According to the Governor’s Highway Safety Association, pedestrian fatalities have increased almost every year for the past decade and now account for a substantial amount of traffic fatalities each year. While everyone believes that the pedestrian has the right of way, this is not always legally correct, the New York Department of Transportation reports. Whether a driver, a pedestrian, or both are at fault, typically the injuries sustained by the pedestrian are severe. Call a pedestrian accident lawyer in Hauppauge, NY from Rosenberg & Gluck, L.L.P. at (631) 451-7900 to understand your rights as a pedestrian and learn how you may be able to receive compensation for your injuries.
How Negligence Can Lead to a Pedestrian/Car Collision
Pedestrians often suffer serious injuries after being hit by a car. To recover compensation, the pedestrian must be able to establish the other party was negligent.
Some common negligent actions of drivers that result in pedestrian injuries include:
- Not yielding the right-of-way
- Inattention to surroundings
- Talking or texting on a cell phone
- Driving while under the influence of alcohol or drugs
Drivers have a responsibility under New York law to drive responsibly and exercise due care. Drivers who fail to uphold this responsibility may be liable for any injuries they cause.
Types of Injuries Pedestrians Can Suffer
As previously stated, the injuries associated with being hit by a car are typically serious or even fatal. The following are common when a vehicle hits a pedestrian:
- Broken bones and fractures
- Extremity injuries including lacerations, burns (road rash), and bruising
- Soft tissue injuries including sprains, bruises, and muscle damage
- Spinal cord injuries
- Traumatic brain injuries (TBI)
- Emotional and mental trauma
If you were hit by a car and suffered any of the above injuries, contact a pedestrian injury lawyer as soon as possible. Witnesses, police reports, and evidence need to be immediately documented and investigated. Contact a pedestrian accident lawyer in Hauppauge, NY from Rosenberg & Gluck, L.L.P. at (631) 451-7900 to get started immediately.
Recoverable Damages for Injured Pedestrians in Hauppauge
When a vehicle weighing two tons or more collides with a human body, the pedestrian tends to suffer catastrophic or even fatal injuries. New York requires no-fault insurance for all drivers. This insurance extends to you as a pedestrian. However, in most pedestrian injury cases, your personal injury protection (PIP) insurance will not cover all of the damages you suffered. New York law allows you to pursue compensation from any at-fault parties that caused or contributed to your injuries.
Damages depend on the severity of your injuries and the effect they have on you. The most common types of compensation a victim can claim after being hit by a car include:
- Medical Expenses. Typically, a pedestrian involved in a collision with a motor vehicle will suffer extensive injuries. Medical attention is often necessary to prevent further harm and to help in your recovery. These medical expenses can involve past, present and future health issues related to the injuries you suffered. Types of medical expenses can include the use of an ambulance, emergency room treatment, hospitalization, surgery, doctor visits, physical therapy, and any medical devices needed.
- Lost Wages. If you have been injured as a pedestrian, your injuries may be so severe that you are required to take off of work for either a limited or substantial period of time. These temporary or permanent leaves of absence from your employment can result in lost wages or the use of sick or vacation time and affect future employment, bonuses or benefits. If the physical limitations you suffer from the injury result in the inability to work at your job either for a short period or permanently, you may be able to receive compensation for your loss of earning ability beyond what No-Fault provides.
- Pain and Suffering. The injuries you suffered as a pedestrian will likely result in medical bills; however, there is typically a substantial amount of pain and suffering that accompanies those medical issues. While there is no exact way to determine or calculate an amount for pain and suffering—and these damages are subjective—if you have suffered substantially as a pedestrian, you deserve compensation for both physical and emotional suffering that you have suffered due to someone else’s negligence.
Contact a Pedestrian Accident Lawyer in Hauppauge, NY Today
If a negligent driver hit you as you were walking around Hauppauge, you may be facing severe medical issues, loss of wages, and emotional or physical suffering. A dedicated pedestrian collision lawyer in Hauppauge, NY can help you determine who was at fault, handle communication and negotiations with insurance companies, build your case, and help you obtain the compensation you deserve for your claim.
Contact Rosenberg & Gluck, L.L.P. at (631) 451-7900 for a free case consultation. We handle all cases on a contingency basis, which means you pay nothing unless and until we win compensation for you. Our staff can assist you in Spanish and Russian, as well.