Why You Need a Pedestrian Accident Lawyer
A New York pedestrian accident attorney can help you recover damages such as medical bills and lost wages, pain and suffering, and more. Both New York City and State have laws in place to protect pedestrians from accidents with motor vehicles.
However, even when pedestrians obey the law, they could be struck by vehicles. A knowledgeable lawyer may uncover missed opportunities to receive compensation, for instance, from a government agency for unsafe crosswalks and sidewalks.
Pedestrians have the right-of-way
Many people believe that pedestrians always have the right-of-way when walking on the streets. However, this isn't the case. While pedestrians have certain rights, they also must adhere to the rules of the road in order to ensure their own safety and avoid collisions with motor vehicles.
Pedestrians can easily get hit by trucks and cars in the event that they jump off a curb or run into traffic without looking both ways. Fortunately, New York and New Jersey have laws to safeguard pedestrians.
If a pedestrian is struck by a car they are often struck with severe injuries that require extensive medical care and ongoing care. As a result they are often confronted with major personal and financial challenges that impact their daily lives. Often, pedestrians are left with massive medical bills that they have to pay even when they're not working and have no other source of income. The physical and emotional trauma that comes from an accident with a pedestrian is often life-changing and may have long-term consequences.
In the majority of cases, it was the driver's negligence was to blame for a collision. This includes drunken driving, distracted driving speeding, and reckless driving behind the wheel. Even if a pedestrian has violated a traffic rule typically, it's the driver responsible for hitting them.
The right-of-way for pedestrians is determined by state laws, local ordinances and traffic signs or signals. In most states, pedestrians are entitled to the right of way if they're in a crosswalk marked with an appropriate signal for walking, and they're in compliance with the other traffic laws. However the law isn't all black and white, and the issue of whether or not a person was entitled to the right-of-way in a specific situation can be very complicated and may depend on the specific circumstances of the case.
Whatever the circumstances any pedestrian can seek compensation for their injuries from the driver who caused them harm. It is essential to have a seasoned New York pedestrian accident lawyer on your side to help you learn the laws applicable to your area, determine the person responsible for your accident, and fight for the total compensation you deserve.
Internal Organ Injuries
When people are struck by vehicles, the torsos undergo a lot trauma that could result in internal organs being injured. This type of injury usually has devastating consequences that radically affect the person's day-to-day activities including the need for lengthy surgeries and the inability to work. These medical costs can quickly mount up and the victims may have to file a lawsuit to recover damages from the at-fault parties.
The internal bleeding triggered by an injured spleen or kidney is more difficult to stop than external wounds. A ruptured kidney or spleen is typically fatal if it is not treated promptly, and the injury to the victim's internal organs can affect the way in which other organs function.
Another frequent injury to internal organs is the spinal cord injury. This is a devastating injury that often leads to permanent paralysis that dramatically alters the life of the victim. It is not uncommon for pedestrians to experience an injury to their spinal cord in a car crash, because their head is secured by their skulls and they are generally unprepared for the sudden impact of a vehicle.
Injuries to the brain, lungs, and liver are also common for people injured by automobiles. Brain injuries can result in serious complications, such as memory loss and a loss of focus. A traumatic injury to the brain can also cause a condition known as a coma. Lung injuries such as a pneumothorax, that occurs when the air in the lungs leaks into the chest cavity, could also cause death if not treated promptly.
A tragically fatal but common occurrence in pedestrian accidents, especially when the victim suffers a spinal cord injury or other catastrophic injury. Victims or their loved ones might need to file a lawsuit against the driver who was at fault and his insurance company in order to get compensation for funeral expenses and other financial loss.
A knowledgeable and experienced pedestrian accident lawyer can help victims take legal action against individuals or companies responsible for their collision. Our firm is able to consult experts, such as biomechanical engineers, in order to provide evidence about how the collision occurred and caused the injury. This type of evidence could be crucial in preventing fraudulent claims made by the party responsible for the fault.
Broken and scarred Bones
Despite the existence of crosswalks, sidewalks and walking bridges, pedestrians can still be injured in traffic accidents. This is due to the fact that, despite laws, regulations, and other accommodations designed to safeguard pedestrians from motor vehicles, some drivers are just too reckless and negligent in their operation of motorbikes, trucks, cars and other motor vehicles that are parked on New York's streets.
Pedestrians often sustain serious injuries in these kinds of incidents which include traumatic brain injuries or spinal cord injury, as well as broken bones in the feet, hands and legs. Clearwater injury lawsuits who has suffered injuries like these are likely to face substantial medical bills and lost earnings due to missing work. That's why it is crucial for them to hire an skilled NYC pedestrian accident attorney who can assist them in seeking compensation through a lawsuit.
A pedestrian who is struck by a car or vehicle could also sustain soft-tissue injuries. This includes 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 will review the evidence relating to an accident involving a pedestrian, including medical records as well as police reports and photos and will provide an accurate and fair estimation of how much an injured person is entitled to in compensation.
In addition to economic damages that have an expense to the financial pedestrians may also be entitled to compensation for non-economic losses such as physical and emotional pain and suffering, humiliation and loss of enjoyment life. If, in addition, your personal property was damaged by the accident, you could be entitled to compensation for the repair or replacement costs.
An attorney from Oresky & Associates can guide you through the procedure of filing a pedestrian injury lawsuit against a motorist or another party who is responsible for your injuries. Our lawyers will fight hard to ensure that you receive the maximum amount of compensation that you are entitled to, which includes any future medical expenses, rehabilitation costs, lost income and property damage. Our firm is well-versed in all the sections of New York State law and City law that affect pedestrians. We will use this knowledge for your case.
Permanent Disfigurement
The injuries that can occur when a pedestrian is struck by a car are usually devastating. This is especially true when a pedestrian is hit on the head. This kind of injury can result in a brain injury which can cause a concussion, or even the traumatic brain hemorrhage known as a brain bleed. It can cause blurred vision, memory loss, and headache. It is important for the patient to visit an emergency physician immediately and document all of their injuries including any permanent disfigurement or scarring.
If someone is damaged or disfigured due to an accident their quality of life could be severely diminished and they may have substantial financial losses that could be compensated through civil law. The most obvious and significant financial loss is medical bills for treatments or prescriptions, surgeries and ongoing care that is required to treat the effects of the permanent disfigurement or scarring.
This can be a significant expense and will likely include physical therapy, psychological counseling or medical care for ailments like anxiety, depression or post-traumatic stress disorder. A person who is permanently damaged may also be unable to earn a living and perform the work they once did. This can result in significant loss of wages and a loss in future earnings which can be recovered.
Insurance companies and defendants in court often dispute the fact that a person is suffering from a permanent disfigurement. Photos and videos can be used to prove that the injury is permanent. It is also crucial for the plaintiff to keep track of all their medical records, and to have them reference the disfigurement as part of the injury. Expert testimony can prove the severity of a permanent disfigurement as well as the impact it has on a person's quality of life and enjoyment of life.
If you've been seriously injured in a pedestrian collision it is essential to be aware of your rights and get in touch with an experienced New York pedestrian accident attorney immediately. The attorney can review the details of your case and determine what kind of damages you're entitled to recover. The lawyer will also consider which parties may be held liable for your injuries. This could include the driver of the vehicle that struck you, a city agency for shoddy streets or defective street lights which contributed to your accident or the company of a delivery driver on duty or ride-share driver that was involved in the accident.