Why You Need a Pedestrian Accident Lawyer
A New York pedestrian accident attorney can assist you in recovering damages such as medical bills and lost wages, pain and suffering, and many more. Both New York City as well as the State have laws to protect pedestrians from crashes caused by motor vehicles.
Even if pedestrians follow the law, they may still be struck by cars. Harlingen accident attorney seasoned attorney could uncover overlooked opportunities to seek compensation, like from a government entity for unsafe crosswalks and sidewalks.
Pedestrians are entitled to the right-of-way
Many people believe that pedestrians have the right of way when they are walking on the street. This isn't always the case. While pedestrians have certain rights, they also must adhere to the rules of the road to ensure their safety and avoid accidents with motor vehicles.
Pedestrians can easily get hit by cars and trucks if they step suddenly off the curb or run into traffic without looking both ways. Fortunately, New York and New Jersey have laws to protect pedestrians.
When a pedestrian is hit by vehicles, they often suffer devastating injuries that require extensive medical treatment and ongoing care. As a result they are often confronted with major personal and financial difficulties that affect their daily lives. Many pedestrians have to pay for medical expenses that are huge when they don't work and earn no money. In addition emotional and physical trauma resulting from an accident with a pedestrian can be life-altering and can have long-term effects.
In most instances, the driver's carelessness is the primary cause of the accident. This includes drunken driving, distracted driving or speeding behind the wheel. Even if a pedestrian violates a traffic rule typically, it's the driver at fault for hitting them.
A pedestrian's right-of-way can be determined by local ordinances, state laws and traffic signals. In the majority of states, pedestrians are entitled to the right of way if they are in a crosswalk that has an appropriate signal for walking, and they're in compliance with all other traffic laws. The law isn't black-and-white and can be complicated. It can also depend on the circumstances of a case.
A pedestrian is able to sue the driver responsible for their injuries, regardless of the circumstances. It is crucial to have a seasoned New York pedestrian accident lawyer on your side to help understand the laws in your local area, identify who was at fault for the accident, and fight for the full compensation you deserve.
Internal Organ Injuries
When victims are struck by vehicles, their torsos experience a lot of trauma which can result in injuries to internal organs. This type of injury usually causes severe consequences that drastically affect the person's day-to-day activities including the need for lengthy surgeries and the inability to work. These medical costs can swiftly grow, and victims might have to file a lawsuit in order to seek compensation from the parties responsible.
If the person injured suffers a spleen or kidney injury, the organ can rupture, causing internal bleeding that's not as quickly stopped as external wounds. A ruptured spleen or kidney is typically fatal if it is not treated promptly and the victim's internal damage can affect the way in which other organs function.
Another common injury to internal organs is an injury to the spinal cord. This is a catastrophic injury that can lead to permanent paralysis that dramatically changes a victim's lifestyle. It is not unusual for pedestrians to suffer an injury to their spinal cord in a car crash, as their head is only secured by their skulls and they are generally unprepared for the sudden impact of a car.
People who are hit by cars often suffer injuries to the lungs, brain, and liver. Brain injuries can lead to serious complications, such as memory loss and a loss of focus. A traumatizing injury to the brain could cause a condition known as a coma. Lung injuries, such as pneumothorax (when air from the lungs leaks into the chest cavity) can also be fatal if they're not treated promptly.
The most tragic and frequent result of pedestrian accidents is wrongful death particularly when a person suffers a catastrophic injury, like a spinal injury. Victims and their families may need to file a lawsuit against the driver who was at fault as well as the insurance company that covers the driver to recover compensation for funeral expenses and other financial damages.
A pedestrian accident lawyer who is knowledgeable and experienced can assist victims file a lawsuit against those responsible for their accident. Our firm can work with experts, including biomechanical engineers, to provide evidence of how the collision occurred and how it led to an injury. This type of evidence can be vital in stopping frivolous claims from the party at fault.
Broken and swollen Bones
Even with the presence of sidewalks, crosswalks and walking bridges, pedestrians still can be injured in traffic accidents. This is because certain drivers regardless of laws and regulations, and even accommodations designed to protect pedestrians from accidents caused by motor vehicles, are too reckless and negligent when operating their trucks, cars and motorcycles on New York streets.
In these kinds of accidents, pedestrians are often injured seriously, including with trauma to the brain or spinal injury as well as broken bones on the legs, feet and hands. These injuries can cause large medical bills and loss of earnings due to the absence of work. Therefore, it is essential to find a seasoned NYC pedestrian accident lawyer to assist you in seeking compensation.
When a pedestrian is hit by a car or other type of vehicle, he may also suffer soft tissue injuries that can include muscle sprains, bruising and strains, and whiplash. These injuries could take months or even years to heal, and they could cause ongoing discomfort and pain for the victim. An experienced attorney will review all evidence relating to a pedestrian accident, including police reports, medical records and photographs, in order to provide a reliable and fair estimate of the amount of compensation to which a victim is entitled to.
In addition to the economic damages that have an expense to the financial, pedestrians can claim compensation for other damages, like emotional and physical suffering and pain, humiliation and loss of enjoyment of 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 other party responsible for your injuries. Our lawyers will fight hard to ensure that you receive the maximum amount of compensation that you are entitled to, including all current and future medical expenses, rehabilitative care costs, lost income and property damage. Our law firm is familiar with all the various sections of New York State and City law that pertain to pedestrians and we will apply this knowledge to the advantage of your case.
Permanent Disfigurement
If a pedestrian gets hit by a vehicle the resulting injuries can be severe. This is especially true if the pedestrian is hit on the head. This type of injury may result in brain trauma, leading to a concussion or a traumatic cerebral hemorrhage. The symptoms can include blurred vision, memory loss, and headaches. It is essential that the patient see an emergency physician immediately and document all injuries, including permanent scarring.
If a person is damaged or scarred as a result of an accident, their quality of life can be substantially reduced and they may have substantial financial losses that can be compensated by civil law. The most obvious and significant financial loss are medical bills for treatments such as prescriptions, surgeries, and ongoing care required to help manage the effects of the permanent disfigurement or scarring.
It is costly and may include physical therapy, counseling or medical treatment for illnesses such as depression, anxiety, or post-traumatic disorder. In addition to these costs those who are permanently disfigured is often not able to work and earn a living as they used to. This can lead to substantial lost wages and the loss of future earnings that can be recovered in addition.
Insurance companies and defendants in court often argue that a person has permanent disfigurement. Videos and photos can be used to prove the injury is permanent. It is important that the plaintiff keep the medical records of their patients and have them mention the disfigurement that occurred in the injury. Expert testimony can also prove the extent of a permanent injury and the impact it has on a person's quality of life and enjoyment of life.
If you've been seriously injured in a pedestrian crash, it is important to be aware of your rights and contact an experienced New York pedestrian accident attorney immediately. The attorney will analyze the details of your case to determine what damages you could be entitled to. The attorney will determine the parties who could be held responsible for your injuries. This could include the driver of the vehicle that struck you or a city agency responsible for poorly maintained sidewalks or street lights that were not functioning properly that caused your accident, or the company of an on-duty delivery or ride-share driver who was involved in the accident.