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Pedestrian Accidents

Pedestrian Accident Lawyer in Queens

In 2018, New York motorists hit 19,542 pedestrians. Of these pedestrian accidents, 262 were fatal.

These statistics come as no surprise due to the state’s heavily populated urban centers. But, while pedestrians may be fully aware of the dangers they experience on a daily basis, accidents are no less shocking or traumatic when they occur.

At the Law Office of Seni Popat, P.C., our pedestrian accident attorney takes great pride in representing the injured residents of Queens. If you or a loved one has been in a pedestrian accident, Attorney Popat wants to be your dedicated advocate from start to finish. Our law firm is here to fight for the monetary compensation you and your loved ones need and deserve.

Schedule your free initial consultation by reaching out to us online or calling (718) 340-3385. The Law Office of Seni Popat, P.C. provides accessible, flexible, and responsive services from beginning to end.

Common Injuries in Pedestrian Accidents

Pedestrians involved in accidents can suffer from a wide range of injuries. Some of the most common ones include shoulder displacement, vertebrae injuries, neck injuries, jaw fractures, and skull damage. Lacerations or cuts are fairly common as well.

Internal injuries can also occur, such as internal bleeding, rib fractures, punctured lungs, brain bleeds, ruptured spleen, and other organ damage. These injuries can be particularly serious due to their potential to be life-threatening.

People who are injured in pedestrian accidents may also sustain traumatic brain injuries, damage to their musculoskeletal system, and chest injuries. Soft tissue injuries are also fairly common and include rips, sprains, strains, bruises, and dislocated joints.

One of the most frequent injuries is a fracture or break of a bone, particularly one in the arm, leg, or pelvis. Further cases of traumatic brain injury and spinal injuries are also frequently observed. In serious cases, pedestrian accidents may result in limb loss.

What Commonly Causes Accidents Involving Pedestrians?

Pedestrian accidents can occur due to a multitude of reasons. Sometimes, hazardous road or weather conditions can contribute, as can insufficient lighting or subpar sidewalks. However, often, the fault lies with the driver due to error or lack of attention.

Frequently observed mistakes by motorists include:

  • Being distracted while driving
  • Operating a vehicle under the influence
  • Not yielding the right of way
  • Engaging in moving violations (like speeding, running red lights, etc.)
  • Making illegal or dangerous turns (such as turning right on red)

At times, pedestrians may also be partially at fault, such as when they jaywalk or choose to walk on the road despite the presence of a sidewalk. However, pedestrians typically have the right of way and there could be extenuating circumstances, such as an available but unsafe sidewalk. An experienced pedestrian accident attorney can assist in determining if you have a valid case and seek damages from any liable parties involved.

How Do Pedestrian Accident Claims Work?

New York is a no-fault insurance state. In other words, motorists are required by law to carry Personal Injury Protection (PIP) coverage. In the event of an accident, the insurer covers the medical expenses of the policyholder (no matter who caused the collision).

So, when a motorist hits a pedestrian in New York, the pedestrian may file a claim with:

  • The motorist’s insurance company;
  • The insurer of the pedestrian’s household family relative with an auto policy (if the pedestrian did not know the vehicle, or the vehicle was not covered by PIP insurance); or
  • The Motor Vehicle Accident Indemnification Corporation (if no one in the pedestrian’s household carries insurance).

The compensation a pedestrian receives through any of these claims should cover both lost earnings and medical expenses (e.g., hospitalizations, medication, physical therapy, etc.).

Unfortunately, PIP coverage is only $50,000, which means it likely won’t cover the costs of a serious injury. It also does not provide anything in the way of compensation for pain and suffering. A pedestrian who requires additional compensation beyond the $50,000 threshold will need to file a lawsuit against the driver. If this is the case for you, our attorney is fully prepared to fight for a positive case outcome on your behalf.

Can a Pedestrian Be at Fault?

Because of New York’s no-fault laws, fault is irrelevant if you are only seeking compensation through a motorist’s PIP coverage. Even if a pedestrian is (arguably) fully responsible for the accident, they will still be entitled to this coverage.

Furthermore, motorists in pedestrian accidents are almost always at fault because pedestrians almost always have the right-of-way. Motorists, therefore, are legally obligated to yield to pedestrians at all times.

However, some incidents may absolve the motorist of a certain percentage of fault. If, for example, the pedestrian crossed against the light or jaywalked, they may no longer be entitled to full compensation if they sue the driver. Because New York is a comparative negligence state, compensation diminishes as the plaintiff’s level of fault increases.

Get Your Personalized Case Assessment Today

While no amount of money may undo the pain you experienced, compensation can help you maximize your likelihood of achieving a full recovery. By covering medical expenses and compensating for lost wages, it can help you take as much time as necessary to heal at home instead of working through your injury.

At the Law Office of Seni Popat, P.C., our pedestrian accident lawyer in Queens has years of experience securing fair compensation for our clients. We are fully prepared to fight for your financial wellbeing and hold the responsible motorist accountable for their negligence.

Call (718) 340-3385 or contact us online to begin with a complimentary case evaluation. Our Queens pedestrian accident attorney personally handles each case from start to finish and works tirelessly to be there for you whenever you need him.

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