On the road, pedestrians are clearly the most vulnerable users. Unlike those protected by a metal shell and airbags inside vehicles, pedestrians have nothing to shield them from a collision.
Even a seemingly minor bump between a car and a pedestrian can result in severe injuries, lifelong disabilities, or even death. This inherent vulnerability makes pedestrian safety a paramount concern.
If you’ve been injured as a pedestrian in an accident, the aftermath can be incredibly stressful. Medical bills can pile up quickly, and you may be unable to work while you recover from your injuries.
Dealing with insurance companies and navigating the complexities of the legal system can be daunting and confusing. You may not be sure where to turn or how to ensure you receive fair compensation for your suffering.
A Nassau County pedestrian accident lawyer from the CEO Lawyer Personal Injury Law Firm can be a valuable asset during this difficult time. We will work on your behalf to investigate the accident, gather evidence, and negotiate with the insurance company to ensure you receive the compensation you deserve for your injuries.
An experienced lawyer can also represent you in court if necessary, protecting your rights and advocating for a just outcome. Work with one of ours today when you call (516) 689-1132.
Why You Need a Nassau County Pedestrian Accident Attorney
While minor pedestrian accidents with clear fault and minimal injuries may not necessitate a lawyer, seeking legal counsel can be crucial in several situations. However, higher value claims might mean a more difficult time recovering damages, which may mean you need the help of an expert pedestrian accident attorney to get a fair value.
Here are some reasons why you might need a Nassau County pedestrian accident attorney:
- Serious Injuries: Pedestrian accidents often result in severe injuries, like broken bones, head trauma, and spinal cord damage. The medical bills associated with these injuries can be overwhelming. An attorney can help you recover compensation for your medical expenses, both current and future.
- Lost Wages: Depending on the severity of your injuries, you may be unable to work for a while or even permanently. A Nassau County pedestrian accident attorney can fight to get you compensation for lost wages and lost earning potential.
- Complex Legal Issues: Personal injury law is complex, and navigating the insurance claim process on your own can be challenging. An attorney can handle the legal aspects of your case so you can focus on your recovery.
- Dealing with the Insurance Company: Insurance companies are not always on your side. An attorney can negotiate with the insurance company on your behalf and fight for the maximum compensation you deserve.
- Shared Fault Laws: New York has shared fault laws, which means that the amount of compensation you receive may be reduced if you are found to be partially at fault for the accident. An attorney can help protect your rights and ensure that you are not unfairly blamed for the accident.
If you have been injured in a pedestrian accident in Nassau County, contacting a qualified attorney is the best way to protect your rights and get the compensation you deserve.
What Counts as a Pedestrian Accident?
Pedestrian accidents, or pedestrian-vehicle collisions, are dangerous incidents where a motor vehicle strikes a person on foot. Due to the vulnerability of pedestrians compared to those inside vehicles, these accidents can be life-altering or even fatal.
The gravity of pedestrian accidents is evident in the statistics. According to the Centers for Disease Control and Prevention (CDC), nearly 8,000 pedestrians died in traffic crashes involving a motor vehicle in 2021, translating to roughly one death every 66 minutes.
An estimated 104,000 pedestrians required emergency department visits in 2020 for injuries sustained in crashes. This means pedestrian fatalities account for one in six traffic-related deaths.
Factors that Cause Pedestrian Accidents
Several factors contribute to pedestrian accidents. Driver behavior is a major culprit, including distracted driving (texting, talking on the phone, eating), driving under the influence, speeding, reckless driving, and failing to yield to pedestrians at crosswalks or intersections.
Pedestrian actions can also play a role, such as jaywalking, distracted walking, walking under the influence, or wearing dark clothing at night. Finally, environmental factors like poor road design or lighting, lack of designated crosswalks, and bad weather conditions can increase the risk of accidents.
Pedestrian accidents can occur in various ways, such as turning vehicle accidents when a car fails to yield to a pedestrian, backup accidents when a driver reversing out of a driveway or parking spot collides with a pedestrian behind them, or multiple threat accidents that occur when multiple vehicles stop for a pedestrian creating confusion and increasing the risk of an accident. Intersection accidents and bus-related accidents are other common types.
Preventing Pedestrian Accidents
There are several measures we can take to improve pedestrian safety, including improving the infrastructure of the road with proper crosswalks, improved lighting, and dedicated pedestrian lanes. Stricter enforcement against distracted driving, speeding, and drunk driving can also make a difference.
Public awareness campaigns that educate both drivers and pedestrians about safe practices are crucial. Finally, improved vehicle technology with features like automatic emergency braking and pedestrian detection systems can aid in reducing accidents.
Understanding the causes, types, and preventive measures for pedestrian accidents is vital in creating safer roads for everyone. If you are involved in a pedestrian accident, it’s important to consult with a pedestrian accident attorney to understand your legal rights, as the pedestrian or driver may be liable for damages depending on the circumstances.
How to Get Compensation for Your Pedestrian Accident in Nassau County?
In the aftermath of a pedestrian accident, seeking compensation for your injuries can help ease the financial burden. There are two main avenues in New York State: filing a personal injury protection claim or filing a claim with the at-fault driver’s insurance company.
Other avenues exist, such as pursuing a personal injury lawsuit, though this is usually the last option a lawyer will recommend. Consulting with a Nassau County personal injury lawyer is recommended to navigate the legal process and determine the best course of action for your specific case.
Personal Injury Protection
New York’s Personal Injury Protection (PIP) offers a layer of security even for those not driving their car at the time of an accident. As long as you’re a policyholder, PIP can extend coverage to you if you’re injured as a passenger in any vehicle, on a motorcycle, or even as a pedestrian struck by a car.
This ensures that you receive financial help for medical bills and lost wages regardless of who caused the accident—a major benefit in a no-fault state like New York.
Now, the minimum PIP coverage required by New York State is $50,000 per person per accident. This means your insurance policy must provide at least this amount to cover medical expenses, lost income, and other essential costs arising from an accident.
It’s important to remember that $50,000 is the minimum, and depending on your needs, you might choose to purchase additional PIP coverage.
It’s important to understand that PIP applies to policyholders, not necessarily all road users. Pedestrians, for instance, wouldn’t automatically have PIP coverage unless they are covered under someone else’s policy.
If you’re a pedestrian injured in an accident and don’t have PIP, then seeking compensation might involve filing a claim against the at-fault driver’s liability insurance. This highlights the importance of understanding the limitations of PIP and considering additional coverage options if needed.
Keep in mind that whatever route you take to recovery, you will have only up to three years after sustaining your injuries to take action, as per the New York State statute of limitations.
Third-Party Liability Insurance
Third-party liability covers bodily injury and property damage caused to others in an accident a driver is responsible for. There are two parts to this coverage: Bodily Injury Liability and Property Damage Liability.
For bodily injury liability, the minimum coverage required by New York State is $25,000 per person for injuries and $50,000 per accident for total injuries. This means that the driver’s insurance company will cover at least $25,000 in medical bills and other damages for each person injured in the accident, up to a total of $50,000 for all injured people.
There’s also a minimum requirement of $10,000 in property damage liability coverage. This covers damage to another person’s car or property caused by the accident.
Liability insurance is a crucial resource for pedestrians injured in accidents. In situations where pedestrians either do not have PIP coverage or have exhausted their PIP coverage, the at-fault driver’s liability insurance can become a secondary source of compensation.
If the driver was responsible for the accident, their liability coverage could help pay for remaining medical bills, lost wages, and other damages exceeding PIP limits.
That said, it should be noted that, unlike PIP, liability insurance requires you to determine fault. Under New York’s comparative negligence system, you may still make a claim even if you share a portion of the blame, but the amount you can recover will be deducted from total damages based on the degree of fault assigned to you.
UM/UIM Insurance
Uninsured/Underinsured Motorist (UM/UIM) insurance can be a valuable resource in unexpected situations. Like PIP, this coverage applies not just to drivers but also to pedestrians injured by negligent motorists.
There are two key scenarios where UM/UIM proves beneficial for pedestrians; firstly, if you’re struck by a driver who has no insurance, UM kicks in to cover your medical bills, lost wages, and other damages. This can be a lifesaver, especially with serious injuries.
Secondly, UM/UIM comes into play if the at-fault driver has insurance, but their coverage limits are insufficient to cover your expenses entirely. This is where Underinsured Motorist (UIM) steps up, bridging the gap between the at-fault driver’s policy and your UM/UIM limits.
Hit-and-run accidents present another circumstance where UM/UIM becomes crucial. With no identified driver or insurance information, traditional avenues for compensation disappear, but UM coverage can still provide financial support for pedestrians in such hit-and-run cases.
It’s important to remember that UM/UIM claims can involve complexities. Consulting with a Nassau County personal injury attorney familiar with pedestrian accident cases is recommended to ensure you navigate the process effectively and maximize your chances of a fair settlement.
Personal Injury Lawsuits
After pedestrian injuries are sustained in an accident, and after exploring initial options like PIP from your own auto insurance, third-party liability coverage from the at-fault driver’s insurance, and UM coverage (if applicable), you may still have recourse through a personal injury lawsuit.
PIP and UM coverages have specific limits and may not fully compensate for severe injuries. Third-party liability depends on the at-fault driver having adequate insurance, which isn’t always the case.
A personal injury lawsuit allows you to seek compensation directly from the at-fault party, potentially exceeding insurance coverage limits. An experienced personal injury lawyer can guide you through this process, navigate complex legal issues, and fight for the compensation you deserve.
It’s important to understand that even after taking the legal route, most personal injury lawsuits never actually see a courtroom. This is because litigation is expensive and time-consuming for both parties.
The threat of a lawsuit, however, holds significant power. Knowing they could face a trial and potentially high judgments, at-fault parties are often more willing to negotiate a fair settlement to avoid the uncertainties and costs of court.
Work With a Nassau County Pedestrian Accident Law Firm Today
Have you been injured as a pedestrian in an accident in Nassau County? Our Nassau County personal injury law firm understands the physical, emotional, and financial toll such accidents take.
At the CEO Lawyer Personal Injury Law Firm, we have a proven track record of success in securing maximum compensation for our clients. Our team of experienced and dedicated attorneys has a deep understanding of New York personal injury law and the complexities of pedestrian accident cases.
We are relentless advocates for our clients, working tirelessly to investigate the accident, negotiate effectively with insurance companies, and achieve the best possible outcome for your case.
Call us today at (516) 689-1132 for a free consultation. We’ll listen to your story, answer your questions, and advise you on your legal options.
