Why You Need a Pedestrian Accident Lawyer
A experienced New York pedestrian accident lawyer can help you recover damages for your medical bills as well as lost wages resulting from working hours missed, pain and suffering and much more. Both New York City as well as the State have laws that protect pedestrians from crashes caused by motor vehicles.
Even if pedestrians obey the law, they may still be hit by vehicles. An experienced attorney can uncover missed opportunities to obtain compensation, like from a government entity for unsafe sidewalks or crosswalks.
Pedestrians Have the Right-of-Way
Many people believe that pedestrians have the right to use the right of way walking on the street. However, this isn't always the case. While pedestrians have certain rights, they must observe all the rules of the road to ensure their own safety and avoid collisions with motor vehicles.
The risk for pedestrians is being struck by cars or trucks in the event that they suddenly cross the curb or cross the street while not looking in both directions. Fortunately, the law has been designed to help protect pedestrians from being hurt by motor vehicles in New York and New Jersey.
If a pedestrian is struck by a vehicle, they often suffer severe injuries that require intensive medical care and ongoing care. They are often confronted with significant financial and personal difficulties that impact their daily lives. Many pedestrians are required to pay for medical expenses that are huge when they aren't working and earn no income. The physical and emotional trauma that comes from an accident with a pedestrian is often life-changing and can have long-term consequences.
In most cases, the driver's fault was to the blame for a collision. This can include drunk driving, distracted driving, speeding, and reckless behavior behind the wheel. Even if a pedestrian violates an ordinance and was unable to obey it, it's the driver who is at fault for hitting them.
A pedestrian's right-of-way can be determined by state laws, local ordinances, and traffic signals or signs. In most states pedestrians are entitled to the right of way when they're in a crosswalk marked with an indication for walking, and they're in compliance with all other traffic laws. The law is not black-and-white and may be a bit ambiguous. It may depend on the circumstances of a particular case.
A pedestrian is able to sue the driver responsible for their injuries, irrespective of the circumstances. It is crucial to have a seasoned New York pedestrian accident lawyer on your side to help you learn the laws applicable to your area, determine who was responsible for your accident, and fight for the total amount of compensation you are entitled to.
Internal Organ Injuries
If victims are struck by vehicles, their torsos experience a lot of trauma which can result in injuries to internal organs. This type of injury usually causes severe consequences that drastically impact the victim's day-to-day life, such as the need for long-term surgeries and the inability to work. The medical expenses can quickly increase, and victims may have to file a lawsuit to seek compensation from the responsible parties.
The internal bleeding triggered by a ruptured spleen, also known as a kidney, is more difficult to stop than external wounds. A ruptured kidney or spleen can be fatal if not treated immediately. The internal damage to the victim may also affect other organs.
A spinal cord injury is another common injury to the internal organs. This is a catastrophic injury that often leads to permanent paralysis that drastically alters the life of the victim. In the event of a car crash, it is not uncommon for pedestrians only protected by their skull to suffer a spinal injury.
People who are struck by cars usually suffer injuries to the lungs, brain, and liver. Brain injuries can cause serious complications, such as memory loss and a loss of focus. A traumatic injury to the brain may result in a insanity. Lung injuries, including the pneumothorax (when air from the lungs escapes into the chest cavity) can be fatal if they are not treated promptly.
A tragically fatal but common occurrence in pedestrian accidents, particularly when the victim suffers from a spinal cord injury or another serious injury. Victims and their loved ones may be required to file a lawsuit against the at-fault driver, and the driver's insurance company to seek compensation for funeral expenses and other financial loss.
A pedestrian accident lawyer who is knowledgeable and experienced can assist victims take legal action against the people responsible for their accident. Our firm can work with experts, such as biomechanical engineers to provide evidence of the manner in which the collision occurred and the way it caused a particular injury. This type of evidence is essential in thwarting frivolous defenses from the at-fault parties.
Broken and scarred Bones
Despite the existence of crosswalks, sidewalks and walking bridges, pedestrians are still able to be injured in traffic accidents. This is due to the fact that 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.
Pedestrians often sustain serious injuries during these kinds of accidents, including traumatic brain injury or spinal cord injury, as well as broken bones in the hands, feet and legs. Merced accident lawyer YouTube who have suffered injuries like these are likely to face substantial medical bills and lost income due to missed work. This is why it is essential to seek out an experienced NYC pedestrian accident lawyer who can assist them in seeking compensation through a lawsuit.
A pedestrian who is struck by a car or a vehicle could also sustain soft-tissue injuries. These can include bruises, muscle strains, and whiplash. These injuries can take several months to heal and cause chronic pain for the victim. A knowledgeable attorney will go over the evidence relating to an accident involving a pedestrian, including medical documents including police reports, photographs and medical records and provide an accurate and fair estimate of the amount the victim should receive in compensation.
In addition to the economic damage, pedestrians may also be entitled to compensation for non-economic damages, such as suffering and pain (physical and emotional), humiliation, and loss of enjoyment in life. If, in addition, your personal property was damaged by the accident, you may be entitled to compensation for its repair or replacement costs.
An attorney from Oresky & Associates can guide you through the process of filing a pedestrian injury lawsuit against a driver or other person responsible for your injuries. Our lawyers will fight for you to receive the compensation you deserve. This includes all of your future and current medical costs, rehabilitative care loss of income, property damage. Our firm is knowledgeable of all of the provisions of New York State law and City law that pertain to pedestrians. We will apply this knowledge for your case.
Permanent Disfigurement
If a pedestrian is struck by a car the resulting injuries can be severe. This is particularly true if the pedestrian is hit on the head. This kind of injury can lead to brain trauma that results in concussions, or the traumatic brain hemorrhage known as a brain bleeding. The symptoms can include blurred vision, memory loss, and headaches. It is crucial that the patient consults an immediate doctor and records any injuries, including permanent scarring.
Someone who is disfigured or scarred because of an accident can suffer a substantial loss of quality of life and financial losses. These can be paid out under civil law. The most obvious and significant financial loss are medical bills for treatment such as prescriptions, surgeries, and ongoing care required to treat the effects of the permanent scarring or disfigurement.
It can be extremely expensive and will likely include physical therapy as well as psychological counseling, or medical care for ailments like anxiety, depression or post-traumatic stress disorder. In addition to these costs those who are permanently disabled is often not able to work and earn a living as they once did. This can result in significant lost wages as well as the loss of future earnings that could be recouped.
Insurance companies and defendants in court often contest the claim that a person has permanent disfigurement. Photos and videos can help in establishing that the injury is in fact permanent. It is essential that the plaintiff keeps the medical records of their patients, and has them reference the disfigurement in the injury. Expert testimony can be useful for proving the extent of permanent disfigurement, and the impact it has on a person's quality of living and enjoyment of life.
If you've been severely injured in a pedestrian crash, it is important to know your rights and contact an experienced New York pedestrian accident attorney immediately. The attorney can review the facts of your case and determine the kinds of damages you are entitled to recover. The lawyer will also determine which parties may be held liable for your injuries. It could be the driver of the vehicle that struck you as well as the city agency responsible for the shoddy maintenance of streets and streetlights that contributed to your injury, or even the company of a delivery or ride-share service driver who is on duty.