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Why You Need a Pedestrian Accident Lawyer
A experienced New York pedestrian accident lawyer can assist you in recovering damages for your medical bills, lost wages from missed workdays along with pain and suffering and much more. Both New York City as well as the State have laws that protect pedestrians from crashes caused by motor vehicles.
But, even if pedestrians follow the law, they may be struck 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 street. However, this isn’t true. While pedestrians have certain rights, they must follow all the rules of the road to ensure their own safety and avoid collisions with motor vehicles.
Pedestrians are at risk of being struck by trucks or cars if they suddenly step off a curb, or run into traffic while not looking both directions. Fortunately, New York and New Jersey have laws that safeguard pedestrians.
When a pedestrian is hit by a vehicle, they often suffer severe injuries that require intensive medical attention and ongoing treatment. They are often faced with massive financial and personal challenges that affect their daily lives. Many pedestrians are required to pay massive medical bills when they don’t work and earn no money. In addition the emotional and physical trauma caused by the accident of a pedestrian could be life-altering and can have long-term consequences.
In the majority of instances, a driver’s error is the primary cause of the accident. This includes drunken driving, distracted driving, speeding and reckless driving behind the wheel. Even if a pedestrian has violated a traffic rule and was unable to obey it, it’s the driver responsible for hitting them.
State laws, local ordinances and traffic signals can decide the right of way a pedestrian has. In most states, pedestrians have right-of-way when they are in a crossing with a signal for walking and are in compliance with other traffic laws. The law isn’t a simple black-and white and may be a bit ambiguous. It may depend on the circumstances of a particular case.
A pedestrian can claim damages against the driver responsible for their injuries, irrespective of the circumstances. A New York pedestrian accident attorney can help you to understand the laws in your area and identify the driver who is at fault, and fight for all the compensation you’re entitled to.
Internal Organ Injuries
When people are struck by vehicles, the torsos suffer a lot of trauma that could result in injuries of internal organs. This type of injury often causes severe consequences that drastically affect the victim’s daily life and can result in the need for long-term surgeries and the inability to work. These medical costs can quickly mount up, and victims may need to file a suit to seek compensation from the parties who are at fault.
The internal bleeding that results from an injured spleen or kidney, is more difficult to stop than external wounds. A ruptured spleen or kidney is usually fatal unless it is treated quickly, and the damage to the internal organs of the victim can affect how well other organs function.
Another frequent injury to internal organs is an injury to the spinal cord. This is a serious injury that can cause permanent paralysis, which drastically alters the victim’s life. It is not common for pedestrians to suffer a spinal cord injury in a car crash, as their head is only protected by the skull and they are not prepared for the sudden impact of a vehicle.
People who are struck by cars usually suffer injuries to the brain, lungs and liver. Brain injuries can be very serious and result in a variety of complications, including loss of memory and the inability to concentrate. A brain injury that is traumatizing can also lead to a coma. Lung injuries, such as pneumothorax, that occurs when the air in the lungs escapes into the chest cavity, could also be fatal if not treated immediately.
The most tragic and frequent result of pedestrian accidents is the wrongful death particularly when the victim suffers a severe injury such as a spinal injury. Victims or their loved ones might need to file a suit against the driver who was at fault and his insurance company in order to recover compensation for funeral costs and other financial loss.
A knowledgeable and experienced pedestrian accident lawyer can help victims pursue legal action against the individuals or companies responsible for their collision. Our firm can consult experts, including biomechanical engineers, in order to prove how the collision happened and resulted in a specific injury. This kind of evidence is critical in preventing frivolous defenses by the at-fault parties.
Scars and Broken Bones
Despite the presence of sidewalks, crosswalks and pedestrian bridges, pedestrians still can be injured in traffic accidents. This is because some drivers regardless of laws and regulations, as well as 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 during these kinds of accidents, including traumatic brain injury, spinal cord injury and fractured bones in the hands, feet and legs. These injuries can cause high medical bills and lost earnings due to the absence of work. It is therefore crucial to work with a skilled NYC pedestrian accident lawyer to assist you in obtaining compensation.
If a pedestrian is struck by a car or another type of vehicle, he or she may also suffer soft tissue injuries, which could include bruising, muscle strains and strains and whiplash. These injuries can take months or even years to heal, and they could cause ongoing pain and discomfort for the victim. A skilled attorney will review the evidence relating to a pedestrian’s crash including medical documents as well as police reports and photos and will provide a fair and accurate estimation of how much an injured person should receive in compensation.
In addition to the economic damage, pedestrians may also be entitled to compensation for non-economic injuries, including pain and suffering (physical and emotional), humiliation, and loss of enjoyment in life. If your personal property is damaged, you may also be eligible for compensation for the repair or replacement cost.
Oresky & Associates’ attorneys can assist you in filing a pedestrian accident suit against the driver or other person responsible for your injuries. Our attorneys will fight aggressively to ensure that you receive the maximum amount of compensation you are entitled to, which includes all future and current medical expenses, rehabilitative care costs, lost income and property damage. Our law firm is familiar with all the different sections of New York State and City law that pertain to pedestrians and we’ll use this knowledge to the benefit of your case.
Permanent Disfigurement
When a pedestrian is hit by a car the injuries that result can be severe. This is particularly true if a pedestrian is struck on the head. This kind of injury could result in a brain injury which can cause a concussion, or even a traumatic brain hemorrhage also known as a brain bleeding. The signs can include blurred sight or memory loss, as well as headaches. It is crucial that the patient see a doctor immediately and documents any injuries, including permanent scarring.
If a person is severely scarred or disfigured because of an accident, their quality of life could be significantly diminished and they may have substantial financial losses that can be compensated under civil law. Medical bills, prescriptions, surgeries, and ongoing care are the most obvious and significant losses.
This can be very costly and will likely include physical therapy as well as psychological counseling, or medical treatment for conditions such as depression, anxiety, or post-traumatic stress disorder. Missouri City accident attorney who is permanently damaged may also be unable to make an income and earn as they used to. This can result in significant loss of wages and a loss of future earnings that can be recovered as well.
Proving that a person suffers from a permanent disfigurement can be a challenge and is often disputed by insurance companies or defendants in court. Videos and photos can be used to prove the injury is permanent. It is also essential for the plaintiff to keep the track of all medical records and to have them reference the disfigurement as a result of the injury. Expert testimony can also be extremely beneficial in proving the extent of a permanent disfigurement as well as its impact on an individual’s quality of life and enjoyment of life.
It is crucial to know your rights if you’ve been seriously injured in a pedestrian accident. Contact a seasoned New York pedestrian injury attorney immediately. The attorney can review the details of your case and determine what kinds of damages you are entitled to recover. The lawyer will also determine the parties who could be held accountable for your injuries. It could be the driver of the vehicle that hit you or the city agency that is responsible for the poorly maintained sidewalks and faulty streetlights which contributed to your injuries or the company of a delivery or ride-share service driver on duty.