Why You Need a Pedestrian Accident Lawyer
A New York pedestrian accident attorney can help you recover damages like medical bills, lost wages in the event of a crash, pain and suffering and much more. Both New York City and State have laws in place to safeguard pedestrians from motor vehicle accidents.
Even if pedestrians adhere to the law, they can still be hit by vehicles. A knowledgeable lawyer may uncover overlooked opportunities to obtain compensation, for example, from a government agency to fix unsafe sidewalks and crosswalks.
Pedestrians are entitled to the right-of-way
Many people assume that pedestrians have the right-of-way when walking on the streets. This isn't the case all the time. While pedestrians have certain rights, they must observe all the rules of the road to protect their safety and avoid collisions with motor vehicles.
The risk for pedestrians is being hit by trucks or cars if they suddenly step off the curb or if they run into traffic not looking both directions. Fortunately, the law has been designed to safeguard pedestrians from injuries caused by motor vehicles in New York and New Jersey.
If a pedestrian is struck by a car they are often struck with serious injuries that require a lot of medical attention and ongoing treatment. They are often confronted with significant financial and personal difficulties that affect their daily lives. Many pedestrians are required to pay for medical expenses that are huge even if they don't earn a salary and have no income. The physical and emotional trauma that comes from an accident with a pedestrian is often life-changing, and can have lasting consequences.
In the majority of cases, the driver's negligence was to be blamed for a collision. This includes drunken driving, distracted driving or speeding behind the wheel. Even if a pedestrian is breaking a traffic rule, it is usually the driver's fault they rammed into them.
State laws, local ordinances and traffic signals or signs can determine the right of a pedestrian. In most states, pedestrians have the right-of-way when they are in a crossing with a signal for walking and are in compliance with other traffic laws. However the law isn't black and white, and the issue of whether an individual had the right-ofway in a particular situation is a complex matter and could depend on the specific facts of the case.
A pedestrian can sue the driver responsible for their injuries, irrespective of the circumstances. A New York pedestrian accident attorney can assist you in understanding the laws of your area and identify the driver at fault, and fight for all the compensation you're entitled to.
Internal Organ Injuries
When victims are struck by vehicles, their torsos experience lots of trauma that can cause injuries to internal organs. This kind of injury can cause severe consequences for the life of the victim as well as the necessity for long-term surgery as well as the inability to work. These medical costs can quickly add up and the victim may need to file a lawsuit in order to recover damages from the at-fault parties.
If the person who is injured has an injury to the kidney or spleen the organ can rupture, causing internal bleeding that's not as readily stopped as external wounds. A ruptured spleen or kidney can be fatal if not treated immediately. The internal damage to the victim can affect other organs.
Another frequent internal organ injury is a spinal cord injury. This is a serious injury that can cause permanent paralysis that dramatically changes a victim's lifestyle. It is not uncommon for pedestrians to experience an injury to their spinal cord in 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 hit by cars often suffer injuries to the lungs, brain, and liver. Brain injuries can result in serious complications such as memory loss and inability to concentrate. A brain injury that is traumatic can also lead to a condition known as a coma. Lung injuries, like pneumothorax (when air from the lungs leaks into the chest cavity) can be fatal if not treated immediately.
Cary injury lawsuit yet common consequence of pedestrian accidents, particularly when the victim suffers an injury to the spinal cord or another serious injury. Victims and their families might be required to file a lawsuit against the driver who was at fault as well as the insurance company that covers the driver to recover compensation for funeral expenses and other financial loss.
A pedestrian accident lawyer who is knowledgeable and experienced can assist victims file a lawsuit against the people who caused their accident. Our firm can consult experts, such as biomechanical engineers, to provide evidence about how the collision occurred and caused the injury. This type of evidence is crucial in preventing frivolous defenses from at-fault parties.
Scars and Broken Bones
Despite the existence of crosswalks and sidewalks, pedestrians are still at risk for injury in traffic accidents. This is because, despite the laws, regulations and precautions designed to protect pedestrians from motor vehicles certain drivers are negligent and careless when operating motorbikes, trucks, cars and other motor vehicles that travel through New York's streets.
Pedestrians often sustain serious injuries in these types of incidents such as traumatic brain injury spinal cord injury, fractured bones in the feet, hands and legs. People who have suffered injuries like these are likely to be faced with significant medical bills as well as lost income from missed work. That's why it is essential for them to hire an skilled NYC pedestrian accident lawyer who will help them seek compensation through a lawsuit.
If a pedestrian is struck by a vehicle or other type of vehicle, he could also suffer soft tissue injuries, which can include bruising, muscle sprains and strains, and whiplash. These injuries could take months or even years to heal, and they can cause long-term discomfort and pain for the victim. An experienced attorney can look over all evidence relating to the pedestrian's accident, including medical records, police reports and photographs, to give a precise and fair estimate of the amount of compensation a victim is entitled to.
In addition to financial damages pedestrians could also be entitled to compensation for noneconomic injuries, including suffering and pain (physical and emotional), humiliation, and loss of enjoyment. If your personal property is damaged, you could also be eligible for compensation for the repair or replacement cost.
Oresky & Associates' attorneys can assist you with filing a lawsuit for pedestrian injuries against a driver, or any other party responsible for your injuries. Our lawyers will fight to secure the compensation you deserve. This includes all of your current and future medical expenses, rehabilitation care as well as lost income and property damage. Our firm is knowledgeable of all of the provisions of New York State law and City laws that concern pedestrians. We will utilize this knowledge for your case.
Permanent Disfigurement
If a pedestrian is struck by a car, the injuries that result can be severe. This is particularly true if the person is struck on the head. This kind of injury can result in brain trauma, leading to an injury to the head or a cerebral hemorrhage. The symptoms can include blurred vision, memory loss and headaches. It is essential that the patient consults an immediate doctor and records all injuries, including permanent scarring.
If a person is severely damaged or disfigured as a result of an accident, their quality of life could be severely diminished and they may have substantial financial losses that can be compensated by civil law. The most obvious and significant financial loss is medical bills for treatments, prescriptions, surgeries and ongoing care that is required to treat the consequences of permanent disfigurement or scarring.
It can be costly and may involve physical therapy, counseling or medical treatment for conditions like anxiety, depression, or post-traumatic disorder. In addition to these expenses those who are permanently ill is usually unable to work and earn the same income they used to. This can result in significant loss of wages and the loss of future earnings which can be recouped.
Proving that a person suffers from a permanent disfigurement can be a challenge and is often challenged by insurance companies or litigants in court. Photographs and videos are helpful in establishing that the injury is indeed permanent. It is also crucial for the plaintiff to keep the track of all their medical records, and to have them reference the disfigurement as a result of the injury. Expert testimony is also very useful for proving the extent of permanent disfigurement and its impact on a person's quality of living and enjoyment of life.
If you've been severely injured in a pedestrian crash it is crucial to know your rights and contact an experienced New York pedestrian accident attorney immediately. The attorney will review the facts of your case and determine the kind of damages you're entitled to recover. The lawyer will also determine the parties who could be held liable for your injuries. It could be the driver of the vehicle that hit you or the city agency that is responsible for the shoddy maintenance of sidewalks and faulty streetlights which contributed to your injuries or the company of a delivery or ride-share service driver on duty.