Syracuse Pedestrian Accident Lawyers Who Fight For You & Your Family
Every day, New York residents become injured in pedestrian accidents that are not their fault. When a motor vehicle driver collides with a pedestrian due to negligence, the pedestrian can become seriously injured. Pedestrians are 10 times more likely to die in pedestrian accidents than drivers and passengers. Under New York law, pedestrians injured in accidents are entitled to take legal action against the person responsible for the collision and pursue compensation for their damages.
Common Causes of Pedestrian Accidents
Many different scenarios can lead to a pedestrian accident resulting in severe injuries or fatalities. In many cases, negligent motorists are responsible for pedestrian accidents. Some of the most common scenarios where negligent motorists might cause pedestrian accidents to include the following:
- Driving after consuming alcohol and/or using drugs
- Careless or reckless driving, including speeding, darting in and out of traffic and traveling too fast for road, traffic, or weather conditions
- Failure to yield to a pedestrian at a sidewalk, crosswalk, or other location
- Fatigued or drowsy driving can lead to sleeping at the wheel
- Distracted driving due to eating, drinking, cell phone use, personal grooming, reaching for something in the backseat, or daydreaming
Drivers are primarily responsible for pedestrian accidents. However, some situations occur in which a third party may be liable for a pedestrian accident, such as:
- Missing or malfunctioning traffic control devices
- Another driver causes a multi-vehicle collision in which a pedestrian suffers injuries as a part of a chain of events
- Defective vehicle parts cause mechanical failure, causing the driver to lose control of the vehicle
Recovering Compensation After a Pedestrian Accident
Pedestrians are at risk for severe, catastrophic, and potentially fatal injuries when they are involved in an accident. New York is a no-fault insurance state that requires all drivers to purchase a minimum amount of $50,000 in personal injury protection (PIP) coverage. When a driver collides with a pedestrian, the driver’s PIP coverage extends to the pedestrian, regardless of who was at fault for the accident.
When the driver is clearly at fault and causes a minor pedestrian accident and injuries, the PIP coverage will pay for medical expenses up to the limit and up to $2,000 per month in lost wages. This coverage may be enough for pedestrians. However, due to the nature of pedestrian injuries, many are too severe and require additional compensation.
Determining Who is Liable for Your Injuries
Pedestrians lack the external safety protections that motor vehicle drivers enjoy. When they suffer injuries, the injuries can require costly medical treatment. The victim may quickly meet or exceed the PIP limits. Additionally, PIP does not cover non-economic losses related to disability, permanent injuries, and pain and suffering.
Discussing your case with an attorney who can pursue a personal injury lawsuit against the at-fault party is important. At Stanley Law Offices, we will investigate every potential party who may be liable for your injuries to develop an effective legal strategy to pursue the compensation you need and deserve.
Examples of Severe Pedestrian Accident Injuries
Pedestrians are at risk of multiple broken bones when they are struck by a vehicle. Most breaks are not clean breaks and may recover from one or more corrective surgeries. In some cases, surgeons may need to use pins, screws, and steel plates to reconstruct shattered bones. Even after surgery, victims may need rehabilitation and struggle with long-term mobility issues.
Traumatic Brain Injuries (TBI)
A pedestrian accident can cause a victim’s head to hit the sidewalk or pavement. Head trauma can lead to visible external injuries, but internal damage can also be devastating. Serious head traumas can lead to traumatic brain injuries (TBIs) that result in permanent brain damage. Depending on the location and severity of the TBI, pedestrian accident victims can face challenges with loss of motor and cognition skills, memory loss, changes in personality, depression, anxiety, and a host of other long-term symptoms.
Spinal Cord Injuries
Depending on how a pedestrian’s body moved or hit the ground and the impact speed, the victim might suffer painful back injuries, including fractured vertebrae and slipped or herniated discs. Some spinal cord injuries can result in partial or total paralysis below the location of the spinal cord injury. Unfortunately, many spinal cord injuries cause permanent damage that causes painful symptoms.
How Much is My Pedestrian Accident Claim Worth?
The value of your claim depends on multiple factors, including the severity of your injuries and the evidence demonstrating liability. Typically, the more life-altering and severe your injuries, the higher your claim’s value. After discussing the facts of your case with you, we will be able to give you an approximation of the value of your case. Generally, three broad factors affect the amount of compensation you can recover after a pedestrian accident:
- The severity of your injuries will substantially affect calculating the appropriate amount of damages in your case. The amount of medical bills you face, the length of time you have to take off of work, and the degree of pain and suffering you have endured.
- The strength of your case and the skill of your attorney who presents your case to insurance companies and courts. Working with an experienced attorney can increase the value of your claim.
- The funds that are available to pay you. An experienced attorney can research the insurance policy and assets held by the at-fault party to ensure you seek compensation from all available sources and develop a winning strategy.
Discuss Your Case With Experienced Syracuse Pedestrian Accident Attorneys
You may be entitled to compensation if you were injured in a New York pedestrian accident and someone else is at fault. The personal injury attorneys at Stanley Law Offices are skilled at evaluating traffic accident claims. We have a proven track record of getting the results our clients deserve. Call Stanley Law Offices today to schedule your free case evaluation and learn more about your legal rights.