Why You Need a Pedestrian Accident Lawyer
A New York pedestrian accident attorney can help you recover damages, including medical bills and lost wages in the event of a crash, pain and suffering and much more. Both New York City as well as the State have laws to protect pedestrians from motor vehicle crashes.
Even if pedestrians follow the law, they can still be struck by cars. A seasoned lawyer could discover overlooked opportunities to obtain compensation, such as from a government agency for unsafe crosswalks and sidewalks.
Pedestrians have the right of way
Many people believe that pedestrians have the right of way when they are on the streets. This isn't always the case. While pedestrians have certain rights, they must follow all the rules of the road to protect their safety and avoid collisions with motor vehicles.
Pedestrians can easily get hit by trucks and cars in the event that they jump off the curb or run into traffic without noticing the other side. Fortunately, New York and New Jersey have laws that protect pedestrians.
When a pedestrian is hit by a vehicle, they often suffer severe injuries that require extensive medical attention and ongoing treatment. They are often faced with massive financial and personal challenges that impact their daily lives. Most pedestrians are left with huge medical bills that they have to pay even when they're not working and don't have an income source. The emotional and physical trauma that comes from an accident on the road is usually life-changing, and can have lasting consequences.
In the majority of instances, the driver's carelessness is the primary cause of the collision. This can be due to distracted driving, drunk driving, speeding, and reckless driving. Even if a pedestrian violates the traffic rules and was unable to obey it, it's the driver responsible for crashing into them.
State laws, local ordinances and traffic signals or signs can determine the right of way a pedestrian has. In the majority of states, pedestrians have right-of-way only if they are in a designated crosswalk with a walk signal and abide by any other traffic laws. The law is not black-and-white and can be complex. It may also depend on the circumstances of a case.
A pedestrian can 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 who is at fault, and fight for all the compensation you deserve.
Injuries to the Internal Organs
When people are struck by vehicles, the torsos undergo a lot trauma that could result in internal organ injuries. This type of injury usually causes severe consequences that drastically affect the victim's daily life, such as the need for long-term surgery and the inability to work. The medical expenses could quickly increase, and victims may have to file a lawsuit in order to get compensation from the at-fault parties.
The internal bleeding that results from a ruptured spleen, also known as a kidney is more difficult to stop than external wounds. A ruptured kidney or spleen is usually fatal unless it is treated immediately and the victim's internal damage can affect how well other organs function.
Another frequent injury to internal organs is the spinal cord injury. This is a catastrophic injury that can lead to permanent paralysis that drastically changes a victim's lifestyle. In a car crash it is not unusual for pedestrians who are protected by their skull to sustain a spinal injury.
People who are hit by cars are often injured to the brain, lungs and liver. Brain injuries can cause serious complications such as memory loss and inability to concentrate. A traumatic injury to the brain may cause a condition known as a coma. Lung injuries like a pneumothorax, which happens when air from the lungs escapes into the chest cavity, can also be fatal if not treated promptly.
The tragic death of a loved one is yet common consequence of pedestrian accidents, particularly when the victim suffers from an injury to the spinal cord or a similar catastrophic injury. The victims or their loved ones may need to bring a lawsuit against the driver at fault and his insurance company in order to seek compensation for funeral costs and other financial expenses.
A knowledgeable and experienced pedestrian accident lawyer can assist victims take legal action against individuals or businesses responsible for their collision. Our firm can consult experts, including biomechanical engineers, in order to establish the circumstances under which the collision took place and led to a specific injury. This type of evidence can be crucial in thwarting false claims from the party at fault.
Broken and scarred Bones
Despite the presence of crosswalks, sidewalks and walking bridges, pedestrians are still able to be injured in traffic accidents. This is because, despite the laws, regulations and accommodations designed to protect pedestrians from motor vehicles, some drivers are just negligent and reckless in their operation of cars, trucks, motorcycles and other motor vehicles that travel through New York's streets.
In these kinds of accidents pedestrians are usually injured seriously, including with trauma to the brain, spinal injury, and fractured bones on the legs, feet, and hands. People who have suffered injuries like these will likely face significant medical bills as well as lost income from missed work. This is why it is important for them to retain an skilled NYC pedestrian accident attorney who can help them obtain compensation through a lawsuit.
If a pedestrian is struck by a car or another kind of vehicle, they could also suffer soft tissue injuries that may include bruising, muscle sprains and strains, as well as whiplash. These injuries can take months to heal, and can cause ongoing pain for the victim. Lowell injury lawyers will review the evidence of a pedestrian accident, including medical records, police reports and photos, in order to give a precise and fair estimate of the amount of compensation a victim is entitled to.
In addition to economic damages, pedestrians may also be entitled to compensation for non-economic damages, like suffering and pain (physical and emotional), humiliation, and loss of enjoyment in life. If your personal property is damaged, you could also be entitled to compensation for repair or replacement cost.
An attorney from Oresky & Associates can guide you through the procedure of filing a pedestrian injury lawsuit against a motorist or another person responsible for your injuries. Our lawyers will fight for you to receive the compensation you are entitled to. This includes all of your future and current medical costs, rehabilitative care as well as lost income and property damage. Our firm is knowledgeable of all of the provisions of New York State law and City law that affect pedestrians. We will apply this knowledge for your case.
Permanent Disfigurement
If a pedestrian gets hit by a vehicle the injuries that result could be devastating. This is particularly true if the pedestrian is hit on the head. This kind of injury could result in a brain injury which can cause a concussion, or even the traumatic brain hemorrhage known as a brain bleed. The symptoms can include blurred vision, memory loss, and headache. It is essential for the patient to visit an emergency physician immediately and record all injuries including any permanent disfigurement or scarring.
If a person is severely damaged or disfigured because of an accident their quality of life may be substantially reduced and they may suffer substantial financial losses that could be compensated by civil law. Medical bills, prescriptions, surgeries, and ongoing care are the most obvious and significant expenses.
This can be expensive and may include physical therapy, counseling or medical treatment for conditions such as depression, anxiety or post-traumatic disorder. Someone who is permanently disabled may not be able to earn an income and earn as they once did. This can lead to substantial lost wages and the loss of future earnings that can be recouped as well.
Insurance companies and defendants in court frequently dispute the fact that a person suffers from a permanent disfigurement. Videos and photographs can be used to prove the injury is permanent. It is also important for the plaintiff to keep an eye on all their medical records and to be able to refer to the disfigurement as a result of the injury. Expert testimony is also very helpful in proving the severity of permanent disfigurement, and its impact on a person's level of living and enjoyment of life.
It is important that you know your rights if you've been seriously injured in a pedestrian accident. Contact a seasoned New York pedestrian injury attorney immediately. The attorney will review the facts of your case and determine the kind of damages you're entitled to recover. The attorney will also explore which parties could be held liable for your injuries. It could be the driver of the vehicle that struck you, the city agency responsible for the shoddy maintenance of streets and streetlights which contributed to your injuries or even the company of a delivery or ride-share service driver on duty.