Why You Need a Pedestrian Accident Lawyer
A knowledgeable New York pedestrian accident lawyer can help you recover damages for medical bills, lost wages from working hours missed along with pain and suffering and much more. Both New York City as well as the State have laws to protect pedestrians from motor vehicle crashes.
But, even if pedestrians follow the law, they can be struck by vehicles. A skilled lawyer can uncover undiscovered opportunities to get compensation, for example, from a government agency to fix unsafe crosswalks and sidewalks.
Pedestrians have the right-of-way
Many people believe that pedestrians have the right of way when they are on the streets. This isn't always the case. While pedestrians have certain rights, they must follow all the rules of the road in order to ensure their own safety and avoid accidents with motor vehicles.
The risk for pedestrians is being struck by cars or trucks if they suddenly step off a curb, or cross the street while not looking both ways. Fortunately, New York and New Jersey have laws to safeguard pedestrians.
When a pedestrian is hit by a vehicle, they often suffer severe injuries that require intensive medical treatment and ongoing care. They are often confronted with significant financial and personal difficulties that affect their lives. Most pedestrians are left with huge medical bills that they are forced to pay when they're not working and have no source of income. Additionally the emotional and physical trauma caused by a pedestrian accident can be life-altering and can have long-term consequences.
In the majority of cases, it was the driver's negligence was the primary factor to blame for a collision. This can be due to drunk driving, distracted driving, speeding or reckless driving. Even if a pedestrian broke a traffic rule, it's usually the driver who is at fault for crashing into them.
State laws local ordinances, state laws and traffic signals or signs can determine the right of a pedestrian. In most states, pedestrians have the right-of-way if they are in a designated crosswalk with a walk signal and abide by any other traffic laws. However, the law is not all black and white, accidentinjurylawyers.claims and the issue of whether or not a person had the right-of-way in a specific situation is a complex matter and can depend on the specific circumstances of the case.
No matter what the circumstance, a pedestrian can seek compensation for their injuries from the driver that caused them harm. A New York pedestrian accident attorney can help you to understand the laws of your area and identify the driver responsible and fight for the compensation you deserve.
Internal Organ Injuries
When victims are struck by vehicles, their torsos suffer a lot of trauma, which can result in internal organs being injured. This type of injury can result in devastating effects on the victim's daily life and can result in long-term surgery and the inability work. The medical expenses can quickly grow, and victims might have to file a suit to recover damages from those who are at fault.
The internal bleeding triggered by an injured spleen or kidney is more difficult to stop than external wounds. A ruptured kidney or spleen is usually fatal if not treated immediately and the injury to the victim's internal organs can affect the way in which other organs function.
Another frequent injury to internal organs is the spinal cord injury. This is an injury that is serious and can cause permanent paralysis, and dramatically alter the victim's life. In the event of a car accident, it is not uncommon for pedestrians who are protected by their skull to suffer a spinal injury.
People who are hit by cars usually suffer injuries to the lungs, brain and liver. Brain injuries can lead to serious complications like memory loss and inability to focus. A brain injury that is traumatizing can also lead to a coma. Lung injuries, such as a pneumothorax (when air from the lungs leaks into the chest cavity) can be fatal if not treated immediately.
A tragically fatal yet common consequence of pedestrian accidents, especially when the individual suffers a spinal cord injury or another serious injury. Victims and their families might be required to bring a lawsuit against the driver at fault and the insurance company of the driver to seek compensation for funeral expenses and other financial damages.
A knowledgeable and skilled pedestrian accident lawyer can help victims pursue legal action against the people or companies that caused their collision. Our firm can work with experts, such as biomechanical engineers, to provide evidence about how the collision happened and led to a specific injury. This type of evidence could be vital in stopping frivolous claims from the at-fault party.
Broken and swollen Bones
Despite the existence of sidewalks and crosswalks, pedestrians are still at risk for injury in traffic collisions. It is because certain drivers, despite laws and regulations, and even measures designed to safeguard pedestrians from accidents caused by motor vehicles are reckless and negligent when operating their cars, trucks and motorcycles on New York streets.
Pedestrians often sustain serious injuries in these kinds of incidents which include traumatic brain injuries, spinal cord injury and fractured bones in the feet, hands and legs. These injuries can lead to high medical bills and lost wages due to missed work. It is therefore crucial to find a seasoned NYC pedestrian accident lawyer to assist you in seeking compensation.
If a pedestrian is struck by a car or another type of vehicle, they may also suffer soft tissue injuries that can include muscle sprains, bruising and strains, and whiplash. These injuries could take months or even years to heal and can cause long-term discomfort and pain for the victim. A skilled attorney will review the evidence relating to a pedestrian's crash, including medical records, police reports and photographs and give a fair and accurate estimate of the amount a victim should be compensated.
In addition to financial damages, pedestrians may also be entitled to compensation for non-economic damages, such as suffering and pain (physical and emotional), humiliation, and loss of enjoyment. If your personal property is damaged, you may be eligible for compensation for the 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 party responsible for your injuries. Our lawyers will fight for you to receive the compensation you deserve. This includes all of your future and current medical expenses, rehabilitative treatment, lost income, and property damage. Our law firm is familiar with all the various sections of New York State and City law pertaining to pedestrians, and we'll use this knowledge to the benefit of your case.
Permanent Disfigurement
If a pedestrian is struck by a car the injuries that result can be catastrophic. This is especially true when the victim is struck on the head. This type of injury can result in a brain injury that can result in a concussion, or even the traumatic brain hemorrhage known as a brain bleed. Symptoms can include blurred vision, memory loss, and a headache. It is essential for the patient to visit an emergency physician immediately and note all injuries including any permanent scarring or disfigurement.
If someone is damaged or disfigured because of an accident their quality of life can be severely diminished and they could suffer significant financial losses that could be compensated through civil law. The most obvious and significant financial loss is medical bills for treatment, prescriptions, surgeries and ongoing care that will be required to help manage the consequences of permanent disfigurement or scarring.
This can be a significant expense and may include physical therapy and psychological counseling as well as medical care for ailments like depression, anxiety or post-traumatic stress disorder. In addition to these expenses, a person who is permanently disabled is often not able to work and earn a living as they once did. This can result in significant lost wages and a loss of future earnings that can be recovered in addition.
The proof that a person is suffering from a permanent disfigurement can be difficult and is often challenged by insurance companies or defendants in court. Videos and photographs can be used to prove the injury is permanent. It is essential that the plaintiff keep the medical records of their patients and that they reference the disfigurement in the injury. Expert testimony is also very useful for proving the extent of permanent disfigurement as well as its impact on a person's level of living and enjoyment of life.
If you've been seriously injured in a pedestrian collision, it is important to be aware of your rights and get in touch with an experienced New York pedestrian accident attorney immediately. The lawyer will examine the details of your case and determine which types of damages you are entitled to recover. The attorney will determine the parties who could be held accountable for your injuries. This could include the driver of the vehicle that struck you or the city agency that is responsible for the poorly maintained streets and streetlights that caused your injury or the company of a ride-share or delivery service driver who is on duty.