Were you or a loved one seriously injured while walking or jogging? Check out our 4 pedestrian accident tips for guidance, then call us today.
1. Hit Walking Across The Street
Unfortunately, accidents in which pedestrians are struck are the ones that result in the most significant injuries. When someone, obviously totally unprotected, is struck by a vehicle, the result can be horrific injuries. Those accidents oftentimes involve the most debilitating and long-lasting injuries that we see, including fractures and other very severe traumas. Obviously, the victim’s first priority is to seek immediate medical treatment. That’s first and foremost, and filing the no-fault application is next.
The no-fault claim would typically address the owner of the vehicle that actually caused the injuries. As opposed to accidents in which multiple vehicles are involved – where the no-fault would run through the vehicle you’re in – this is a case where the no-fault would run through the vehicle that struck you.
As the injured person, you would have, essentially, two claims. First, your claim for no-fault benefits covers your medical expenses, wages, and certain other things for which the vehicle’s insurance would pay. Then, you’d also have a claim for bodily injury against the owner of that vehicle, which would compensate you for personal injuries that may or may not have resulted directly from the collision itself. It’s very important to submit that document immediately, especially in this type of case in which you’re dealing with a carrier who considers you an adversary right from the get-go. If you don’t get that document in within 30 days, they’re just not going to pay the bills.
2. Pedestrian Accident Damages
One of the things that we see when we’re accessing damages in a pedestrian versus car accident in New York state really involves the nature and extent of the damages and how bad the injuries are. They really can be much worse, so the value of your case is often based upon fault, shared fault or a balance of that, as well as how bad the injuries are. The damages in a pedestrian versus car accident case can be much more significant in New York state because they are not protected by any structure. They don’t have that protection of an airbag or a seat belt. The pedestrian really is defenseless against a car that’s always a couple thousand pounds of steel, plastic, and glass.
3. Choosing a Pedestrian Accident Attorney
Sometimes I’m asked, “How do I pick the best lawyer to handle my pedestrian accident claim that occurred in New York state?” We always recommend they interview the attorney. Ask them: what part of their practice focuses on this area, how many cases have they handled like this before, and what results have they gotten. It doesn’t guarantee a future result, but it give you an idea on what their experience level is, what their approach might be, how they handle it, what kind of a time frame they will give you as far as how they handle things, what they will present regarding your claim, and then how they will try to resolve it for you eventually once your treatment is concluded.
4. Pedestrian Accident Claims
I get clients who ask, “How does a car versus pedestrian claim differ from that of a regular auto accident claim in New York state?” There are some basic similarities in that the pedestrian does get no-fault benefits, what they call from the car that struck them initially. Of course, accessed levels of insurance might be available through your own personal policy. How they differ is also important. When it involves a pedestrian, usually we’re dealing with walking rights of way, crosswalks, intersections, and what the drive should or should have seen or what they did see. That would add properly to it. Whenever it’s a pedestrian, it adds a known layer of investigation regarding negligence: the happening of it, what the fields of view were, what the lighting was, and the location of the pedestrian either on the street or walkway at the time. Also, were there any witnesses? This becomes critically important with a pedestrian case because, with a car, you can see the points of impact. You can’t necessarily see the points of impact on the human body.
All of these things can help us establish how an accident happened or at least where it happened. With car versus pedestrian, there often is lacking physical evidence unless a pedestrian does some damage to the actual sheet metal or glass of the car. There are certain things that go into a pedestrian-vehicle accident that must be investigated immediately before that evidence is lost.
Were you or a loved one seriously injured while walking or jogging and have questions about our 4 pedestrian accident tips? Contact a Buffalo pedestrian accident lawyer at Andrews, Bernstein, Maranto and Nicotra today for a free confidential consultation and case evaluation. Let our experience work for you.
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