If you were hit by a car as a pedestrian on Long Island or anywhere else in New York State, the first thing you should do is prioritize your health. See a doctor immediately if you have an injury. Next, you should file a claim against the driver’s personal injury protection (PIP) insurance. (There is a 30-day-from-date-of-accident deadline to file.) Depending on the severity of your injuries, you may also be able to recover compensation through a liability insurance claim or personal injury lawsuit.
A Long Island pedestrian accident lawyer will tell you more about your options for recovering damages and fight for the maximum possible award.
- Steps to Take After a Pedestrian Accident in New York
- How to Recover Pedestrian Accident Compensation
- How Long Do You Have to File a Pedestrian Accident Lawsuit?
- Contact Friedman & Simon Injury Lawyers L.L.P. About Your Pedestrian Accident
Steps to Take After a Pedestrian Accident in New York
You should do several things if you were hit by a car as a pedestrian to protect your health and potential claim for compensation. If a motor vehicle hit you, you should:
Seek Medical Treatment
The human body is no match for a motor vehicle, and pedestrian accidents can cause severe and life-altering injuries. If you did not receive emergency medical treatment at the accident scene, see a healthcare provider immediately to diagnose and treat your injuries.
Seeing a doctor will ensure you do not have undiagnosed or worsening injuries. It will also generate a medical record that will be vital evidence in your personal injury claim. After receiving medical treatment, follow your doctor’s orders, attend all future appointments, and do not participate in activities that could aggravate your condition.
File a Claim Against the At-Fault Driver
Contact the vehicle driver’s insurance company and inform them of your claim. Policy deadlines can be short, and waiting could lead to allegations that your injuries did not occur in the crash.
Let Us Handle the Insurance Company for You
You are not required to speak with the at-fault driver’s insurance company, and we strongly advise against doing so. Insurance adjusters try to minimize payouts by pressuring you to accept a low settlement or using your own words against you. Instead of risking your claim, let our experienced legal team handle all communications on your behalf.
Do not accept an initial settlement offer without speaking to a pedestrian accident attorney first. At Friedman & Simon, L.L.P., we will protect your rights, negotiate for the maximum compensation you deserve, and ensure that the insurance company does not take advantage of you. Contact us today, and let us fight for you while you focus on your recovery.
Consider Hiring a Personal Injury Lawyer
A personal injury attorney will protect your rights and future. They will build your case while you focus on healing. They will also manage your insurance claim and communicate with the negligent driver’s insurance company and other involved parties.
Your legal representative will:
- Answer your questions and keep you updated on your case
- Identify liable parties and prove their negligence caused your injury
- Communicate with involved parties on your behalf, shielding you from accidentally saying or doing something that could hurt your claim
- Gather evidence, including police reports, medical records, and eyewitness accounts
- Identify your current and future accident-related losses and fight for maximum compensation
For a free legal consultation, call (516) 932-0400
How to Recover Pedestrian Accident Compensation
New York is a no-fault state. Drivers must carry a minimum of $50,000 in personal injury protection (PIP) insurance. PIP pays for medical treatment, lost earnings, and other “reasonable and necessary” expenses after an auto accident, no matter who is at fault.
According to the New York State Department of Financial Services, PIP covers the insured, drivers and passengers in their vehicle, and pedestrians injured by their automobile. So, if an insured driver struck you, you can file a pedestrian accident claim with their PIP coverage.
If you have severe physical injuries and medical expenses that exceed the available PIP coverage, you can seek additional damages via an auto liability claim or personal injury lawsuit.
Pedestrian Accident Damages
The liable driver’s PIP insurance will generally provide compensation for the following types of damages:
- Necessary medical treatment and rehabilitation expenses, up the policy limit
- 80 percent of lost income from work, up to $2,000 per month for up to three years
- Up to $25 per day for up to one year for “reasonable and necessary expenses,” such as household services and medical transportation
- A $2,000 death benefit for fatally injured pedestrians (in addition to the $50,000 no-fault limit)
If you qualify to step outside the no-fault system due to catastrophic injuries, you can seek:
- The total value of your lost wages, earnings, and employment benefits, including awards for the loss of your future earning capacity if you suffered an injury that interferes with your work capabilities
- The total cost of your reasonable accident-related expenses, including household services, medically necessary home and vehicle modifications, medical travel expenses, and personal property damage
- Pain and suffering damages for intangible losses, including emotional distress and mental anguish caused by your accident, permanent and disabling injuries, physical pain, scarring, disfigurement, and diminished quality of life
If your loved one died from a pedestrian accident injury, a Long Island wrongful death lawyer will seek damages on your family’s behalf. While these awards cannot make up for your loss, they can provide a measure of justice and help your family cope with the financial consequences of your loved one’s death.
Wrongful death damages often include medical bills, funeral and burial costs, loss of your family member’s financial contributions, and the loss of their care, guidance, services, and support.
How Long Do You Have to File a Pedestrian Accident Lawsuit?
New York Civil Practice Laws & Rules § 214 sets a statute of limitations for filing a personal injury lawsuit. Estates, Powers & Trusts § 5-4.1 establishes how long you have to sue for wrongful death. If time expires, you will likely be unable to take legal action, severely limiting your options for recovering compensation.
Acting fast will help you avoid missing these deadlines and allow your pedestrian injury lawyer to collect evidence and speak with witnesses quickly.
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Contact Friedman & Simon Injury Lawyers L.L.P. About Your Pedestrian Accident
If you or someone you love suffered a pedestrian accident injury, Friedman & Simon, L.L.P. will fight for you. Our pedestrian injury attorneys will put nearly a century of combined legal experience behind your case. We have recovered over $250 million for clients on Long Island and across the New York metropolitan area.
We will advise you on what to do if you were hit by a car as a pedestrian. Call us today to discuss your options during a free consultation.
Call or text (516) 932-0400 or complete a Free Case Evaluation form