New York’s personal injury law firm
Click For Your Free ConsulationPosted in Pedestrian accidents on November 25, 2022
Pedestrian accidents in Brooklyn can be horrific to witness. A person struck by a motor vehicle can be crushed, slammed into an object, or thrown a great distance. The result in life-threatening conditions and catastrophic injuries.
Were you hit by a car walking through Brooklyn? If so, you probably have stacks of unpaid medical bills. Unfortunately, you are responsible for paying your medical bills.
However, you have a few options to seek reimbursement for the cost of medical treatment. In addition to no-fault insurance, you might also have a claim against the driver who hit you for damages caused by the accident.
New York requires drivers to have minimum amounts of car insurance, including Personal Injury Protection (PIP) coverage. PIP is no-fault insurance. This type of car insurance pays benefits regardless of who caused the accident.
If you have PIP coverage for your vehicle, your no-fault insurance should pay your medical bills for the pedestrian accident. If you do not have PIP coverage, but a family member living with you has PIP coverage in New York, their policy can cover your medical bills from the pedestrian accident.
The driver’s PIP insurance can pay your medical bills if you nor your family members living with you have no-fault car insurance coverage. If no PIP coverage is available, you could also use your health insurance to pay the medical bills for a pedestrian accident. However, if you receive a personal injury settlement, you might be required to reimburse the health insurance company for the bills it paid.
Even though New York is a no-fault state, accident victims can sue an at-fault driver if their injuries meet the serious injury threshold. Serious injuries include significant disfigurement, fractures, permanent impairments, and other conditions. Many pedestrian accident victims sustain at least one severe injury that meets the threshold.
When you sue the driver who hit you, you have the burden of proving negligence. A negligence claim requires you to prove the following:
If you prove your case, you could recover compensation for your physical injuries, financial losses, and emotional distress.
However, if you are partially to blame for the cause of the accident, New York’s contributory fault law could apply. As a result, your compensation for damages could be reduced by your percentage of fault. Insurance companies often pursue this defense to reduce the amount they must pay to settle a personal injury claim.
Personal injury claims for pedestrian accidents can include compensation for economic damages. These damages represent the monetary losses you incurred because of the other person’s negligent act. Economic damages for a pedestrian accident claim can include:
In addition to receiving compensation for monetary losses, you can also claim damages for pain and suffering. PIP insurance does not compensate victims for non-economic damages. A claim against the driver could include compensation for the following:
Numerous factors impact how much a personal injury claim is worth. However, the value of the damages typically increases as the severity of the injuries increases.
The insurance company may dispute your claim. If so, you might need to hire a Brooklyn pedestrian accident lawyer to fight for a fair settlement or file a personal injury lawsuit.
Sadly, most causes of pedestrian accidents are preventable. Examples of negligent behavior that can lead to a pedestrian accident include:
In some cases, a malfunctioning traffic signal or a defectively designed intersection could contribute to the cause of a pedestrian accident. Adverse weather conditions can also increase the risk of an accident.
If you were hit by a motor vehicle, it is crucial that you seek prompt medical care for your injuries. Documenting your injuries and damages increases the chance that you receive the compensation you deserve for damages. A Brooklyn personal injury lawyer can help you with your claim from start to finish, and most offer a free consultation to review your case.
If you need legal assistance, contact the New York City pedestrian accident lawyers at Law Offices of Jay S. Knispel Personal Injury Lawyers at your nearest location to schedule a free consultation.
We have two convenient locations in New York:
Law Offices of Jay S. Knispel Personal Injury Lawyers – New York City Office
450 7th Ave #1605
New York, NY 10123
(212) 564-2800
Law Offices of Jay S. Knispel Personal Injury Lawyers – Brooklyn Office
26 Court St Suite 2511
Brooklyn, NY 11242
(718) 802-1600