Pedestrian Accident
Brooklyn New York Pedestrian Accident Lawyers
Pedestrian Accident
If you or a loved one are a pedestrian that has been injured in an accident with a motor vehicle it is likely that you’ve sustained serious and permanent injuries. In 2020 over 6600 pedestrians were injured in accidents involving motor vehicles according to Vision Zero. When a pedestrian is struck by tons of metal the results are usually devastating. Pedestrians struck by motor vehicles are likely to sustain tremendous injuries including but not limited to traumatic brain injuries (TBI), fractures, lacerations, disfigurement, and fractures. If you or a loved one were a pedestrian struck by a motor vehicle you need an experienced pedestrian accident attorney to handle your case.
What are the common causes of pedestrian accidents?
- Distracted driving
- Drivers under the influence of drugs and/or alcohol
- Drivers inexperience
- Speeding
- Disobeying traffic signals and/or signs
- Failing to yield right of way.
12 Steps to follow at a pedestrian accident scene
Now that you’ve been involved in a motor vehicle accident you need to take certain steps in order to make sure you have the best chance at recovery. Here are some important steps to follow:
Assess the situation. You may be involved in an accident that requires you to get out of the roadway or a safe place to stop, if you’re in proper condition to move you should make sure you’re in a safe area to prevent the risk of being in another accident.
Call 911. You want to have police and emergency medical services (EMS) come to the scene to make a record of the accident and more importantly to provide you medical assistance. After your accident you may not immediately feel your injuries as your adrenaline has kicked in. Between that and the shock of the situation you want to make sure a trained medical professional examines you. You may not know it but you may require a hospital visit to rule out any immediate life threatening injuries such as head trauma, internal bleeding, spinal injuries, etc.
Obtain the information for all the vehicles involved including:
- License plate number
- Driver’s license of the operator
- Vehicle registration
- Insurance information
- Year, make, model, and color of the vehicles involved
- Contact information of any people that may have witnessed the accident
- License plate number
- Driver’s license of the operator
- Vehicle registration
- Insurance information
- Year, make, model, and color of the vehicles involved
- Contact information of any people that may have witnessed the accident
Take photographs of the accident scene and the vehicles involved in the accident.
Report the accident to your insurance company.
Contact an experienced personal injury attorney for advice regarding your legal options.
Contact an experienced personal injury attorney for advice regarding your legal options.
How long do I have to bring a claim or lawsuit?
Time limits are crucial when assessing an accident as a pedestrian. An accident in New York with a private non municipal vehicle is a three (3) year statute of limitations to bring a lawsuit. That means that you have to commence a lawsuit within three years of the date of the accident. That doesn’t mean that you should wait three years to bring your lawsuit. As you wait longer and longer people’s memories get worse. Witnesses may become less reliable. Details are harder to remember. You don’t want to prejudice your case by waiting. An accident with a motor vehicle owned by the City and/or municipality requires you to file a Notice of Claim within ninety (90) days and the lawsuit needs to be commenced within one (1) year and ninety (90) days. It’s important to consult an experienced attorney as soon as possible.
How will my medical bills be paid in the event of an accident with a motor vehicle?
In the event of an accident with a motor vehicle it is important that a No-Fault application is filed with the insurance company of the motor vehicle within thirty (30) days of the accident. The paperwork needs to be properly completed to preserve your rights and ability to have your medical bills covered.
What happens if I am involved in an accident with an uninsured motor vehicle?
It may seem like you may be out of luck if a motor vehicle doesn’t have insurance however you do have options. You may be able to recover from your own motor vehicle insurance policy under your SUM coverage. It is important to bring in a copy of your insurance policy to an experienced attorney to review your policy. You may also be able to recover from the Motor Vehicle Accident Indemnification Corporation (MVAIC). It is important after an accident to file a notice of intention to make a claim with MVAIC to preserve your rights.
Accidents happen to pedestrians every day in New York City. If you or a loved one have been involved in an accident you need to contact an experienced attorney that will make sure your rights are preserved.
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