About 2 percent of pedestrian accidents in New York are fatal. In January 2013 alone, 28 pedestrians were killed by motor vehicles. On average, New York City sees one pedestrian fatality a day. The trauma inflicted by a fatal pedestrian accident affects all parties involved. The loss to the family and friends of the victim is incalculable. If you or a loved one has been injured by a motor vehicle, contact an attorney at Jaroslawicz & Jaros to set up your free initial consultation. Call 212-227-2780 today!
Steps For Pedestrians To Take Filing An Accident Claim
File a police report
- Often, the police will fill this out at the scene of the accident. If you are rushed to the hospital to undergo surgery, they will send an officer to record your report when you are in a lucid state. It’s important to be as detailed as possible. Try to recall your exact location and about how fast the driver was approaching you. If there is any debate over liability, the police report can be a deciding factor.
Keep track of medical expenses
- Injuries may range from a scraped knee to a coma, but it’s important to keep records of all medical bills regardless. If you are not responsible for the accident, you deserve full compensation for your expenses. This goes for time away from work as well. If you are incapable of going to work, keep an account of the days missed in case there is any discrepancy with your employer.
Contact an injury lawyer
- Pedestrian accident cases can be rather complex. If you or a loved one has been hurt in a pedestrian accident in which someone else was at fault, you should be aware that there are laws protecting you and guaranteeing your right to seek compensatory damages.
Dealing With Your Insurance Company
The amount of compensation you receive after being hit by a car will depend on your assets, both parties’ insurance, the extent of your injuries and how much the pedestrian contributed to the accident. As an injured pedestrian, your most likely source of compensation after the accident is auto insurance. Even if the person driving the vehicle has little or no insurance, your auto insurance company may be required to cover your losses.
New York is one of 12 “no fault” states. What this means is that, regardless of fault, an insurance company will pay cyclists, pedestrians, drivers and passengers up to $50,000 for legitimate economic losses. This goes toward medical bills, ambulance fees and lost wages. A separate lawsuit must be filed against the driver to address noneconomic damages such as pain and suffering or any fees surpassing $50,000.
Often, the driver’s insurance company, and perhaps your own, will give you the least amount of reparations possible. If you are unfamiliar with an insurance company’s obligations, it will urge you to take its settlement and avoid any lawsuits. Do not sign any dotted lines until you have at least spoken to a New York City pedestrian injury attorney at Jaroslawicz & Jaros. Don’t settle for less; if the insurance company won’t pay you fairly, we are prepared to take legal action against it.
Economic Damages Vs. Noneconomic Damages
As mentioned above, under “no fault” law, you are automatically entitled to up to $50,000 in compensation for “economic damages.” Economic damages are any damages that can be measured by a bill, tax form or receipt. Some examples of economic damages are as follows:
- Money to repair your car
- Medical bills
- Lost wages
- Money to pay for household services that you are no longer capable of performing
- Money for future economic losses (i.e., wages you might have earned)
Most people refer to noneconomic damages under the more generic term of “pain and suffering,” but noneconomic damages actually include much more. Noneconomic damages are subjective in nature and measure the emotional impact the accident had on your life — hence the term “pain and suffering.” One important factor that may be considered is the change in one’s lifestyle and activity level before versus after an injury.
Hire A Trusted New York Trial Attorney
Pedestrians victimized by irresponsible driving should contact a New York City personal injury attorney right away to discuss their legal options. At Jaroslawicz & Jaros, we have helped many victims of pedestrian accidents in New York City obtain financial recompense for injuries. Since our firm was founded in 1980, we’ve helped our clients recover more than $1 Billion in damages for a wide range of personal injury and wrongful death claims. We are prepared to put that experience and legal success to work for you.
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