Why You Need a Pedestrian Accident Lawyer
A New York pedestrian accident attorney can help you recover damages such as medical bills and lost wages as well as pain and suffering and many more. Both New York City and State have laws in place to protect pedestrians from motor vehicle accidents.
However, even when pedestrians follow the law, they can be struck by vehicles. A knowledgeable lawyer may uncover missed opportunities to receive compensation, for instance, from a government agency to fix unsafe sidewalks and crosswalks.
Pedestrians are entitled to the right-of-way
Many people believe that pedestrians have the right-of-way when they're out on the streets. However, this isn't the case. While pedestrians do have certain rights, it is essential that they adhere to all rules of the road to ensure their safety and avoid accidents.
The risk for pedestrians is being struck by trucks or cars in the event that they suddenly cross a curb, or if they run into traffic not looking in both directions. Luckily, New York and New Jersey have laws to protect pedestrians.
When a pedestrian is hit by vehicles, they often suffer severe injuries that require extensive medical treatment and ongoing care. As a result, they often face significant personal and financial difficulties that impact their daily lives. Many times, pedestrians are faced with massive medical bills that they have to pay when they're not working and have no other source of income. The emotional and physical trauma that comes from an accident on the road is usually life-changing, and can have lasting consequences.
In the majority of cases, it was the driver's fault was to be blamed for causing a collision. This includes distracted driving, drunken driving speeding, and reckless driving behind the wheel. Even if a pedestrian has violated a traffic rule, it's usually the driver at fault for hitting them.
State laws, local ordinances and traffic signals or signs can determine a pedestrian's right of way. In YouTube of states, pedestrians are entitled to the right of way if they're in a crosswalk marked with an indication for walking and obeying all other traffic laws. The law is not black-and-white and may be a bit ambiguous. It could depend on the specific circumstances of a particular case.
No matter what the circumstance any pedestrian can claim compensation for their injuries from the driver that caused them harm. It is essential to have a seasoned New York pedestrian accident lawyer on your side to help know the laws in your area, determine who was responsible for the accident, and fight for the total settlement you deserve.
Internal Organ Injuries
When victims are struck by vehicles, their torsos experience lots of trauma which can result in injuries to internal organs. This type of injury can have devastating consequences on the life of the victim as well as the necessity for long-term surgery and the inability work. These medical costs can swiftly grow, and victims may need to file a lawsuit in order to recover damages from the party who are at fault.
If the person who is injured has kidney or spleen injury the organ may rupture, causing internal bleeding that is not as easily stopped as external wounds. A ruptured kidney or spleen is usually fatal unless it is treated quickly, and the injury to the victim's internal organs may affect the way other organs function.
A spinal cord injury is another common ailment to internal organs. This is a devastating injury that can lead to permanent paralysis, which drastically alters the victim's life. In a car crash it is not unusual for pedestrians who are protected by their skulls to sustain a spinal injury.
People who are struck by cars usually suffer injuries to the lungs, brain, and liver. Brain injuries can be very serious and result in a variety of complications, such as loss of memory and the inability to concentrate. A brain injury that is traumatizing can also lead to a condition known as a coma. Lung injuries, such as pneumothorax, which happens when the air in the lungs leaks in to the chest cavity, could also be fatal if not treated immediately.
The tragic and common result of pedestrian accidents is wrongful death particularly when someone suffers a devastating injury, such as a spinal injury. Victims or their loved ones may need to file a suit against the person who caused the accident and his insurance company to recover compensation for funeral costs and other financial loss.
A skilled and knowledgeable pedestrian accident lawyer can assist victims take legal action against individuals or businesses responsible for their crash. Our firm can consult experts, including biomechanical engineers, in order to establish the circumstances under which the collision occurred and caused the injury. This type of evidence is essential in preventing frivolous defenses from the at-fault parties.
Scars and Broken Bones
Despite the existence of sidewalks and crosswalks, pedestrians are still at risk for injuries in traffic accidents. This is due to the fact that, despite laws, regulations and accommodations that protect pedestrians from motor vehicles Some drivers are negligent and reckless when operating motorbikes, trucks, cars and other motor vehicles that are parked on New York's streets.
Pedestrians often sustain serious injuries in these kinds of incidents which include traumatic brain injuries, spinal cord injury and fractured bones in the feet, hands and legs. Anyone who has suffered these injuries are likely to be faced with significant medical bills as well as lost earnings due to missing work. That's why it is crucial for them to hire an experienced NYC pedestrian accident lawyer who can assist them in seeking compensation through a lawsuit.
If a pedestrian is struck by a car or other kind of vehicle, he or she may also suffer soft tissue injuries that may include bruising, muscle strains and strains, as well as whiplash. These injuries may take months or longer to heal, and they can cause long-term pain and discomfort for the victim. A skilled attorney can review the evidence of a pedestrian accident, including police reports, medical records and photographs, in order to give a precise and fair estimate of the amount of compensation to which a victim is entitled to.
In addition to financial damages pedestrians could also be entitled to compensation for noneconomic injuries, including pain and suffering (physical and emotional), humiliation, and loss of enjoyment. Additionally, if your personal property was damaged by the accident, you could be entitled to recover the cost of repair or replacement costs.
An attorney from Oresky & Associates can guide you through the process of filing a pedestrian crash lawsuit against a driver or other party responsible 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, rehabilitative care costs, lost income and property damage. Our law firm is acquainted with all the various sections of New York State and City law pertaining to pedestrians, and we'll use this knowledge to the benefit of your case.
Permanent Disfigurement
When a pedestrian is hit by a vehicle, the injuries that result can be catastrophic. This is especially true when the person is struck on the head. This type of injury can lead to brain trauma that results in concussions, or a traumatic brain hemorrhage also known as a brain bleed. The symptoms can include blurred vision, memory loss, and headache. It is important for the victim to see an emergency physician immediately and record all injuries including any permanent disfigurement or scarring.
Someone who is damaged or disfigured due to an accident could suffer a significant loss in quality of life as well as financial losses. These losses can be paid out under civil law. The most obvious and significant financial loss are medical bills for treatments or prescriptions, surgeries and ongoing care that will be needed to manage the effects of permanent scarring or disfigurement.
It can be costly and could include physical therapy, counseling or medical treatment for illnesses such as depression, anxiety, or post-traumatic disorder. Someone who is permanently disfigured may also be unable to earn a living and perform the work they used to. This can result in substantial lost wages and an eventual loss of earnings that could be recouped as well.
Insurance companies and defendants in court typically argue that a person has an irreparable disfigurement. Photographs and videos are helpful in proving that the damage is in fact permanent. It is also crucial for the plaintiff to keep track of all their medical records, and to be able to refer to the disfigurement as part of the injury. Expert testimony is also very helpful in proving the severity of permanent disfigurement as well as its impact on the quality of living and enjoyment of life.
If you've been seriously injured in a pedestrian collision, it is important to be aware of your rights and contact an experienced New York pedestrian accident attorney immediately. The lawyer will examine the facts in your case to determine what damages you may be entitled to. The lawyer will also determine the parties who could be held responsible for your injuries. This could include the driver of the vehicle that struck you or a city agency responsible for shoddy sidewalks or street lights that were not functioning properly which contributed to your accident, or the company of an on-duty delivery driver or ride-share driver that was involved in your accident.