Insurance covers pedestrian accidents on Long Island. There may be several options for compensation under New York’s no-fault insurance system.
A Long Island pedestrian accident lawyer with our law firm will guide you through the process if you were hit by a negligent driver.
- What Options do Injured Pedestrians Have for Filing an Insurance Claim?
- What Compensation Can You Recover for a Pedestrian Accident?
- How Long do You Have to File a Pedestrian Accident Insurance Claim?
- Should You Hire a Pedestrian Accident Lawyer?
- Common Causes of Pedestrian Accidents
- What to Do If You Were Injured in a Pedestrian Collision
- Contact Friedman & Simon, L.L.P. About Your Pedestrian Accident
What Options do Injured Pedestrians Have for Filing an Insurance Claim?
Your options for seeking insurance coverage for a pedestrian accident may include the following:
- Personal injury protection (PIP) – According to the New York State Department of Financial Services, drivers must carry a minimum of $50,000 in PIP (Personal Injury Protection) insurance. This first-party insurance covers the insured driver, their passengers, and pedestrians injured by their vehicle, regardless of who was at fault.
- Auto liability – Drivers must also carry bodily injury liability insurance. Required minimums include $25,000/$50,000 for bodily injuries (not resulting in death) per person/accident and $50,000/$100,000 for fatal injuries per person/accident. The “split limits” indicate a maximum per person to the left of the forward slash and a maximum per accident to the right of the forward slash.) You can seek compensation through an auto liability insurance claim if you have a severe, permanent, or disabling injury, or your loved one was killed in a crash. You must prove that a liable driver’s negligence caused the collision.
- A personal injury lawsuit – If the driver’s insurer or at-fault parties refuse to compensate you for your pedestrian accident damages appropriately, you can file a personal injury or wrongful death lawsuit.
For a free legal consultation, call (516) 932-0400
What Compensation Can You Recover for a Pedestrian Accident?
You can recover the following types of damages with a first-party PIP insurance claim:
- Medical expenses, including rehabilitation
- Up to 80 percent of your lost wages from missed work, up to a maximum payment of $2,000 monthly, for up to three years
- Up to $25 per day for up to one year for accident–related expenses, including medical travel expenses and household services
- A $2,000 death benefit for fatally injured parties (in addition to the $50,000 no-fault minimum)
If your injuries qualify you to step outside the no-fault system and seek compensation from a liable driver, you can recover losses not covered by PIP, including the following types of damages:
- Medical expenses that exceed or are not paid by PIP
- The total value of your lost wages and employment benefits, including compensation for lost future earning capacity
- Physical, mental, and emotional pain and suffering, and diminished quality of life
If your family member died from a pedestrian accident injury, our law firm extends its deepest condolences. We would be honored if you would allow a Long Island wrongful death lawyer from our legal team to seek justice.
How Long do You Have to File a Pedestrian Accident Insurance Claim?
Insurance policy deadlines can be short, so you should file your pedestrian accident claim as soon as possible.
If you must take legal action, New York Civil Practice Laws & Rules § 214 and Estates, Powers & Trusts § 5-4.1 establish the statute of limitations for personal injury and wrongful death lawsuits, respectively. The court will usually refuse your case if you do not file your lawsuit before these deadlines expire. You will also lose any legal leverage you have over the insurance companies.
It is also very important to note that a shorter statute of limitations may apply to your situation, depending upon the circumstances of your case.
It is best to take advantage of a free case review with our firm so that you know exactly what deadlines you are facing and what your best options for legal action are. Acting quickly can also aid in the speedy and efficient collection of evidence.
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Should You Hire a Pedestrian Accident Lawyer?
A lawyer from our firm will fight to ensure you get medical coverage for your pedestrian accident injury and obtain compensation for other personal injury damages. We will:
- Keep you informed – You will receive frequent updates from our team. We will also manage case details, including preparing and filing insurance claims, tracking deadlines, and handling any other “red tape.”
- Identify liable parties and prove negligence – We will identify liable parties and prove that their negligence caused the collision, if necessary.
- Communicate with involved parties – We will communicate with involved parties and tirelessly negotiate for the maximum settlement possible through all of the applicable insurance policies.
- Gather evidence – We will investigate the collision and collect evidence to support your case. Proof may include medical records, police reports, surveillance or dashcam footage, and eyewitness and expert testimony.
- Identify your damages – We will identify your damages using bills, pay stubs, and estimates, and seek compensation for all of your losses.
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Common Causes of Pedestrian Accidents
According to the most recent statistics from the New York State Department of Health, motor vehicles injure around 15,000 pedestrians and cause 300 pedestrian fatalities annually.
This places pedestrian accidents among the top 10 reasons for injury-related hospitalizations and death for all age groups in New York State.
Common causes of pedestrian collisions include:
- Failure to yield to pedestrians at intersections and crosswalks
- Speeding
- Improper turns (especially right-hand turns on red)
- Failing to obey traffic signs and signals
- Distracted driving and texting and driving
- Passing a vehicle stopped for pedestrians
- Driving on sidewalks or pedestrian-only areas
- Drinking and driving
What to Do If You Were Injured in a Pedestrian Collision
You should do the following to safeguard your health and protect your rights if you have a pedestrian accident injury:
- Get medical care if paramedics did not treat you at the accident scene. Obey all of your doctor’s orders, attend all appointments, and save your medical bills and records.
- Report the accident. Involved parties must report motor vehicle accidents involving injuries or death to the authorities. If an officer was not at the scene, you should try to make a report to the police as soon as possible. (We say “try” because police will not always make a report if they did not come to the scene, but if they do it may be helpful.)
- Consult with a lawyer. Our firm will tell you about your legal options. We offer free consultations.
Contact Friedman & Simon, L.L.P. About Your Pedestrian Accident
If you or someone you love suffered injuries in a pedestrian accident, you can seek compensation with an insurance claim. Friedman & Simon, L.L.P. will fight for the compensation you deserve. Our law firm has over 100 years of combined legal experience that we will put to work for you.
Contact us online or call today for a free consultation and connect with a lawyer near you. We take cases on contingency.
Call or text (516) 932-0400 or complete a Free Case Evaluation form