Why You Need a Pedestrian Accident Lawyer
A New York pedestrian accident attorney can assist you in recovering damages such as medical bills, lost wages, pain and suffering, and more. Both New York City and State have laws in place to safeguard pedestrians from accidents with motor vehicles.
However, even when pedestrians obey the law, they could be struck by cars. A skilled lawyer can uncover overlooked opportunities to obtain compensation, such as from a government agency for unsafe sidewalks and crosswalks.
Pedestrians are entitled to the right-of-way
Many people think that pedestrians always have right-of-way when they're out in the street. This isn't the case all the time. While pedestrians do have certain rights, it's important that they follow all road rules to ensure their safety and avoid accidents.
The risk for pedestrians is being struck by trucks or cars if they suddenly step off the curb or run into traffic while not looking in both directions. Fortunately, New York and New Jersey have laws to protect pedestrians.
When a pedestrian is hit by a car, they often suffer severe injuries that require extensive medical attention and ongoing treatment. In the aftermath they are often confronted with major personal and financial challenges that impact their daily lives. Most pedestrians are left with huge medical bills that they are forced to pay when they aren't working and don't have an income source. Additionally emotional and physical trauma that results from a pedestrian accident can be life-altering and can have long-term effects.
In most cases, a driver's negligence is the primary cause of the accident. This could include distracted driving, drunk driving, speeding, and reckless driving. Even if a pedestrian was breaking a traffic law, it's usually the driver's fault they smashed into them.
State laws local ordinances, state laws and traffic signals can decide a pedestrian's right of way. In most states, pedestrians are entitled to the right of way when they're in a crosswalk marked with a signal for walking, and they're in compliance with the other traffic laws. However, the law is not black and white and the issue of whether or not a person was entitled to the right-of-way in a specific situation can be extremely complicated and may depend on the specific circumstances of the particular case.
A pedestrian may sue the driver who caused their injuries, regardless of the circumstances. It is important to have a knowledgeable New York pedestrian accident lawyer on your side to assist you learn the laws applicable to your area, determine who was responsible for your accident, and fight for the maximum settlement you deserve.
Internal Organs
When people are struck by vehicles, their torsos undergo a lot trauma that could result in internal organs being injured. This kind of injury can result in devastating effects on the victim's daily life and can result in lengthy surgery and inability to work. The medical expenses can quickly mount up, and victims might have to file a lawsuit to recover damages from the party at fault.
If the person injured suffers an injury to the kidney or spleen, the organ can rupture, which causes internal bleeding that's not as readily stopped as external wounds. A ruptured spleen or kidney is typically fatal if not treated immediately and the injury to the victim's internal organs may affect the way other organs function.
A spinal cord injury is a frequent injury to internal organs. This is a devastating injury that can cause permanent paralysis that dramatically changes a victim's lifestyle. It is not uncommon for pedestrians to experience the injury to their spinal cords during a car accident because their head is protected by the skull, and they are usually not prepared for the sudden impact of a vehicle.
People who are struck by cars usually suffer injuries to the lungs, brain and liver. Brain injuries can be very serious and cause a range of complications, such as loss of memory and inability to concentrate. A brain injury that is traumatizing can also lead to a coma. Lung injuries, including pneumothorax (when air from the lungs leaks into the chest cavity) can be fatal if they are not treated promptly.
The most tragic and frequent result of pedestrian accidents is wrongful death in particular when someone suffers a devastating injury, such as a spinal injury. The family members of the victim might be required to file a lawsuit against the driver who was at fault and the insurance company of the driver, to recover compensation for funeral expenses and other financial loss.
A pedestrian accident lawyer who is experienced and experienced can assist victims pursue legal action against the parties accountable for their injuries. Our firm can consult experts, such as biomechanical engineers, to prove how the collision happened and caused the injury. This type of evidence is crucial in preventing frivolous defenses by at-fault parties.
Broken and swollen Bones
Despite the existence of sidewalks, crosswalks and walking bridges, pedestrians can still be injured in traffic accidents. This is because, despite the laws, regulations and accommodations that protect pedestrians from motor vehicles, some drivers are just too reckless and negligent when operating motorbikes, trucks, cars and other motor vehicles that travel through New York's streets.
Pedestrians often sustain serious injuries during these kinds of accidents which include traumatic brain injuries, spinal cord injury and fractured bones in the feet, hands and legs. These injuries can result in high medical bills and lost wages due to missed work. It is therefore important to hire an experienced NYC pedestrian accident lawyer to assist you in obtaining compensation.
If a pedestrian is struck by a car or other type of vehicle, he or she may also suffer soft tissue injuries, which may include muscle sprains, bruising and strains and whiplash. These injuries could take a long time to heal, and can cause long-term discomfort and pain for the victim. A knowledgeable attorney will go over all evidence related to a pedestrian's accident including medical documents, police reports and photographs, and can provide an accurate and fair assessment of how much the victim should be compensated.
In addition to the economic damages that come at a financial cost pedestrians may also be entitled to compensation for other damages, like emotional and physical suffering and humiliation and loss of enjoyment of life. If your personal property is damaged, you could also be entitled to compensation for repair or replacement cost.
Oresky & Associates' attorneys can assist you with filing an action for a pedestrian's accident against the driver, or any other person responsible for your injuries. Our attorneys will fight to get you the compensation you are entitled to. This includes all of your future and current medical expenses, rehabilitative treatment as well as lost income and property damage. Our law firm is familiar with all the different sections of New York State and City law pertaining to pedestrians, and we will use this knowledge to the advantage of your case.
Permanent Disfigurement
The injuries that can result when a pedestrian is struck by a vehicle can be devastating. This is especially true when the person is struck on the head. This type of injury can cause brain trauma that results in concussions, or an traumatic brain hemorrhage, also known as a brain bleeding. The symptoms can include blurred vision, memory loss and headache. Abilene is vital that the patient see a doctor immediately and documents any injuries, including permanent scarring.
A person who is damaged or disfigured due to an accident could suffer a significant loss in quality of life as well as financial losses. They can be compensated under civil law. The most obvious and significant financial loss is medical bills for treatment such as prescriptions, surgeries, and ongoing care that is required to treat the consequences of permanent scarring or disfigurement.
This can be a significant expense and could include physical therapy and psychological counseling as well as medical care for conditions like depression, anxiety or post-traumatic stress disorder. In addition to these costs one of the most significant issues is that a person who is permanently disabled is often not able to work and earn a living as they once did. This can lead to substantial lost wages and a loss of future earnings that can be recouped in addition.
Insurance companies and defendants in court typically argue that a person has permanent disfigurement. Photos and videos can be used to prove the injury is permanent. It is crucial that the plaintiff keep the medical records of their patients and that they refer to the disfigurement in the injury. Expert testimony is useful for proving the extent of permanent disfigurement as well as the impact it has on a person's quality of living and enjoyment in their lives.
It is important that you know your rights if you've suffered serious injuries in a pedestrian crash. Contact a seasoned New York pedestrian injury attorney immediately. The attorney will analyze the facts in your case to determine the damages you could be entitled to. The lawyer will also consider which parties may be held accountable for your injuries. It could be the driver of the vehicle that injured you, the city agency responsible for the poorly maintained streetlights and sidewalks that contributed to your injury or even the company of a ride-share or delivery service driver who is on duty.