Why You Need a Pedestrian Accident Lawyer
A experienced New York pedestrian accident lawyer can assist you in obtaining damages for medical bills as well as lost wages resulting from absences from work, pain and suffering and more. Both New York City as well as the State have laws that protect pedestrians from motor vehicle accidents.
Even if pedestrians adhere to the law, they may still be struck by cars. A seasoned attorney could uncover undiscovered opportunities to seek compensation, such as from a government entity for unsafe crosswalks or sidewalks.
Pedestrians are entitled to the right-of-way
Many people believe that pedestrians have the right to have their way when they're walking on the street. This isn't the case all the time. While pedestrians do have certain rights, it is crucial that they obey all rules of the road to ensure their safety and avoid any accidents.
Pedestrians are prone to being struck by trucks and cars when they suddenly step off a curb or into traffic without looking both ways. Fortunately, the law has been designed to protect pedestrians from injuries caused by motor vehicles in New York and New Jersey.
When a pedestrian is hit by a vehicle, they often suffer severe injuries that require extensive medical attention and ongoing treatment. In the aftermath they are often faced with significant personal and financial difficulties that affect their daily lives. Most pedestrians are left with huge medical bills they must pay even when they're not working and have no income source. Additionally the emotional and physical trauma resulting from an accident with a pedestrian can be life-changing and have long-lasting effects.
In most cases, the driver's negligence was to be blamed for a collision. This can be due to distracted driving, drunk driving, speeding or reckless driving. Even if a pedestrian broke an ordinance, it's usually the driver at fault for crashing into them.
State laws local ordinances, state laws and traffic signals or signs can determine the right of way a pedestrian has. In most states, pedestrians are granted the right-of-way if they are in a crossing with a signal for walking and are in compliance with other traffic laws. However, the law is not black and white, and the question of whether a person had the right-of-way in a particular situation is a complex matter and can depend on the specific facts of the situation.
No matter what the circumstance, a pedestrian can claim compensation for their injuries from the driver who caused them harm. A New York pedestrian accident attorney can assist you in understanding the laws in your region and identify the driver at fault and fight for the compensation you are entitled to.
Internal Organs
If victims are struck by vehicles, their torsos endure lots of trauma which can result in injuries to internal organs. This kind of injury can have devastating consequences on the person's daily life and can result in long-term surgery and the inability work. You Tube can quickly add up and the victims may have to file a lawsuit in order to seek compensation from the responsible parties.
If the person who is injured has a spleen or kidney injury the organ may rupture, causing internal bleeding that's not as readily stopped as external wounds. A ruptured spleen or kidney is typically fatal if it is not treated quickly and the damage to the internal organs of the victim can affect the way in which other organs function.
Another frequent injury to internal organs is the spinal cord injury. This is a serious injury that can lead to permanent paralysis that drastically alters the life of the victim. In a car crash, it is not uncommon for pedestrians only protected by their skulls to sustain an injury to their spine.
People who are hit by cars usually suffer injuries to the lungs, brain and liver. Brain injuries can lead to serious complications such as memory loss and a loss of focus. A traumatizing injury to the brain could result in 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 but common occurrence in pedestrian accidents, especially when the individual suffers an injury to the spinal cord or a similar catastrophic injury. The victims or their loved ones might need to bring a lawsuit against the driver who was at fault and his insurance company to recover compensation for funeral costs and other financial losses.
A knowledgeable and skilled pedestrian accident lawyer can help victims pursue legal action against the individuals or companies responsible for their collision. Our firm can work with experts, including biomechanical engineers, to provide evidence of the circumstances that led to the collision and what caused a particular injury. This type of evidence could be vital in stopping false claims from the at-fault party.
Scars and Broken Bones
Despite the presence of sidewalks, crosswalks and pedestrian bridges, pedestrians can still be injured in traffic accidents. It's because some drivers regardless of laws and regulations, and even accommodations designed to protect pedestrians from motor vehicle accidents, are too reckless and negligent when operating their cars, trucks and motorcycles on New York streets.
Pedestrians often sustain serious injuries in these types of incidents, including traumatic brain injury, 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 crucial to hire an experienced NYC pedestrian accident lawyer who will help you seek compensation.
A pedestrian who is struck by a car or vehicle can also sustain soft-tissue injuries. These can include bruises, muscle strains, and whiplash. These injuries can take a long time to heal, and they can cause long-term discomfort and pain for the victim. An experienced attorney will look over all evidence related to a pedestrian's crash, including medical records including police reports, photographs and medical records and provide a fair and accurate estimate of the amount the victim should receive in compensation.
In addition to economic damages that have a financial cost, pedestrians can claim compensation for non-economic damages such as physical and emotional pain and suffering, humiliation and loss of enjoyment life. If your personal property is damaged, you could be entitled to compensation for the repair or replacement cost.
Oresky & Associates' attorneys can assist you with filing a pedestrian accident suit against a driver, or any other person responsible for your injuries. Our lawyers will fight vigorously to ensure that you receive the maximum amount of compensation you deserve, including any future medical expenses, rehabilitative care expenses, lost income, and property damage. Our firm is well-versed in every aspect of New York State law and City law that pertain to pedestrians. We will use this knowledge to help you in your case.
Permanent Disfigurement
The injuries that can result when a pedestrian is struck by a car are usually devastating. This is particularly true if the victim is struck on the head. This kind of injury can cause brain trauma, resulting in a concussion or a traumatic cerebral hemorrhage. Symptoms can include blurred vision, memory loss and headache. It is essential that the patient consults an emergency physician immediately and document any injuries, including permanent scarring.
If a person is damaged or scarred due to an accident their quality of life may be severely diminished and they could suffer significant financial losses that can be compensated through civil law. The most obvious and significant financial loss are medical bills for treatments such as prescriptions, surgeries, and ongoing care that will be required to treat the consequences of permanent disfigurement or scarring.
This can be a significant expense and will likely include physical therapy, psychological counseling or medical treatment for conditions such as anxiety, depression or post-traumatic stress disorder. Someone who is permanently damaged may also be unable to make a living and work as they once did. This can result in substantial lost wages and an eventual loss of earnings that could be recouped as well.
Insurance companies and defendants in court often argue that a person has permanent disfigurement. Videos and photographs can be used to prove that the injury is permanent. It is crucial that the plaintiff keeps the medical records of their patients and have them reference the disfigurement in the injury. Expert testimony is also very useful for proving the extent of permanent disfigurement, and its impact on the quality of living and enjoyment of their life.
If you've been severely injured in a pedestrian collision, it is important to be aware of your rights and speak with an experienced New York pedestrian accident attorney immediately. The attorney can review the details of your case and determine the kinds of damages you are entitled to recover. The attorney will also explore which parties could be held responsible for your injuries. This could include the driver of the vehicle that struck you as well as a city agency that is responsible for unsafe sidewalks or street lights that were not functioning properly which contributed to your accident, or the company of a delivery driver on duty or ride-share driver who was involved in your accident.