Being struck by a vehicle while walking can change your life in an instant, leaving you with serious injuries and mounting medical bills. Understanding your legal rights as a pedestrian becomes crucial when navigating the complex aftermath of such incidents in New York. The state provides comprehensive protections for pedestrians, but knowing how to access these rights requires proper legal guidance from a pedestrian accident attorney in New York.
In this guide, the Wohlgemuth Law Firm PLLC’s New York pedestrian accident lawyers explain the essential legal rights and options available to pedestrian clients.
Understanding New York Pedestrian Protection Laws
New York state law places a significant duty of care on drivers to protect pedestrians. According to New York State traffic laws, drivers must exercise due care to avoid colliding with pedestrians at all times. This legal obligation includes being alert, cautious, and taking necessary preventive measures.
The state also grants pedestrians specific right-of-way protections in crosswalks. When you are lawfully crossing in a designated crosswalk, drivers must yield to you. However, pedestrians crossing outside of crosswalks must yield to vehicles.
Immediate Steps After a Pedestrian Accident
Taking the right actions immediately following a pedestrian accident can significantly impact your ability to seek compensation. Your first priority should always be seeking emergency medical attention by calling 911. Some injuries, like internal bleeding or concussions, may not show immediate symptoms. You should also ask the 911 operator to send the police to make an official report.
According to the National Safety Council, 7,314 pedestrians died in traffic crashes on public roads in 2023, with 83% occurring in urban settings. If you are physically able, take photographs of your injuries, the accident scene, vehicle damage, as well as pictures of the vehicle’s license plate and the driver of the vehicle. Gathering eyewitness testimony and other relevant evidence can provide valuable support for your claim.
No-Fault Insurance Coverage for New York Pedestrian Accident Attorney Cases
New York’s no-fault insurance laws protect pedestrians who are hit by motor vehicles. When a driver strikes you, you can file a claim under their no-fault insurance policy regardless of who caused the accident. This coverage provides up to $50,000 in basic economic losses, including medical expenses and a portion of lost wages.
You must file your no-fault claim within 30 days of the accident to maintain your eligibility for benefits. Missing this deadline could result in losing access to this important coverage. For more serious injuries, you may be able to step outside the no-fault system and pursue a personal injury lawsuit against the at-fault driver.
When You Can Sue Beyond No-Fault Coverage
The ability to pursue compensation beyond no-fault insurance depends on whether or not you sustain injuries that exceed New York’s serious injury threshold. If your injuries qualify as serious under state law, you may seek additional compensation for pain and suffering, emotional distress, and medical expenses exceeding the no-fault limit.
Proving that the driver was at fault becomes essential when pursuing a lawsuit beyond no-fault coverage. This may involve demonstrating that the driver was speeding, distracted, failed to yield, or violated other traffic laws. Even if you bear some responsibility for the accident, you may still recover compensation under New York’s pedestrian comparative negligence laws.
Protection When the Driver Is Uninsured or Flees
Being hit by an uninsured driver or involved in a hit-and-run does not leave you without options for recovery. New York requires drivers to carry uninsured motorist coverage, which can pay for your medical expenses and lost wages when the responsible driver lacks insurance or is unidentified. This rule also applies to pedestrians who have uninsured motorist coverage either through their own policy or a household members policy. To qualify for uninsured motorist benefits, the accident must have been reported to the police within 24 hours.
If you do not own a vehicle, you can seek compensation through the Motor Vehicle Accident Indemnification Corporation (MVAIC). This organization provides coverage for New York residents who have been injured in accidents and have no other auto insurance available to them. To qualify for MVAIC benefits in hit-and-run cases and uninsured motorist cases, you must also report the incident to police within 24 hours.
Types of Compensation Available to New York Pedestrian Accident Attorney Clients
Pedestrian accident victims may seek various types of damages depending on the severity of their injuries. Medical expenses form a significant component of most claims, including both past and future treatment costs. Lost wages compensation helps address the financial impact when injuries prevent you from working.
Pain and suffering damages acknowledge the physical discomfort and emotional trauma you experience. When a pedestrian is hit by a car and sustains serious injuries, working with a knowledgeable New York pedestrian accident attorney provides clarity on the forms of compensation you may pursue.
The Wohlgemuth Law Firm PLLC: Your Advocates for Justice
Understanding your legal rights as a pedestrian in New York empowers you to take appropriate action after an accident and pursue the compensation you need for recovery. At the Wohlgemuth Law Firm PLLC, we are committed to protecting the rights of injured pedestrians and holding negligent drivers accountable for their actions. Our comprehensive approach includes investigating accidents, handling insurance negotiations, and pursuing maximum compensation through a detailed understanding of car accident settlement amounts.
We consider the physical, emotional, and financial challenges you face after a pedestrian accident and provide compassionate legal representation throughout the process. If you need a pedestrian accident lawyer in New York City, contact the Wohlgemuth Law Firm PLLC at (718) 474-9100 today.
Frequently Asked Questions About Pedestrian Accident Rights
The following questions address concerns about pedestrian accident rights and legal options in New York.
What Should I Do Immediately After Being Hit by a Car?
Call 911 for medical attention and police response, document and photograph the scene, driver and car, and avoid discussing fault with anyone except law enforcement.
How Long Do I Have To File a Claim Following a Pedestrian Accident?
New York generally allows three years from the date of the accident to file a personal injury lawsuit, although certain circumstances may affect this timeline.
What Rights Do I Have If Hit by an Uninsured Driver?
You can pursue compensation through uninsured motorist coverage or the Motor Vehicle Accident Indemnification Corporation. In either case, a qualified New York pedestrian accident lawyer can assist you in navigating these options.
