Pedestrian accident victims pay a high price. They incur significant medical bills, miss time and income from work, and endure pain and suffering. During recovery the victim faces an uncertain future and may not know what to do.
If you or a loved one are a pedestrian accident victim in Onondaga County, you need to know your legal rights. Then, you need to hire a law firm that is ready to advocate for those rights. Count on the team at Carden Dotzler Hammond, PLLC.
Collecting Evidence After an Accident
You have the right, immediately after being injured, to collect certain evidence from the scene. This evidence will be vital to protecting your right to compensation down the road. It may include:
- The driver’s basic information: By law, a driver involved in an accident causing injury (including to a pedestrian) must stop and provide certain basic information to the victim. This includes the driver’s name, address, driver license number, vehicle registration, and insurance information.
- The police report: You should call 911 after being in an accident and request an officer in Onondaga County to come to the scene. The officer will generate a police accident report, and you should ask for a copy of this important document or ask how to get it.
- Pictures and videos: Provided you do not interfere with the police work, you can and should take pictures and record videos of the accident scene and of your injuries. Be sure to include images of the vehicle that struck you, since the driver may attempt to flee the scene.
- Witness names and contacts: If anyone observed the accident, get their name and contact information. Find out if they recorded the collision on a dashcam or other device.
- Personal notes: You should also take detailed notes about the events leading up to and right after the accident. Include information about the driver, their vehicle, the date, time, location, and the prevailing conditions (weather, lighting, road conditions, etc.).
No-Fault (PIP) Benefits
New York has a no-fault insurance system, which means that accident victims have the right to collect certain benefits through their own insurer’s PIP (personal injury protection) coverage. This protection includes pedestrians hurt in Onondaga County.
PIP will usually pay for medical bills, a portion of income, and certain accident-related expenses up to $50,000. Due to the no-fault rules, you would file this and receive compensation regardless of who caused the accident. More serious injuries may allow additional legal action.
Filing a Lawsuit
Although PIP coverage is a pedestrian accident victim’s first stop for compensation, they may have the right to step outside of the no-fault system and file a personal injury lawsuit against the driver. To do so, the victim must have suffered what the law considers to be a serious injury.
As defined in New York law, serious injury includes:
- Bone fractures
- Significant disfigurement
- Permanent loss of the use of a body organ
- Loss of an unborn child
- Significant limitation to a body system or function
- Impairment which prevents usual and customary activities for a minimum of 90 days within the first 180 days of the accident
Filing a lawsuit allows you to pursue additional compensation beyond what PIP coverage pays. You can ask for such legal damages as:
- Medical expenses, including for reasonably necessary future treatments
- Lost income and decreased earning capacity (lost future income)
- Permanent disability
- Pain and suffering and other non-economic damages
You should ask a New York pedestrian accident lawyer if your situation allows you to take this step. However, due to the state’s statute of limitations, you only have three years after the date of an accident to file a lawsuit.
Your Right to Compensation Even if the Driver is Uninsured
It’s a sad reality that many drivers in Onondaga County ignore the law and drive without liability insurance. Even if an uninsured driver hits you, however, you still have the right to seek compensation. Depending on the facts of your case, these options may be available:
- New York Motor Vehicle Accident Indemnification Corporation (MVAIC): You can file a claim with the MVAIC to seek compensation for your injuries if the at-fault driver is uninsured. We can assist with the process.
- Uninsured motorist (UM) coverage: You may also have UM coverage through your insurer. Since UM coverage follows the person, not the vehicle, you may be covered as a pedestrian.
You Can Still Recover Even if Partially At Fault
There are some pedestrian accident cases in which the victim was partially at fault, for example because of crossing a street without a signal. However, even if you share some blame for the accident, you still have the right to recover compensation.
In Onondaga County and elsewhere in New York, the concept of comparative negligence will prove relevant. Under this doctrine, when a victim is partially at fault, a court will assign a percentage of fault to them. Their damages will then be reduced by that percentage.
Say that a jury decides you were 25% to blame for your pedestrian accident. Your damages would have been $100,000, but they will be reduced by 25% ($25,000), and total $75,000. In New York, you can still recover even if you were 99% liable.
One of Your Most Important Rights: Hiring Experienced Legal Counsel
One of the most important rights you have is to hire a personal injury law firm that knows how to seek the compensation that you deserve. Were you hurt in a pedestrian accident? Explore your rights and options by scheduling a consultation with CDH Law today.