PEDESTRIAN STRUCK BY MOTOR VEHICLE

Pedestrian accidents often injure those who are most vulnerable – school children walking to and from school or elderly persons who are trying to cross busy streets.  Another common type of pedestrian accident occurs when a car, truck or van hits a pedestrian in a crosswalk because the driver is concentrating on other motor vehicle traffic and is not looking at the pedestrian.

The metropolitan area can be extremely dangerous for pedestrians due to the busy traffic, parked cars and lots of people who are trying to walk from one place to another at the same time.

Children who often play outside their apartment buildings or homes are also vulnerable to pedestrian accidents because they may run into the street to get a ball or walk/run between parked cars.  Operators/drivers of motor vehicles have an obligation to look out for children.

Likewise, drivers of taxis, livery cabs, limousines and any other vehicles for hire are also required to be fully cognizant of all pedestrian traffic around them.  All to often, these drivers are busy concentrating on looking for another fare, getting from one place to another quicker or conducting business inside their vehicle which ends up distracting them thereby leading to dangerous and life threatening pedestrian accidents.

For over 25 years, our office has concentrated in handling a variety of pedestrian accident cases including pedestrians struck by a vehicle where the driver:

• Failed to yield the right of way to a pedestrian crossing a street; Ignored a traffic signal or stop light;

• Failed to look for a person in the crosswalk when turning from one street onto another street;

• Failed to look behind their vehicle when backing up;

• Was speeding or driving recklessly;

• Was driving too close to the shoulder or curb of the road;

• Passed a stopped school bus;

• Was speeding in a school zone or construction zone;

• Was driving while under the influence or intoxicated.

The seriousness of pedestrian injuries  depends upon various factors including the speed of the vehicle and/or the areas of impact.  Unfortunately, injuries from pedestrian accidents can range from connective/soft tissue damage including but not limited to cartilage, ligaments and tendons to broken bones (fractures) anywhere on the body.  Especially vulnerable are the upper and lower extremities which can result in fractures of the tibia and fibula of the lower leg and the femur in the upper leg or a fracture to the knee cap (Patella).  If a pedestrian is thrown into the air, injuries can also include injury and damage to the brain or internal injuries to the various organs in the body including the kidney, liver or spleen.  Unfortunately, these accidents can also give rise to wrongful death.

Inasmuch as most pedestrian accidents are always very serious it is extremely important to obtain all of the financial compensation you or your loved ones are entitled to as a result of the pain, suffering and debilitating nature of any injury and the effect on the ability to enjoy life or partake in normal activities associated with daily living.

PEDESTRIAN ACCIDENTS AND NEW YORK NO-FAULT INSURANCE LAW

In addition to permitting pedestrians to recover financial compensation for their pain, suffering and loss of any enjoyment associated with the activities of daily living associated with injuries that have been proven to be serious under the law, New York’s no-fault insurance law also permits pedestrian victims involved in a motor vehicle accident to receive payment for medical expenses, lost wages and certain other reasonable and necessary expenses related to the accident on a prompt basis directly from the insurance company covering the driver of the vehicle which made contact with the pedestrian regardless of whether the accident was the driver’s fault or not.

What this means is that one of the purposes of the no-fault insurance law is to restore pedestrians who have been hurt in automobile accidents to as much health and productivity as swiftly as possible without having to wait to have their medical bills or lost wages paid.  Once a proper claim has been timely made with the driver’s insurance company, all medical bills relating to medical care and treatment rendered due to the accident and any claim for lost wages will be submitted to the driver’s insurance company whether the accident was his or her fault or not.

In other words, regardless of whether you or a loved one intends to start a lawsuit seeking financial compensation for pain, suffering and the debilitating effects of injuries associated with a motor vehicle accident, the insurance company covering the owner/driver of the motor vehicle which came into contact with you or a loved one must provide certain benefits associated with medical care, treatment and other reasonable and necessary expenses flowing from the motor vehicle accident irrespective of whose fault the accident was.  As long as a timely claim is made to the owner/driver’s insurance company and medical bills and/or other necessary documentation are timely submitted to said insurance company, coverage will be available.

Basic no-fault (also known as personal injury protection “PIP”) auto insurance coverage includes the following:

• Reasonable and necessary accident related medical and rehabilitation expenses (in

accordance with established fee schedules);

• 80% if lost wages from work, up to a maximum payment of $2,000.00 per month for up to 3 years from the date of the accident; subject to statutory offsets for New York State Disability, Workers’ Compensation and Federal Social Security Disability benefits;

• Up to $25.00 a day, for up to a year from the date of the accident to reimburse other reasonable and necessary expenses (e.g., household help and transportation expenses to/from medical treatment) resulting from the motor vehicle accident; and

• A $2,000.00 death benefit (in addition to the $50,000.00 basis no-fault limit), payable to the estate of a person eligible for no-fault benefits who is killed in a motor vehicle accident.

As a pedestrian, even if you or your loved one is covered with private health insurance, the no-fault insurance available from the owner/driver’s insurance company is considered primary coverage to any health insurance which means that it must pay first in the event that medical care and treatment due to injuries is from the motor vehicle accident.

PEDESTRIAN ACCIDENTS – FAQs

Q:      I have been hurt in a pedestrian accident and I want to file a claim for my injuries.  What’s the first thing I should do?

A:      There are a number of things you can do in the first few days and weeks after an accident involving a motor vehicle in order to protect your rights to seek compensation.  Obviously, it is important to contact a lawyer as quickly as possible so that you can find out specifically what needs to be done so your rights are not diminished.  In any event, you should also do the following:

(1)     Write down as much as you can about the accident itself, your injuries and any other losses (such as wages) you or a loved one has suffered as a result of the accident;

(2)     Make notes of conversations that you either had or are having with people involved in the accident or the injury claim;

(3)     Preserve evidence of who caused the accident and what damage was done by collecting physical items in addition to taking photographs;

(4)     Retain all witness information including names, telephone numbers and addresses because these people will be very helpful in proving your case;

(5)     Obtain the police report or at a minimum the information necessary in order to get the police report such as an accident report number and the precinct involved so you can identify the proper owner/driver of any vehicle involved in the accident.

Q:      Should I speak to an insurance company adjuster/representative who calls me on behalf of the owner/driver of the vehicle involved?

Q:      What is I was partially at fault for the accident?

A:      It doesn’t matter if you bear some responsibility for the accident because you still have the right to seek financial compensation for your pain, suffering and any loss of enjoyment due to debilitating injuries which were caused by the partial fault of any owner/driver of the vehicle which stuck you. If you do bear some responsibility for the accident, this may simply reduce your eventual recovery of monies from the owner/driver.  For example, if you were 50% at fault, your recovery may be reduced by 50%.  Once again, the issue of fault has no bearing on the no-fault benefits discussed above and only plays a role in diminishing your recovery in your claim for pain, suffering and loss of enjoyment due to the debilitating injuries in a lawsuit started by you.

Q: As a pedestrian, what duty is placed upon me to avoid accidents?

A: Every pedestrian has the duty to obey traffic laws which relate to pedestrian obligations and

requirements depending upon the location of the accident.  For example, when crossing a street, New York City law requires pedestrians to cross the street at a particular location such as a crosswalk and only when the light is in their favor.  Of course, every situation is different but a failure to obey certain traffic laws and responsibilities can certainly affect the determination of fault.

Q:      How soon after I am injured do I have to file a lawsuit?

A:      Every state has certain prime limits called “Statutes of Limitations” which govern the amount of time you have to file a personal injury lawsuit.  If you miss the deadline for filing your case, you probably will not be able to file a lawsuit or a claim/lawsuit you filed can be dismissed.  More importantly, if there is a governmental agency or the municipality is involved (a defective traffic light or a municipal vehicle was involved) the time period may be extremely shorter and there may be other documents which need to be filed prior to being allowed to file a lawsuit.  Consequently, it is important to talk with a lawyer as soon as possible so that you do not diminish your rights.

Q:      What damages are recoverable in a pedestrian/motor vehicle accident case?

A:      As discussed above, the no-fault benefits entitled to a pedestrian as a result of injuries are separate and apart from any right to start a lawsuit in order to recover damages for past and future pain, suffering and loss of enjoyment due to debilitating injuries as well as other damages.  Obviously, it is best to call an attorney in order to receive guidance concerning what the various recoverable damages are and whether or not the injuries sustained by you or a loved one permit a lawsuit and/or claim to be filed.  In the event of a death or a pedestrian, aggrieved family members have a legal right to seek compensation for their losses and suffering.

Q:      What if I have  no information concerning the vehicle involved in the accident or I find out there is no insurance coverage available?

A:      Obviously, have as much information available as possible as well as any documentation concerning the accident and any medical care and treatment which was rendered to you or your loved one.  However, if this information and documentation is not available, we often have resources available to us in order to recover all necessary information and documentation.  For example, we have at our disposal various investigators and other companies who are trained to undertake various steps and procedures to secure vital information and documentation on a timely basis.  If an investigation reveals there is no insurance coverage available concerning the vehicle involved in the accident, the law does provide other avenues for you to recover financial  compensation in order to cover your pain, suffering and any other damages.  For example, if you have been involved in an accident with an uninsured or underinsured (a vehicle with inadequate coverage) vehicle the insurance carrier(s) providing coverage for motor vehicles which exist in your household may be required to step in to cover you for your damages sustained in an accident with an uninsured vehicle.  If there was no automobile in your household on the day of your accident, then a corporation which has been set up by the State of New York (Motor Vehicle Accident Indemnification Corporation) may be required to step in and provide you with coverage and compensation as a result of your injuries and damages.  Of course, it is best to call an attorney immediately to discuss this situation so that all necessary and proper steps can be taken on a timely basis.

Q:      What if I have no medical insurance or coverage in order to pay for medical care and treatment?

A:      As we have indicated above, if you have been involved in any type of motor vehicle accident whether as a driver, passenger or even a pedestrian, your medical bills will be covered through no-fault insurance. Therefore, it is not necessary for you to have private health insurance or coverage from any other source. If you do not have a doctor or any other health care provider and you are not sure where to turn or who to go see, certainly we can assist you in obtaining immediate and excellent medical care and treatment in order for you to get better. These health care providers will receive payment for any medical services rendered to you directly from the no-fault provider (insurance company) which is responsible for paying all of your medical expenses under the no-fault law as a result of the motor vehicle accident.