Why You Need a Pedestrian Accident Lawyer
A New York pedestrian accident attorney can help you recover damages like medical bills, lost wages, pain and suffering, and more. Both New York City as well as the State have laws to protect pedestrians from motor vehicle accidents.
But, even if pedestrians obey the law, they may be struck by cars. A knowledgeable attorney could discover undiscovered opportunities to seek compensation, for instance, from a government entity for unsafe crosswalks and sidewalks.
Pedestrians Have the Right-of-Way
Many people believe that pedestrians have the right to use the right of way on the street. This isn't always the case. While pedestrians have certain rights, they also must follow all the rules of the road to ensure their safety and avoid accidents with motor vehicles.
Pedestrians can easily get hit by trucks or cars in the event that they jump off a curb or run into traffic without looking both ways. Luckily, the law was designed to protect pedestrians from injuries caused by motor vehicles in New York and New Jersey.
When a pedestrian is hit by a vehicle and suffers severe injuries that require intensive medical attention and ongoing treatment. They often face serious financial and personal issues that impact their daily lives. Many pedestrians must pay massive medical bills when they aren't working and earn no income. The physical and emotional trauma that comes from an accident with a pedestrian is often life-changing and may have long-term consequences.
In the majority of instances, a driver's error is the primary cause of the accident. This includes distracted driving, drunken driving, speeding and reckless driving behind the wheel. Even if the pedestrian was breaking some sort of traffic rule, it is typically the fault of the driver that they crashed into them.
The right-of-way of a pedestrian is determined by local ordinances, state laws and traffic signals. In the majority of states, pedestrians have right-of-way if they are in a crossing with a signal for walking and obeying any other traffic laws. The law isn't a simple black-and white and may be a bit ambiguous. It may also depend on the circumstances of a case.
A pedestrian is able to claim damages against the driver responsible for their injuries, regardless of the circumstances. A New York pedestrian accident attorney can assist you in understanding the laws of your area and identify the driver responsible, and fight for all the compensation you are entitled to.
Internal Organ Injuries
When people are struck by vehicles, their torsos suffer a lot of trauma that can lead to internal organs being injured. This kind of injury typically results in devastating consequences that can impact the victim's day-to-day life and can result in the need for lengthy surgeries and the inability to work. The medical expenses can quickly add up and the victims may have to file a lawsuit to get compensation from the at-fault parties.
The internal bleeding caused by an injured spleen or kidney, is more difficult to stop than external wounds. A ruptured kidney or spleen can cause death if not treated promptly. The internal injuries to the victim can affect other organs.
Another frequent internal organ injury is the spinal cord injury. This is a devastating injury that often leads to permanent paralysis that dramatically changes a victim's lifestyle. It is not unusual for pedestrians to suffer an injury to their spinal cord in a car crash, since their heads are only protected by the skull and they are generally unprepared for the sudden impact of a vehicle.
Injuries to the brain lung, liver, and lungs are also common for people injured by automobiles. Brain injuries can be very serious and cause a range of complications, like loss of memory or inability to concentrate. A trauma to the brain could result in a insanity. Lung injuries, like the pneumothorax (when air from the lungs leaks into the chest cavity) can also be fatal if they're not treated promptly.
Wrongful death is a tragic yet common consequence of pedestrian accidents, especially if the individual suffers an injury to the spinal cord or other catastrophic injury. Victims and their families might be required to bring a lawsuit against the driver who was at fault and his insurance company to recover compensation for funeral costs and other financial loss.
A pedestrian accident lawyer who is experienced and skilled can assist victims file a lawsuit against the people accountable for their injuries. Our firm is able to consult with experts, such as biomechanical engineers, to provide evidence of how the collision occurred and how it led to an injury. This kind of evidence is critical in preventing frivolous defenses from at-fault parties.
Broken and swollen Bones
Despite the presence of sidewalks and crosswalks, pedestrians are still vulnerable to injury in traffic accidents. This is due to the fact that despite the laws, regulations and accommodations that protect pedestrians from motor vehicles certain drivers are negligent and reckless in the operation of their cars, trucks, motorcycles and other motor vehicles that are parked on New York's streets.
Pedestrians are often injured seriously during these kinds of accidents, including traumatic brain injury or spinal cord injury, as well as broken bones in the feet, hands and legs. Those who have suffered these injuries will likely face significant medical bills as well as lost earnings due to missing work, which is why it is essential for them to hire an experienced NYC pedestrian accident lawyer who can assist them in seeking compensation through a lawsuit.
When a pedestrian is hit by a car or another kind of vehicle, he might also suffer soft tissue injuries that may include bruising, muscle sprains and strains, and whiplash. These injuries can take months to heal, and can cause ongoing pain for the victim. A skilled attorney will review the evidence relating to an accident involving a pedestrian including medical records as well as police reports and photos, and can provide an accurate and fair assessment of how much an injured person should receive in compensation.
In addition to the economic damage pedestrians could also be entitled to compensation for noneconomic damages, like pain and suffering (physical and emotional) humiliation, loss of enjoyment in life. Additionally, if your personal property was damaged by the accident, you could be entitled to recover compensation for the repair or replacement costs.
Oresky & Associates' attorneys can assist you in filing an action for a pedestrian's accident against a driver, or any other person responsible for your injuries. Our lawyers will fight to get you the compensation you deserve. This includes all of your future and current medical expenses, rehabilitation care, lost income, and property damage. Our law firm is acquainted with all the various sections of New York State and City law pertaining to pedestrians, and we will use this knowledge to the benefit of your case.
Permanent Disfigurement
When a pedestrian is hit by a car the resulting injuries can be catastrophic. This is especially true when the victim is struck on the head. This type of injury may result in brain trauma, which can result in a concussion or a traumatic cerebral hemorrhage. The symptoms can include blurred vision, memory loss and a headache. Bloomington injury lawsuit is essential that the victim see a doctor right away and document all of their injuries, including any permanent scarring or disfigurement.
Someone who is injured or disfigured due to an accident may suffer substantial loss of quality of life as well as financial losses. These can be compensated under civil law. Medical bills and prescriptions, surgeries and ongoing care are the most obvious and significant expenses.
This can be very costly and will likely include physical therapy and psychological counseling as well as medical care for conditions like depression, anxiety, or post-traumatic stress disorder. A person who is permanently disfigured may also be unable to make a living and work as they used to. This can lead to substantial lost wages as well as a loss in future earnings which can be recovered.
The process of proving that someone suffers from a permanent disfigurement can be a challenge and is often disputed by insurers or litigants in court. Videos and photographs can be helpful in proving that the damage is indeed permanent. It is also crucial for the plaintiff to keep an eye on all medical records and to have them reference the disfigurement as part of the injury. Expert testimony can also be extremely beneficial in proving the extent of a permanent disfigurement and the impact it has on a person's quality of life and enjoyment of life.
If you've been seriously injured in a pedestrian collision it is crucial to be aware of your rights and speak with an experienced New York pedestrian accident attorney immediately. The attorney will review the facts in your case to determine the damages you could be entitled to. The attorney will determine the parties who could be held accountable for your injuries. It could be the driver of the vehicle that injured you or the city agency that is responsible for the shoddy maintenance of streetlights and sidewalks that contributed to your injury or even the company of a ride-share or delivery service driver on duty.