Pedestrians Can File a Bodily Injury Lawsuit. If a pedestrian suffers serious injuries and wants to claim benefits outside of the No-Fault system, they can sue for damages. No-fault claims are different from bodily or personal injury claims. If you're an injured pedestrian, you're probably wondering who will pay your medical bills and cover your rent while you recover from the accident.
The quickest way to get compensation for accident-related losses is usually through an insurance claim. If Settlement Negotiations Fail, You Can File a Car Accident Lawsuit in Civil Court. Pedestrians often file insurance claims against the driver who hit them and, potentially, against the municipal or state government responsible for planning or maintaining the road where the accident occurred. In general, if a car, truck, bus, or other vehicle crashes into a pedestrian, they are usually at fault.
If you were injured because a driver was negligent or at fault, you can sue for compensation for your personal injuries. Our pedestrian accident lawyers have successfully represented countless pedestrians who were injured from being hit by a car. Our New York City pedestrian accident lawyers know that if you were a pedestrian crossing the street at a crosswalk, with the light in your favor, then you have the right of way, which means the car has to allow you to finish crossing the street. If you were a pedestrian hit by a car, while you were at the crosswalk, with the light in your favor, then the car is definitely at fault and can sue.
New York City has very strict rules that actually make it a criminal violation for a driver to hit a pedestrian crossing the street, because he was not exercising reasonable care to avoid the accident. Our New York City pedestrian accident lawyers know that if you were at the crosswalk and were hit by a car, the law is on your side. Yes, but only if the driver of the car was at fault for causing the accident. If the pedestrian was in the crosswalk when the car hit him, the pedestrian can sue him.
On the other hand, if the driver did nothing wrong to cause the accident, the pedestrian cannot sue. While many people use the word “sue,” most lawsuits are resolved without a lawsuit. This saves the pedestrian in court fees, as well as an increase in attorney's fees after a lawsuit is filed. It also saves pedestrians from the stress that comes with a lawsuit.
Some states allow a pedestrian to sue for pain and suffering only if they have a permanent injury or scar. For example, Florida follows this rule in most (but not all) cases. As soon as possible after the accident, the pedestrian should take pictures of any bruises or cuts. If you have pain that doesn't go away after a few months, some doctors think it's a permanent injury.
This allows the pedestrian to sue for pain and suffering. The driver's insurance company can hire a doctor to examine you. Unfortunately for the pedestrian, the driver's insurance company will generally find that the injury is not permanent. This is especially true in cases of neck and back injuries.
To be properly armed, the pedestrian must hire an attorney to maximize the value of the agreement. Most lawyers, like me, offer a free consultation to see if we can represent you. Here you will also see some of the 10 most frequently asked questions about pedestrian accidents. If somehow both the pedestrian and oncoming traffic are given the green light, and the pedestrian crosses the street without realizing that oncoming traffic also has the green light, then a negligence lawsuit against the municipality responsible for maintaining the traffic light could be possible.
If negligence on the part of the city was the cause of a pedestrian accident, the government entity may be liable. So, you really need an experienced New York City car accident or personal injury lawyer to help you if you've been in a hit-and-run accident. Unfortunately, pedestrian accidents are often serious, as the victim is hit by a large, heavy vehicle with little to protect them. Most pedestrian accidents occur at intersections and at crosswalks, but they can occur in parking lots, highways, and anywhere else where cars and people are located.
Otherwise, under the New York Vehicle and Traffic Act, section 1146, the pedestrian always has the right of way and the vehicle that turns or enters the road has the responsibility to give way to the pedestrian. If a pedestrian is hit by a car, the driver of the car is generally (but not always) considered to be at fault, even if the pedestrian was not in a crosswalk. Although the pedestrian was not using the crosswalk, tests showed that the driver should have been able to see the pedestrian from 150 feet away and stop long before hitting her. The law requires drivers to give way for pedestrians, but New Jersey also assigns responsibilities to pedestrians.
This is because most no-fault policies (personal injury protection or PIP) cover not only the policyholder, but also pedestrians who are injured in an accident with the policyholder's vehicle. Liability (legal liability) for paying medical bills for a pedestrian injured after a car accident varies from state to state. Generally speaking, drivers should always stop to see pedestrians at crosswalks, corners, and any other area marked for pedestrians. Pedestrians generally include anyone walking, walking, running, jogging, hiking, sitting, or lying down who is involved in a car accident.