Whether you are out for a casual walk or head to a specific destination, you never expect to be the victim of an accident. You expect that crosswalks and traffic signals will keep you safe, particularly as New York state law (Section 1151) give pedestrians right of way in crosswalks, yet every year thousands are injured in pedestrian accidents.
If you were a pedestrian and suffered injuries because of an accident in Holtsville, NY, you could be entitled to recover damages. Call Rosenberg & Gluck, L.L.P. at (631) 451-7900 for a free review of your case and to find out what options you are for pursuing legal action.
Common Types of Driver Negligence That Cause Pedestrian Accidents
According to the United States Department of Transportation, thousands of people lose their lives each year as a result of motor vehicle-related accidents. Though drivers are expected to exercise reasonable care when they get behind the wheel of a vehicle, all too often they are negligent and fail to do so. Some of the most common causes of driver negligence include:
- Distracted driving
- Failing to signal while turning
- Disobeying traffic signs or signals
- Disregarding weather or traffic conditions
- Driving under the influence of drugs or alcohol
Most Common Types of Injuries in Pedestrian Accidents
Pedestrians are incredibly vulnerable to a vehicle in a collision. The results of a pedestrian accident can be devastating and even deadly. The following is a brief list of the types of possible personal injuries that one can sustain from a vehicle strike.
- Traumatic Brain Injuries (TBIs): Traumatic brain injuries and concussions can be minor and cause only a headache, but anytime the brain is involved the stakes are high. TBIs can impact cognitive function and have life-altering consequences.
- Internal Injuries: Internal bleeding, brain bleeds, and rib fractures are all potential serious injuries that can be caused by a pedestrian accident.
- Pelvic Injuries: Oftentimes pedestrians who are hit by a vehicle suffer one of four types of pelvic injuries.
- Spinal Cord Injuries: Any damage to the spinal cord can be devastating because it is the spinal cord that transmits signals between the brain and the body.
- Bone Fractures: These are the most common types of injuries resulting from a pedestrian accident, and while they are generally less serious, they are nevertheless painful and often require surgeries and long periods of healing.
- Lacerations: Depending on the severity of the injury and its location, cuts can be extremely painful and have potentially long-lasting consequences.
Personal injury from a pedestrian accident can have life-altering consequences. Find out what your options are for pursuing damages. Call (631) 451-7900 to get the assistance you need from a pedestrian accident lawyer in Holtsville, NY.
Laws That May Impact Your Pedestrian Accident Claim in Holtsville, NY
Every state has different laws that limit the amount of time you have to pursue damages after an accident. In the state of New York, you generally have three years from the date of your accident to file a lawsuit pursuing compensation.
According to National Public Radio, pedestrian deaths continue to be at a record high in the United States. If you lost a loved one in a pedestrian accident, you may be entitled to damages related to your loss.
According to the New York statute, you generally have two years from the date of the victim’s death to pursue legal recourse. Some of the specific damages you may be entitled to include:
- Funeral expenses
- Medical expenses
- Loss of future wages
- Loss of support and protection
- Loss of benefits provided by the victim
- Pain and suffering
- Emotional distress
Damages You May Be Entitled to in Your Pedestrian Accident Claim
if you are suffering as a result of someone else’s negligent actions, you have the right to hold that person responsible. Some of the specific damages you may be entitled to for your personal injury claim include:
- Medical expenses, such as hospital stays, ambulance rides, medication, rehabilitation, physical therapy, and medical equipment
- Lost wages
- Future wages if you are unable to return to work
- Pain and suffering
- Emotional distress
- Loss of quality of life
In some cases, the driver’s actions were so grossly negligent that punitive damages might be awarded. These are intended more so as to punish the defendant more than to award the victim with additional compensation.
How a Lawyer Can Help Your Claim
A pedestrian accident lawyer in Holtsville, NY, can help you prepare your case and file your claim, taking the burden off you in this difficult time. Some specific ways a pedestrian accident lawyer can help include:
- Investigating your claim and gathering evidence, such as eyewitness statements, police reports, and medical records
- Establishing liability in the case
- Calculate the long-term cost of your damages, including non-quantifiable damages like pain and suffering, disfigurement, and emotional distress
- Searching for additional insurance policies that could provide additional compensation to cover your damages
- Negotiating with the insurance company to pursue compensation to the fullest extent of your injuries
- Fighting for your rights in a trial if a fair settlement cannot be agreed upon
- Providing you with 24/7 support in this difficult time
We know that this is a difficult time in your life. We also know that you are probably overwhelmed at the thought of pursuing a personal injury or wrongful death lawsuit on your own.
Our compassionate, dedicated pedestrian accident lawyers in Holtsville, NY, want to help you navigate this challenging process. The lawyers at Rosenberg & Gluck, L.L.P. know your rights and the law in Holtsville, NY. We can get to work for you immediately with a free, no-obligation consultation. Call our office today at (631) 451-7900. Our firm can also assist Spanish and Russian speaking clients.