A Complete Guide To Pedestrian Accident Lawyer Dos And Don'ts
Why You Need a Pedestrian Accident Lawyer
A New York pedestrian accident attorney can assist you in recovering damages like medical bills and lost wages in the event of a crash, pain and suffering and much more. Both New York City as well as the State have laws to protect pedestrians from motor vehicle accidents.
However, even when pedestrians abide by the law, they can be struck by cars. A skilled lawyer can uncover missed opportunities to receive compensation, such as from a government agency for unsafe crosswalks and sidewalks.
Pedestrians are entitled to the right-of-way
Many people believe that pedestrians have the right to use the right of way on the streets. However, this isn't always the case. While pedestrians do have certain rights, it is important that they follow all rules of the road to ensure their safety and avoid accidents.
Pedestrians can easily get hit by cars and trucks in the event that they jump off a curb or into traffic without looking both ways. Fortunately, the law has been designed to protect pedestrians from injury caused by motor vehicles in New York and New Jersey.
When a pedestrian is hit by a car, they often suffer serious injuries that require a lot of medical treatment and ongoing care. As a result they are often confronted with major personal and financial difficulties that affect their lives. Most pedestrians are left with huge medical bills that they are forced to pay when they're not working and don't have an source of income. The emotional and physical trauma that comes from an accident with a pedestrian is often life-changing, and can have lasting consequences.
In the majority of instances, a driver's error is to blame for the accident. This can include drunk driving, distracted driving, speeding, or reckless driving. Even if a pedestrian broke the traffic rules, it's usually the driver at fault for crashing into them.
The right-of-way of a pedestrian is determined by local ordinances, state laws, and traffic signals or signs. In the majority of states pedestrians have 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. However, the law is not black and white and the question of whether a person was entitled to the right-of-way in a particular situation is a complex matter and may depend on the specific facts of the particular case.
Whatever the circumstances regardless of the circumstances, a pedestrian may seek compensation for their injuries from the driver who caused them harm. A New York pedestrian accident attorney can help you to understand the laws in your region and identify the driver responsible, and fight for all the compensation you're entitled to.
Internal Organ Injuries
If victims are struck by vehicles, their torsos endure many traumas that can cause injuries to internal organs. This type of injury often results in devastating consequences that can affect the victim's daily life including the need for lengthy surgeries and the inability to work. The medical expenses could quickly increase and the victim may need to file a lawsuit in order to recover damages from the at-fault parties.
The internal bleeding triggered by a ruptured spleen, or kidney, is more difficult to stop than external wounds. A ruptured kidney or spleen is typically fatal if it is not treated quickly, and the damage to the internal organs of the victim may affect the way other organs function.
Another frequent internal organ injury is the spinal cord injury. This is a catastrophic injury that often leads to permanent paralysis that dramatically alters the victim's life. It is not unusual for pedestrians to suffer the injury to their spinal cords in a car accident, since their heads are only secured by their skulls and they are not prepared for the sudden impact of a vehicle.
People who are hit by cars are often injured to the brain, lungs and liver. Brain injuries can cause serious complications, such as memory loss and inability to focus. A traumatic injury to the brain could cause a condition known as a coma. Lung injuries, including the pneumothorax (when air from the lungs leaks into the chest cavity) can be fatal if they're not treated immediately.
The tragic and common result of pedestrian accidents is the wrongful death in particular when the victim suffers a severe injury such as a spinal injury. Victims and their families might need to bring a lawsuit against the driver at fault and his insurance company to get compensation for funeral expenses and other financial expenses.
A pedestrian accident lawyer who is experienced and skilled can assist victims take legal action against those responsible for their accident. Our firm can work with experts, such as biomechanical engineers to provide evidence of how the collision occurred and what caused a particular injury. This type of evidence can be crucial in thwarting false claims from the at-fault party.
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Despite the existence of pedestrian crossings, sidewalks and walking bridges, pedestrians can still be injured in traffic accidents. This is because, despite the laws, regulations and accommodations that protect pedestrians from motor vehicles, some drivers are just too reckless and negligent in their operation of cars, trucks, motorcycles and other motor vehicles that travel through New York's streets.
In these types of incidents, pedestrians are often injured severely, such as a traumatic brain injury, spinal injury, and broken bones on the feet, legs and hands. Those who have suffered these injuries are likely to face substantial medical bills and lost income from missed work. That's why it is essential for them to retain an skilled NYC pedestrian accident attorney who can assist them in seeking compensation through a lawsuit.
A pedestrian who is hit by a car or a vehicle could also sustain soft-tissue injuries. This includes bruises, muscle strains and whiplash. These injuries can take a long time to heal and cause chronic pain for the victim. A skilled attorney will review all evidence related to a pedestrian's accident including medical records including police reports, photographs and medical records, and can provide an accurate and fair estimation of how much the victim is entitled to in compensation.
In addition to financial damages, pedestrians may also be entitled to compensation for other damages, such as pain and suffering (physical and emotional), humiliation, and loss of enjoyment. If your personal property is damaged, you could be entitled to compensation for the repair or replacement cost.
Oresky & Associates' attorneys can assist you in filing a pedestrian accident suit against the driver or other party accountable for your injuries. Our attorneys will fight aggressively to ensure that you receive the full amount of compensation that you are entitled to, including any future medical expenses, rehabilitation costs, lost income and property damage. Our firm is knowledgeable of every aspect of New York State law and City law that affect pedestrians. We will apply this knowledge in your case.
Permanent Disfigurement
The injuries that may occur when pedestrians are hit by a vehicle are usually devastating. This is especially true when the victim is struck on the head. This type of injury may result in brain trauma, resulting in an injury to the head or a cerebral hemorrhage. Symptoms can include blurred vision, memory loss and headache. It is essential that the patient see an emergency physician immediately and document all injuries, including any permanent scarring.
If someone is damaged or disfigured as a result of an accident, their quality of life can be severely diminished and they could suffer significant financial losses that can be compensated by civil law. Medical bills and prescriptions, surgeries and ongoing care are the most obvious and significant loss.
This can be expensive and may involve physical therapy, counseling or medical treatment for illnesses such as depression, anxiety or post-traumatic disorder. A person who has been permanently disabled may not be able to earn an income and earn as they used to. This can lead to substantial lost wages as well as a loss in future earnings which can be recouped.
Insurance companies and defendants in court typically argue that a person suffers from permanent disfigurement. Photos and videos can be used to prove that the injury is permanent. It is important that the plaintiff keep an eye on their medical records, and has them mention the disfigurement that occurred in the injury. Expert testimony is also very beneficial in proving the severity of permanent disfigurement, and its impact on the quality of life and enjoyment in their lives.
If you have been seriously injured in a pedestrian collision it is essential to know your rights and contact an experienced New York pedestrian accident attorney immediately. The attorney will review the details of your case to determine the damages you may be entitled to. The attorney will determine which parties could be held accountable for your injuries. This could include the driver of the vehicle that injured you as well as the city agency responsible for the poor maintenance of streetlights and sidewalks which contributed to your injuries, or even the company of a ride-share or delivery service driver who is on duty.