When Pedestrians are Struck and Injured, Our Bronx Pedestrian Accident Attorney Defends Their Rights

In a world of fast-moving cars and trucks, many of which are massive, pedestrians nearby are extremely vulnerable. While everyone on the road needs to follow traffic laws and take certain precautions, there is only so much someone can do to protect themselves while on foot. It is largely the responsibility of drivers to look out for pedestrians, yield the right of way, and maintain a safe distance.

Unfortunately, not all drivers pay due attention to those on foot. Distracted driving is becoming more common, and with the prevalence of large trucks on the road, blind spots leave drivers unaware of people walking, jogging, or cycling near their vehicles.

Being struck by a vehicle can be catastrophic for anyone on the road, but the risk for pedestrians is disproportionately high. Without hundreds of pounds of metal protecting them, the damage and injuries caused can be far greater than what another driver might experience in a collision. In severe cases, pedestrian accidents can lead to traumatic brain injuries, broken bones, loss of limbs, or even death.

You may be entitled to significant compensation if you or a loved one has been struck and injured in a pedestrian accident.

Pedestrian accidents can be traumatic, forever changing the trajectory of your life. The decision to file a claim can significantly impact your recovery, but these cases are often complex. Fortunately, you don’t have to fight this battle alone. Call our Bronx pedestrian accident attorney today at (516) 399-2364 for a free consultation.

Steps to Take After a Pedestrian Accident

Seek Medical Attention, Preserve Evidence, and Call a Bronx Pedestrian Accident Lawyer

You’re likely disoriented, terrified, and in pain when you’ve been struck by a vehicle. It can be challenging, if not impossible, to make measured decisions in this scenario, but the No. 1 priority is your immediate well-being. Yet beyond your short-term health, there are important actions you can take in the aftermath of a pedestrian accident that can have a much longer-term impact on your life.

Maintain Control of the Situation

As difficult as it may be, do your best to remain calm and maintain your composure. Even though you have every right to be upset, casting blame, shouting, or threatening the driver who struck you could potentially impact your claim. Remember that anything you do or say following an accident can potentially be used by insurance companies or the defendant’s lawyers against you.

Call for Medical Help

Do not neglect your injuries, even if you think they are minor. Many injuries worsen over time if left untreated, so seek medical attention as soon as possible. Also, remember that rejecting medical attention may hurt your case, as insurance companies can cite this as evidence that you were not injured.

Preserve Evidence of the Accident

If possible, document the accident scene, or have someone do this for you by taking photos of the vehicle, your injuries, or any relevant conditions. Also, collect and preserve your medical records, doctor’s bills, police reports, and witness statements, as these documents can provide vital evidence supporting your claim.

Reach Out to a Reputable Bronx Pedestrian Accident Attorney

When it comes to pedestrian accident claims, time is of the essence. To give your case a head start, contact our Bronx pedestrian lawyer as soon as possible. Call us at (516) 399-2364; we can help you maximize the compensation you receive for your injuries and other damages.

Defining Fault

New York’s No-Fault System

New York is a no-fault state regarding car accidents involving pedestrians. In a no-fault state, each party’s insurance company is responsible for covering their insured’s medical expenses, regardless of who was at fault for the accident. Non-economic damages such as pain and suffering are not covered.

However, there are exceptions to the no-fault rule. In certain cases of serious injury that exceed the threshold of damages, the injured party may be able to pursue a personal injury lawsuit against the at-fault driver. Filing a personal injury claim also opens up the door for pursuing other damages like pain and suffering, potentially increasing the payout of your claim.

Determining Negligence

The Comparative Negligence Principle

Comparative negligence is a legal principle that apportions fault and damages in personal injury cases when more than one party is considered at fault. New York is one of the states that follow this principle. This means that injured parties can still pursue and obtain compensation for damages despite bearing some degree of liability. However, the amount of damages recovered will likely be determined by each party’s degree of fault.

When Negligent Driving Leads to a Pedestrian Accident

In pedestrian accident cases, there are many scenarios where a driver can be shown to have acted negligently. Drivers who failed to yield to pedestrians using a crosswalk, violated traffic laws, were speeding or engaged in distracted driving may be deemed negligent, increasing their degree of fault. However, remember that even if a pedestrian was partially at fault, this does not necessarily impact their ability to file a personal injury claim.

Damages and Compensation

In a personal injury claim following a pedestrian accident, you may be able to pursue several different types of damages. Depending on the nature of the accident and your resulting injuries, you could seek compensation for economic and non-economic damages.

Economic Damages

Economic damages are intended to compensate for the injured party’s measurable, tangible, and specific financial losses. Economic damages are a key component of personal injury lawsuits and are meant to help victims recover financially after an accident or injury. Some types of economic damages include:

  • Medical expenses — doctor’s visits, medications, surgeries, treatments, hospital stays, and long-term medical care
  • Property damage – for any of your items that were damaged or destroyed in the accident
  • Lost wages — including missed work or future earning capacity.

Non-Economic Damages

Non-economic damages are compensation awarded to an injured party in a personal injury lawsuit to account for losses that are not easily quantifiable in monetary terms. Unlike economic damages, non-economic damages are more subjective and relate to the intangible and non-monetary impacts of the accident on the victim’s life and well-being, such as:

  • Pain and suffering, including emotional and psychological distress
  • Loss of quality of life, such as disability, inconvenience, and loss of dignity and independence
  • Disfigurement, including permanent scarring or loss of a body part.

How a Pedestrian Accident Lawyer Can Help

Having a Skilled Legal Expert on Your Side Can Make All the Difference

Our experienced pedestrian accident attorneys focus on personal injury law and understand the complex interplay of insurance companies, injury claims, degree of fault, and the calculation of damages. When you decide to work with us, we provide the following:

  • Expert legal advice and guidance
  • Aggressive representation in court, if needed
  • Document preparation and filing
  • Thorough research and investigation
  • Evidence gathering and preservation
  • Persuasive negotiation with insurance companies
  • Compliance with regulations and relevant laws
  • Fierce advocacy and protection of your rights.

At Tucker Lawyers PC, we are fiercely devoted to our clients and want to help pedestrian accident victims recover from their injuries and rebuild their lives as comfortably as possible. We know how to push for maximum compensation and won’t rest until we’ve secured the amount you deserve.

Contact our experienced pedestrian accident lawyer for a confidential case evaluation. Let us handle the legwork, so you can focus on your recovery. Contact us now by calling (516) 399-2364.

FAQs About Bronx Pedestrian Accidents

Questions Our Bronx Pedestrian Accident Attorneys Often Hear from Clients

As you navigate this process and consider your options, you will likely find yourself researching and looking up online information to better understand your situation. However, every pedestrian accident is unique, and victims searching for insight often wind up with more questions than answers. The surest way to get a full picture of your situation and options is to speak with a personal injury lawyer, but in the meantime, here are some answers to some of the most common questions we get from clients.

  • How long do I have to file a claim after a pedestrian accident?

    In New York, the statute of limitations for personal injury claims, including pedestrian accidents, is generally three years from the accident date.

  • Should I talk to the insurance company?

    No, you mustn’t speak with the driver’s insurance company. They will try to settle for the lowest possible amount, and anything you say could be used against you. Throughout the process, leave correspondence and negotiations with insurers in your lawyer’s hands.

  • What if a faulty traffic signal or road condition caused the accident?

    If the accident resulted from a malfunctioning traffic signal or hazardous road condition, it might involve a claim against the government entity responsible for road maintenance. These cases can be more complex due to governmental immunity laws, but pursuing compensation is still possible. An experienced attorney can navigate such cases and help establish liability.

  • What if the pedestrian accident led to the death of a loved one?

    If a pedestrian accident results in the tragic loss of a loved one, surviving family members may be able to pursue a wrongful death claim.

For More Answers, Contact Us Today

Don’t see an answer to your question? We are happy to help. Reach out to our Bronx pedestrian accident attorney to talk about your case. We welcome you to contact us with any other questions you may have.

Why Choose the Pedestrian Accident Attorneys at Tucker Lawyers?

When you need a knowledgeable legal representative in the Bronx, contact Tucker Lawyers. Our accomplished legal team has the specialized knowledge and experience needed to recover the compensation that our clients deserve after a pedestrian accident injury.

Remember: We don’t get paid unless you do, too.

We believe that all victims deserve justice, and we will fight tirelessly to secure the financial compensation that you are owed after your accident.

For a free consultation, contact our team of Bronx pedestrian accident lawyers at (516) 399-2364.

john tucker

Managing Attorney John. J. Tucker, Esq.

John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]

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