If you suffered injuries in a pedestrian collision caused by another party’s negligence, Rosenberg & Gluck, L.L.P. can help you fight for compensation. A pedestrian accident lawyer from our firm serving Mineola can investigate the circumstances of your injuries, gather evidence, and build a persuasive case. We can provide informed legal advice and aggressive representation during your pedestrian collision case.
Rosenberg & Gluck, L.L.P. is a contingency fee firm. You do not have to pay legal fees unless you get a monetary settlement or award.
Standing up for Your Rights After a Pedestrian Collision
If a driver or other party’s negligent actions caused you to be hurt in a pedestrian collision, you might deserve to be compensated for your damages. You may be entitled to reimbursement for medical expenses, lost wages, and more. You may also be able to recover compensation for your pain and suffering and other non-financial losses.
New York Law Specifically Protects Pedestrians
In general, drivers have an obligation to obey the law and drive with reasonable prudence. Because motor vehicle collisions involving pedestrians often result in severe injuries and fatalities, New York has a law specifically intended to prevent pedestrian collisions.
Per VAT § 1146, drivers must use reasonable care to avoid colliding with pedestrians. They are also expected to use the vehicle’s horn to warn when a pedestrian collision may be imminent.
Driver Liability for Pedestrian Crashes
A driver may be considered liable for a pedestrian collision if they:
- Do not pay attention to their surroundings
- Fail to yield the right-of-way to pedestrians in the crosswalk
- Text and drive
- Drive under the influence of intoxicating substances
- Run a red light or stop sign
Drivers who cause pedestrian collisions because they are not driving responsibly may face fines and even jail time. These criminal consequences punish the driver, but they do not get restitution for the injured pedestrian.
A personal injury case against the driver may allow the pedestrian, or the pedestrian’s surviving family, to get financial compensation. Note that you may still win a civil case against the at-fault driver even if they do not face criminal charges.
Getting Financial Recovery After a Pedestrian Collision
Most of the time, the party responsible for compensating a pedestrian collision victim is the at-fault driver’s insurance company. However, the liable party may also be a government entity or another party.
Through a pedestrian collision lawsuit, you may be awarded compensation for:
- Lost income because of missed work
- Medical costs, including expenses associated with physical therapy, inpatient care, surgery, medical devices, medication, doctor’s appointments, psychological counseling, and more
- The diminishment of your income-earning ability caused by physical impairment
You may also get compensation for non-monetary damages such as your:
- Pain and suffering
- Mental and emotional anguish
- Scarring and disfigurement
What You Can Do After Losing a Loved One in a Fatal Pedestrian Collision
If your loved one died because of injuries sustained in a pedestrian collision, you might be able to bring a wrongful death lawsuit against the responsible party. Your case may help you get justice for your deceased loved one. You may also receive compensation for your damages.
Damages in a wrongful death case may include:
- Loss of the victim’s support
- Physical pain and psychological suffering experienced by the victim
- Medical expenses
- Funeral costs
Benefits of Working with a Pedestrian Collision Lawyer
There are many different ways that a pedestrian accident lawyer from Rosenberg & Gluck, L.L.P. serving Mineola can help you if you or a loved one were the victim of a pedestrian collision.
At Rosenberg & Gluck, L.L.P., we know how to help victims of negligence pursue compensation for their damages. We also know how hard it can be to get the compensation you may deserve.
We use many different strategies to build a persuasive case. Rosenberg & Gluck, L.L.P. can help you by:
- Gathering evidence of the defendant’s liability and your damages
- Representing you during settlement negotiations
- Handling discussions with the insurance company and other involved parties
- Answering your questions
- Explaining your rights and standing up for those rights
- Identifying if defective road design or other forms of government negligence contributed to the collision
- Consulting with experts, including medical specialists and economists
- Advocating for you during a personal injury trial
Deadlines Your Pedestrian Collision Case May Be Subject to
If you want to seek compensation for your injuries or your loved one’s death, you need to act quickly. The personal injury statute of limitations is generally three years, per CPLR § 214. The wrongful death statute of limitations is generally two years, per EPTL § 5-4.1.
Some situations can shorten the length of time that you have to file a claim. For example, if poor intersection design or other road defects caused the collision, you may need to file a lawsuit against a municipality. In this case, you would have only 90 days to file a notice of claim per GMU § 50-E.
A pedestrian accident lawyer from Rosenberg & Gluck, L.L.P. serving Mineola can help you understand all the deadlines you will need to meet.
Call Us Today for a Free Case Evaluation
If you want to learn more about your legal right and options following a pedestrian collision, reach out to Rosenberg & Gluck, L.L.P. today.
Your initial consultation is free, and you pay a fee only if we successfully get you a monetary recovery. Our law firm is equipped to serve clients in Spanish.
Call us today at (631) 451-7900 for a cost-free case assessment.