Imagine the shock and pain of being struck by a car while simply walking down the street. As a pedestrian, you have the right to feel safe, but sadly, accidents caused by negligent drivers can shatter that sense of security in an instant. It’s natural to feel overwhelmed and unsure of where to turn for help. Do you have any legal recourse? The answer is yes, pedestrians hit by a car can get compensation if another driver’s careless and negligent behavior led to the collision that caused their injuries.
If you or a loved one has been seriously injured after being hit by a car, you may be facing a long road to recovery filled with mounting medical bills, lost wages, and emotional trauma. The good news is that you don’t have to face this difficult time alone. An experienced Long Island personal injury lawyer can help you understand your legal rights and explore your options for pursuing the financial support you need and deserve.
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Proving Negligence in a Pedestrian Accident Case
Most car accidents involving pedestrians that result in legal cases rely on a theory of negligence. In other words, the injury victims must prove that the driver or other parties are liable for their injuries because their negligence caused the crash.
An injured pedestrian must prove the following four elements of negligence to support their claims for compensation.
Duty
All drivers owe a duty of reasonable care to other drivers, passengers, pedestrians, and others on the road when they operate motor vehicles. This legal duty requires drivers to follow traffic laws and drive in a generally safe manner for the benefit of others.
Violation of Duty
Common examples of negligence in car crashes including pedestrian accidents include failing to stop at stop signs or red lights, speeding, and driving while intoxicated.
When a person drives in a way that is reckless or careless and causes a collision, that person may have violated the legal duty of care. Likewise, violating traffic laws or rules can be strong evidence of a violation of the breach of duty.
Proximate Cause
Pedestrian car accident injury victims also must prove that the breach of duty by the driver directly led to the crash that caused their serious injuries. In other words, they must provide evidence that if the driver had not been negligent in driving, they would not have suffered injuries. There must be a clear connection between the collision and your injuries.
Damages
Finally, pedestrian accident victims must show evidence that they suffered injuries in the collision. Injury victims can document their injuries through medical bills, medical records, photographs, video footage, and other forms of evidence.
Parties who May Be Responsible for a Pedestrian Crash
In many cases, the liable party is the driver who caused the collision. However, if a crash involves multiple vehicles, one or more of the drivers could be at fault. As a result, more than one person may be liable for your injuries in a pedestrian collision.
Third parties also may have liability when drivers strike and injure pedestrians. For instance, if the driver was working at the time of the collision, such as a commercial delivery driver or a bus driver, the driver’s employer may share liability for the resulting injuries. An employer is generally responsible for the acts of its employees, even if the employees are negligent.
Government entities also might be responsible for their negligent employees who cause a collision while driving on the job. Like private companies, government entities can share liability for the acts of their employees.
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Common Pedestrian Accident Injuries
Pedestrians are incredibly vulnerable when struck by a vehicle, often resulting in severe injuries such as:
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones
- Internal organ damage
- Lacerations and contusions
- Amputation or disfigurement
These injuries can lead to extensive medical treatment, lengthy recovery times, and significant financial burdens.
Types of Compensation Available for Injured Pedestrians
Lawsuits against drivers and other parties for injuries that you suffer in a pedestrian crash can include various items related to your injuries. Some common examples of damages in personal injury cases can include:
- Expenses for emergency medical services, hospitalization, surgery, rehabilitation, and other forms of medical treatment
- Lost income if your injuries make you unable to work
- Permanent scarring, disfigurement, and physical impairments
- Emotional distress
- Pain and suffering
- Wrongful death damages if your loved one passed away from the accident
We can help you seek all available damages in your case, depending on the nature and extent of your injuries. A pedestrian hit by a car can get compensation for various accident-related losses, which may differ from one case to the next.
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Time Limits on Filing Pedestrian Injury Cases
It’s essential to act quickly after a pedestrian accident, as there are time limits for filing personal injury claims in New York. The sooner you contact a lawyer, the better they can preserve evidence, interview witnesses, and build a strong case on your behalf.
CVP §214 places a general three-year time limit on personal injury lawsuits. If your loved one passed away from the accident, you generally have two years to file a wrongful death lawsuit, under EPT §5-4.1. Both of these statutes include car and pedestrian injury cases.
New York law also establishes some exceptions to these general deadlines for personal injury cases. For instance, if a government entity may be liable for your crash, you may have a much shorter deadline for pursuing compensation for your injuries.
Make sure you talk to a personal injury lawyer about your case as soon as possible. If you fail to pursue your case in time, you risk forfeiting your right to seek compensation.
How a Personal Injury Lawyer Can Help After a Pedestrian Accident
Navigating the legal process after a pedestrian accident can be daunting, especially when you’re dealing with injuries, medical bills, and lost wages. Hiring a personal injury lawyer can make a significant difference in the outcome of your case and your ability to secure the compensation you deserve. Here are some ways an attorney can help:
- Investigating your case: A car accident lawyer will thoroughly investigate your accident, gather evidence, interview witnesses, and consult with experts to build a strong case on your behalf.
- Assessing damages: An experienced attorney can help you determine the full extent of your damages, including current and future medical expenses, lost income, pain and suffering, and other losses.
- Handling the insurance company: Your lawyer will communicate with insurance adjusters, negotiate settlement offers, and ensure that your rights are protected throughout the process.
- Representing you in court: If a fair settlement cannot be reached, a personal injury lawyer will be prepared to represent you in court and fight for your rights at trial.
- Providing support and guidance: Dealing with the aftermath of a pedestrian accident can be emotionally and mentally draining. A compassionate lawyer will provide the support and guidance you need during this challenging time.
Steps to Take After a Pedestrian Accident
Your actions after a pedestrian accident make all the difference in your ability to pursue a legal claim. Here’s a quick guide:
Go to the Doctor
Even if you feel fine, you need to see a doctor. Some injuries, like internal bleeding or concussions, may not appear immediately.
Call the Police
A police report is an official incident record that may include critical details about the driver’s behavior and witness statements.
Gather Evidence
Take photos of the accident scene, your injuries, and any damage to personal property. Collect the driver’s contact and insurance information and contact details for any witnesses.
Do Not Admit Fault
Refrain from making statements that could be interpreted as admitting fault, even casually.
Call an Experienced Pedestrian Accident Attorney
Consulting with an experienced pedestrian accident lawyer can help you navigate the legal process and protect your rights.
Common Defenses Used by Drivers and Insurers
Understanding potential defenses can help your lawyer prepare a stronger case. Drivers and insurers may argue:
- The Pedestrian Was at Fault:
Insurers or defense attorneys may claim you were jaywalking, crossing outside a designated crosswalk, or ignoring traffic signals. They might also argue that you were distracted, such as by using a phone or wearing headphones, and therefore contributed to the accident.
To counter this, evidence needs to be provided, such as camera footage, witness statements, or expert testimony that shows the driver’s negligence was the primary cause of the accident.
- The Injuries Are Pre-Existing:
Insurance companies often comb through medical records to find evidence of pre-existing conditions or prior injuries. They may argue that the current medical issues you are experiencing were not caused by the accident but existed beforehand.
Your attorney can work with medical experts to establish a clear link between the accident and your injuries. Detailed medical documentation and expert testimony can refute this defense.
- Exaggeration of Damages:
Insurers may accuse you of inflating the severity of your injuries or the extent of your financial losses. For example, they might question the necessity of specific medical treatments or dispute the amount of lost wages you’re claiming.
It’s important to keep thorough records of all expenses, like medical bills, treatment plans, and pay stubs.
- Sudden or Unavoidable Action by the Pedestrian:
Another common defense is to argue that the pedestrian acted unpredictably, such as darting out into traffic, leaving the driver with no time to react. This defense shifts the blame onto the pedestrian for creating a hazardous situation.
Evidence like skid marks, eyewitness accounts, and accident reconstruction reports demonstrate the driver had ample opportunity to avoid the collision.
- Poor Visibility Conditions:
Drivers may claim that poor lighting, bad weather, or obstructed views made it impossible to see the pedestrian. While these factors can contribute to accidents, they do not absolve the driver of their duty to exercise caution.
Photographs of the accident scene, weather reports, and expert analysis can be used to argue that the driver failed to take appropriate precautions despite the conditions.
The Pedestrian Accident Lawyers at Rosenberg & Gluck, LLP Can Help You
At Rosenberg & Gluck, LLP, our personal injury attorneys have extensive experience handling traffic accidents involving pedestrian fatalities and injuries. We understand the unique challenges these cases present and are dedicated to helping our clients achieve the best possible outcomes through a personal injury lawsuit.
We are here to evaluate your case and gather the evidence needed to support your case for compensation against all liable parties. We can answer your questions, address your concerns, and work to build your claim for compensation.
Call Rosenberg & Gluck, LLP for your free consultation today. Pay no attorney’s fee unless you are awarded compensation. We do provide Spanish language services as needed.
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