Why You Need a Pedestrian Accident Lawyer
A knowledgeable New York pedestrian accident lawyer can assist you in obtaining damages for medical bills, lost wages from working hours missed, pain and suffering and much more. Both New York City as well as the State have laws to protect pedestrians from motor vehicle crashes.
However, even if pedestrians abide by the law, they could be struck by vehicles. A seasoned attorney could uncover overlooked opportunities to seek compensation, like from a government entity for unsafe sidewalks or crosswalks.
Pedestrians are entitled to the right-of-way
Many people believe that pedestrians have the right of way when they are on the street. This isn't always the case. While pedestrians do have certain rights, it is important that they follow all road rules to ensure their safety and avoid accidents.
The risk for pedestrians is being struck by cars or trucks in the event that they suddenly cross a curb, or cross the street while not looking both ways. Fortunately, the law has been designed to protect pedestrians from injury caused by motor vehicles in New York and New Jersey.
If a pedestrian is struck by the vehicle, they usually suffer catastrophic injuries that require a long-term medical treatment and ongoing medical attention. As a result, they often face significant personal and financial challenges that affect their lives. Many pedestrians must pay for medical expenses that are huge when they don't work and earn no money. The physical and emotional trauma that comes from a pedestrian accident is often life-changing, and can have lasting consequences.
In the majority of instances, a driver's error is to blame for the collision. This can be due to distracted driving, drunk driving, speeding, and reckless driving. Even if a pedestrian was breaking a traffic law, it's usually the driver's fault that they rammed into them.
State laws local ordinances, state laws and traffic signals can decide the right of way a pedestrian has. In most states, pedestrians have the right-of-way if they are in a designated crosswalk with a walk signal and abide by any other traffic laws. The law isn't a simple black-and white and may be a bit ambiguous. It may also depend on the circumstances of a case.
No matter what the circumstance regardless of the circumstances, a pedestrian may claim compensation for their injuries from the driver that caused them harm. A New York pedestrian accident attorney can assist you in understanding the laws of your area, determine the driver responsible and fight for the compensation you are entitled to.
Internal Organ Injuries
When people are struck by vehicles, their body's torsos are subjected to a lot of trauma that can lead to internal organ injuries. This kind of injury could have devastating consequences on the life of the victim, including the need for long-term surgery as well as the inability to work. These medical costs can swiftly mount up, and victims may need to file a lawsuit in order to recover damages from those responsible.
If the person who is injured has kidney or spleen injury the organ can rupture, which causes internal bleeding that's not as quickly stopped as external wounds. A ruptured spleen or kidney is typically fatal if not treated promptly and the injury to the victim's internal organs can affect the way in which other organs function.
Another common injury to internal organs is the spinal cord injury. This is an extremely serious injury that could lead to permanent paralysis and profoundly alter the victim's life. In the event of a car accident, it is not uncommon for pedestrians only protected by their skulls to suffer a spinal injury.
Racine injury lawsuit
Links to an external site. , lungs, and liver are also common for people struck by cars. Brain injuries can lead to serious complications such as memory loss and a loss of focus. A brain injury that is traumatic could also lead to a insanity. Lung injuries, like a pneumothorax (when air from the lungs leaks into the chest cavity), are also fatal if they're not treated promptly.
The most devastating and common outcome of pedestrian accidents is the wrongful death particularly when the victim suffers a severe injury, like a spinal injury. Victims and their families might be required to file a suit against the driver at fault and his insurance company to get compensation for funeral expenses and other financial loss.
A skilled and knowledgeable pedestrian accident lawyer can assist victims pursue legal action against the individuals or businesses responsible for their collision. Our firm is able to consult with experts, such as biomechanical engineers, to provide evidence of how the collision occurred and how it led to an injury. This type of evidence could be crucial in thwarting false claims from the party responsible for the fault.
Broken and swollen Bones
Despite the presence of crosswalks and sidewalks, pedestrians are still vulnerable to injury in traffic collisions. This is due to the fact that, despite laws, regulations and precautions that protect pedestrians from motor vehicles, some drivers are just negligent and reckless in their operation of vehicles, trucks, motorcycles and other motor vehicles that are parked on New York's streets.
In these types of incidents, pedestrians are often injured seriously, including with injuries to the brain that are traumatic, spinal injury, and fractured bones on the legs, feet, and hands. People who have suffered these injuries are likely to face substantial medical bills as well as lost income due to missed work. This is why it is crucial for them to hire an skilled NYC pedestrian accident attorney who will help them seek compensation through a lawsuit.
A pedestrian who is hit by a car or a vehicle could also sustain soft-tissue injuries. These include bruises, muscle strains, and whiplash. These injuries can take a long time to heal, and can cause ongoing discomfort for the victim. A skilled attorney can review the evidence of the pedestrian's accident, including medical records, police reports and photographs, to provide an accurate and fair estimate of the amount of compensation to which a victim is entitled.
In addition to financial damages pedestrians could also be entitled to compensation for noneconomic damages, like suffering and pain (physical and emotional) humiliation, loss of enjoyment in life. If your personal property is damaged, you could be eligible for compensation for the repair or replacement cost.
An attorney from Oresky & Associates can guide you through the process of filing a pedestrian accident lawsuit against a driver or another party who is responsible for your injuries. Our attorneys will fight aggressively to ensure that you receive the entire amount of compensation that you are entitled to, including all current and future medical expenses, rehabilitative care costs, lost income and property damage. Our firm is familiar with all the sections of New York State law and City law that pertain to pedestrians. We will utilize this knowledge to help you in your case.
Permanent Disfigurement
If a pedestrian is struck by a vehicle the resulting injuries can be catastrophic. This is especially true if the person is struck on the head. This type of injury can result in a brain injury that results in a concussion, or even the traumatic brain hemorrhage known as a brain bleed. The symptoms can include blurred vision or memory loss, as well as headaches. It is crucial that the patient consults an emergency physician immediately and document all injuries, including any permanent scarring.
If a person is scarred or disfigured because of an accident, their quality of life may be severely diminished and they could suffer significant financial losses that can be compensated through civil law. Medical bills and prescriptions, surgeries and ongoing care are the most obvious and significant loss.
It is costly and may involve physical therapy, counseling or medical treatment for conditions such as depression, anxiety, or post-traumatic disorder. In addition to these costs, a person who is permanently disabled is often incapable of working and earning a living as they once did. This can result in significant lost wages as well as a loss of future earnings that can be recouped in addition.
Proving that a person suffers from a permanent disfigurement can be difficult and is often disputed by insurers or defendants in court. Photos and videos can help in establishing that the injury is indeed permanent. It is important that the plaintiff keeps an eye on their medical records and that they refer to the disfigurement in the injury. Expert testimony can also be very useful in proving the extent of a permanent disfigurement as well as its impact on a person's quality of life and enjoyment of life.
If you have been seriously injured in a pedestrian collision, it is important to know your rights and get in touch with an experienced New York pedestrian accident attorney immediately. The lawyer will examine the facts in your case to determine what damages you could be entitled to. The lawyer will also determine which parties could be held accountable for your injuries. This could include the driver of the vehicle who hit you as well as the city agency responsible for the poor maintenance of streets and streetlights which contributed to your injuries or even the company of a ride-share or delivery service driver who is on duty.