economic damages are for your suffering and pain.
New York is an insurance no-fault state. This means that any claim for injury must be reported to the insurance company for cars of the driver who is at fault. If your injuries are serious you may sue directly the driver for negligence.
A pedestrian accident lawyer must be contacted as soon as possible following your collision because the statute of limitations is extremely brief. A knowledgeable and experienced lawyer can guide you through the process and make sure you have all of the necessary evidence before the deadline expires.