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Navigate Your Rights After a NY Pedestrian Accident

Navigate Your Rights After a NY Pedestrian Accident

Understanding Pedestrian Rights in New York

When you are walking in New York, it is crucial to know your rights as a pedestrian. The streets are busy, and accidents can happen. Under New York law, you have specific rights that protect you. These include the right to walk on sidewalks and cross streets at marked crosswalks safely. Also, traffic laws require drivers to yield to pedestrians in most situations. Knowing these laws helps you understand when you have the right of way and can keep you safer.

However, even if you follow all the rules, accidents can still occur. If you are involved in a pedestrian accident, understanding your legal rights is the first step in protecting yourself. New York’s traffic laws are designed to ensure pedestrian safety, but they can be complex. For instance, if a driver fails to yield at a crosswalk, they may be at fault for any accident that occurs. Knowing these details can help you later if you need to make a claim or take legal action.

It is also important to be aware of the responsibilities of drivers and pedestrians under New York law. While pedestrians have the right to safe passage, they must also adhere to traffic signals and not jaywalk. On the other hand, drivers must be vigilant, especially in areas with high pedestrian traffic. Understanding these responsibilities helps you identify when a breach of duty has occurred which is key in any legal claim following an accident.

Immediate Actions Post-Accident

If you are involved in a pedestrian accident in New York, the first thing you should do is seek medical attention. Even if you feel fine, some injuries, like concussions or internal injuries might not be immediately obvious. Getting checked by a healthcare professional not only ensures your well-being but also creates a medical record that can be crucial if you decide to pursue legal action.

Next, it is important to report the accident to law enforcement. A police report provides an official record of the incident which is valuable when dealing with insurance companies or if you decide to take legal action. Make sure to give a clear account of what happened and get the contact information of any witnesses. This information can be invaluable later on.

Documenting the scene and your injuries is another crucial step. If possible, take pictures of the accident scene, including any street signs, vehicles involved, and your injuries. This visual evidence can be very helpful when you need to explain what happened. Also, keep records of any medical treatment you receive and how the accident impacts your daily life. These details are important when seeking compensation for your injuries.

Dealing with Insurance Companies

In New York, dealing with insurance companies after a pedestrian accident can be tricky. The state follows a no-fault insurance system, which means that your own insurance company may cover your medical expenses and lost wages, regardless of who was at fault. It is important to file a claim with your insurance company as soon as possible after the accident.

When filing a claim, there are some things you should or should not do. Do provide all the necessary information and documentation, but do not agree to a settlement or sign anything without understanding the full extent of your injuries and losses. Insurance companies often try to settle quickly and for less than you might need or deserve. It is a good idea to consult with us before making any decisions.

It is also crucial not to settle too quickly with an insurance company. Sometimes, injuries take time to fully manifest or might require ongoing treatment. Accepting a quick settlement might mean you end up with less compensation than you need to cover all your expenses. We can help you understand the value of your claim and negotiate with insurance companies on your behalf to ensure you receive fair compensation.

Legal Considerations and Liability

After a pedestrian accident in New York, determining who is at fault is a key legal consideration. Fault and negligence are important concepts in these cases. For example, if a driver was speeding or failed to yield, they might be considered negligent and therefore responsible for the accident. On the other hand, if a pedestrian was jaywalking or not paying attention, they might also bear some responsibility.

New York follows a comparative negligence rule. This means that even if you were partially at fault for the accident, you could still recover compensation. However, the amount you can recover will be reduced by your percentage of fault. So, if you were 30% at fault, you could only recover 70% of the total damages. Understanding how this law applies to your case is crucial for a fair outcome.

Our lawyers can help you navigate these legal aspects. We understand New York laws regarding pedestrian accidents and can help determine liability and fault. Our team can gather evidence, such as witness statements and traffic camera footage, to build a strong case on your behalf. We aim to ensure your rights are protected and that you receive the compensation you deserve.

Compensation and Damages

If you are injured as a pedestrian, you might be entitled to various types of compensation. This can include medical expenses for treatments you have already received and any future medical care you might need. Lost wages, if you missed work due to your injuries, and compensation for any reduction in your ability to earn in the future, are also possible.

Calculating damages in a pedestrian accident case involves considering not only your current expenses but also the long-term impact of your injuries. This might include ongoing medical care, physical therapy, and any modifications you need to make to your home or lifestyle. Pain and suffering are also factors in these calculations, though they can be harder to quantify. Our lawyers can help estimate the full extent of your damages.

Evidence plays a crucial role in maximizing your compensation. Medical records, witness statements, and documentation of lost wages are all important. Additionally, any evidence that can demonstrate the severity of your injuries and their impact on your life will be valuable. Our firm can assist in gathering and presenting this evidence effectively to ensure you receive fair compensation for your injuries.

Statute of Limitations in New York

In New York, it is crucial to be aware of the statute of limitations for filing a pedestrian accident lawsuit. The statute of limitations sets a deadline for when you can legally file a claim. For most personal injury cases in New York, this deadline is three years from the date of the accident. If you do not file your lawsuit within this time frame, you may lose your right to seek compensation.

However, there are exceptions to this rule. For instance, if the injured party is a minor, the time frame may be extended. Additionally, in some cases where the injury was not immediately discovered, the clock might start ticking from the date of discovery. It is important to understand these nuances to ensure you do not miss your opportunity to file a claim.

If you are considering legal action after a pedestrian accident, it is best to get in touch with us as soon as possible. Our attorneys can help you understand the statute of limitations and ensure your claim is filed in a timely manner. We will take care of the legal details so you can focus on your recovery.

Hiring a Pedestrian Accident Attorney

Hiring a lawyer can greatly benefit you if you are involved in a pedestrian accident in New York. Navigating the legal system, dealing with insurance companies, and understanding the complexities of the law can be overwhelming. We are here to help. Our attorneys have experience handling pedestrian accident cases and can guide you through the process.

One key benefit of working with us is our understanding of New York laws and how they apply to your case. We can assess your situation, advise you on the best course of action, and represent your interests, whether in negotiations with insurance companies or in court. We also provide support in gathering evidence, filing paperwork, and meeting all legal requirements. Our goal is to make sure your rights are protected and that you receive the compensation you deserve for your injuries.

Contact Law Office of Frank J. Cassisi, P.C. to Discuss Your Pedestrian Accident Lawsuit

If you have been involved in a pedestrian accident in New York, it is important to take the right legal steps. Contacting Law Office of Frank J. Cassisi, P.C. is a great first step. Our team of experienced attorneys is ready to help you navigate the complexities of your case and fight for the compensation you deserve.

You can reach us at (516) 294 5050. Our attorneys are ready to discuss your case and provide guidance on how to proceed or you can submit a form on our website to schedule a free consultation. We are here to listen to your story, answer your questions, and provide the legal support you need.

Choosing Law Office of Frank J. Cassisi, P.C. means choosing a team that understands your situation and is committed to representing your best interests. We have a track record of successfully handling pedestrian accident cases in New York. Let us put our knowledge and experience to work for you. Call us or submit a form today – we are here to help you get the justice and compensation you deserve.

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