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Cho Buhl posted an update 1 month ago
Why You Need a Pedestrian Accident Lawyer
A experienced New York pedestrian accident lawyer can assist you in obtaining damages for your medical bills, lost wages from working hours missed along with pain and suffering and more. Both New York City and State have laws in place to safeguard pedestrians from accidents with motor vehicles.
However, even when pedestrians follow the law, they may be struck by vehicles. A skilled lawyer can uncover overlooked opportunities to obtain compensation, for example, from a government agency to fix unsafe sidewalks and crosswalks.
Pedestrians are entitled to the right-of-way
Many people believe that pedestrians have the right of way when they’re in the street. However, this isn’t true. While pedestrians have certain rights, they must follow all the rules of the road to ensure their safety and avoid accidents with motor vehicles.
The risk for pedestrians is being hit by cars or trucks if they suddenly step off a curb or run into traffic while not looking both directions. Luckily, New York and New Jersey have laws to protect pedestrians.
When a pedestrian is struck by vehicles, they often suffer catastrophic injuries that require extensive medical treatment and ongoing care. They are often confronted with massive financial and personal challenges that affect their lives. Most pedestrians are left with massive medical bills that they must pay when they’re not working and have no source of income. In addition emotional and physical trauma resulting from the accident of a pedestrian could be life-altering and have long-term effects.
In the majority of cases, a driver’s negligence is the primary cause of the accident. This could include distracted driving, drunk driving, speeding or reckless behavior behind the wheel. Even if a pedestrian broke a traffic rule typically, it’s the driver who is at fault for hitting them.
State laws, local ordinances and traffic signals or signs can determine a pedestrian’s right of way. In the majority of states, pedestrians have right-of-way if they are in a designated crosswalk with a walk signal and obeying any other traffic laws. However, the law is not black and white, and the issue of whether or not a person was entitled to the right-of-way in a particular situation is a complex matter and may depend on the specific circumstances of the situation.
No matter what the circumstance regardless of the circumstances, a pedestrian may claim compensation for their injuries from the driver that caused them harm. A New York pedestrian accident attorney can assist you in understanding the laws in your area, determine the driver at fault, and fight for all the compensation you deserve.
Internal Organ Injuries
When people are hit by vehicles, their torsos experience lots of trauma which can result in injuries to internal organs. This type of injury usually has devastating consequences that radically impact the victim’s day-to-day life and can result in the need for long-term surgeries and the inability to work. The medical expenses could quickly add up, and victims may have to file a lawsuit to get compensation from the at-fault parties.
If the person injured suffers kidney or spleen injury the organ can rupture, which causes internal bleeding that isn’t as readily stopped as external wounds. A ruptured spleen or kidney can be fatal if not treated immediately. The internal damage to the victim may also affect other organs.
Another common internal organ injury is an injury to the spinal cord. This is an injury that is serious and can cause permanent paralysis and profoundly alter the victim’s life. It is not common for pedestrians to suffer a spinal cord injury during a car accident because their head is protected by the skull, and they are generally unprepared for the sudden impact of a car.
Injuries to the brain as well as the lungs and liver are also common among people injured by automobiles. Brain injuries can result in serious complications such as memory loss and inability to focus. A traumatic injury to the brain may cause a condition known as a coma. Lung injuries, including a pneumothorax (when air from the lungs escapes into the chest cavity), are also fatal if they are not treated promptly.
The tragic and common result of pedestrian accidents is wrongful deaths, especially when the victim suffers a severe injury, like a spinal injury. Victims and their families might need to file a lawsuit against the driver who was at fault and his insurance company to recover compensation for funeral costs and other financial expenses.
A pedestrian accident lawyer who is experienced and skilled can help victims pursue legal action against the people who caused their accident. Our firm can work with experts, including biomechanical engineers to provide evidence of how the collision occurred and how it led to an injury. This type of evidence could be vital in stopping false claims from the at-fault party.
Scars and Broken Bones
Despite the existence of pedestrian crossings, sidewalks and walking bridges, pedestrians still can be injured in traffic accidents. This is because some drivers, despite laws, regulations, and accommodations designed to protect pedestrians from accidents caused by motor vehicles are reckless and negligent when they operate their cars, trucks and motorcycles on New York streets.
In these types of incidents pedestrians are usually injured seriously, including with a traumatic brain injury, spinal injury, and fractured bones on the feet, legs and hands. Those who have suffered injuries like these are likely to face substantial medical bills and loss of income from missed work, which is why it is crucial for them to retain an skilled NYC pedestrian accident attorney who can help them obtain compensation through a lawsuit.
If a pedestrian is struck by a vehicle or other kind of vehicle, he or she might also suffer soft tissue injuries. These can include bruising, muscle sprains and strains, and whiplash. These injuries can take a long time to heal and can cause long-term pain for the victim. A skilled attorney will review the evidence relating to an accident involving a pedestrian, including medical documents including police reports, photographs and medical records and provide an accurate and fair estimate of the amount a victim should be compensated.
In addition to the economic damages that have a financial cost pedestrians can also claim compensation for non-economic losses such as physical and emotional suffering and pain, humiliation and loss of enjoyment of life. If, in addition, your personal property was damaged by the accident, you may be entitled to the cost of repair or replacement costs.
An attorney from Oresky & Associates can guide you through the process of filing a pedestrian crash lawsuit against a driver or other party responsible for your injuries. Fairfield injury lawyers will fight hard to ensure that you receive the entire amount of compensation you are entitled to, which includes all future and current medical expenses, rehabilitative care costs, lost income and property damage. Our law firm is familiar with all the different sections of New York State and City law pertaining to pedestrians, and we’ll use this knowledge to the benefit of your case.
Permanent Disfigurement
The injuries that can occur when pedestrians are hit by a vehicle are usually devastating. This is especially true if the pedestrian is struck on the head. This type of injury can result in a brain injury that results in a concussion, or even the traumatic brain hemorrhage known as a brain bleeding. Symptoms can include blurred vision, memory loss, and headache. It is important for the patient to visit a doctor immediately and record all injuries including any permanent scarring or disfigurement.
Someone who is injured or disfigured due to an accident could suffer a substantial loss of quality of life as well as financial losses. They can be compensated under civil law. The most obvious and significant financial losses are medical bills for treatment, prescriptions, surgeries and ongoing care that is needed to manage the effects of permanent disfigurement or scarring.
It is costly and could include physical therapy, counseling, or medical treatment for ailments like anxiety, depression, or post-traumatic disorder. Someone who is permanently damaged may also be unable to make a living and perform the work they once did. This can result in significant lost wages as well as an increase in future earnings which can be recovered.
The proof that a person suffers from a permanent disfigurement can be difficult and is often disputed by insurance companies or litigants in court. Photographs and videos are helpful in establishing that the injury is indeed permanent. It is essential that the plaintiff keep an eye on their medical records and that they refer to the disfigurement in the injury. Expert testimony can be very useful in proving the extent of a permanent disfigurement as well as its impact on an individual’s quality of life and enjoyment life.
It is crucial to know your rights if you’ve been seriously injured in a pedestrian accident. Contact an experienced New York pedestrian injury attorney immediately. The lawyer will examine the details of your case to determine what damages you could be entitled to. The attorney will investigate which parties could be held accountable for your injuries. This could be the driver of the vehicle who struck you as well as the city agency responsible for the shoddy maintenance of streets and streetlights that contributed to your injury, or even the company of a delivery or ride-share service driver who is on duty.