New York Car-Pedestrian Accidents
One crucial aspect of a car-pedestrian accident is determining who is at fault. Pedestrians have a duty to follow all relevant road laws and traffic signals. This means that when a pedestrian cuts out in front of a car that was driving safely in its intended direction and sustained injuries, this may be pertinent information that shows up in a personal injury lawsuit.
However, when a driver wasn’t paying attention and flies through a red light and strikes a pedestrian in kills him or her, the surviving family members may eligible to pursue a wrongful death claim. When it comes to liability in a New York accident, the car that hit a pedestrian has to pay what is known as no fault or first party benefits. This means that the insurance carrier of the car who hit a pedestrian needs to pay medical bills and lost wages. This is the law in the state of New York and any experienced New York car-pedestrian accident attorney can tell you this.
Many people who are hurt in these kinds of crashes are extremely nervous because they are concerned about who will pay their medical bills and who may be held responsible, but as a car-pedestrian accident lawyer in New York can inform you, the New York law stipulates that a car that strikes a pedestrian must pay the medical bills and lost wages as first party benefits.
The company or person that is responsible can usually be found by reviewing the police report because it will usually have a code listed about the name of the insurance company and this may enable an injured pedestrian to trace in this manner. If the vehicle or car that was turning struck a person, there is very little question about who is liable in such an accident.
There are many different nuances associated with this. In order to recover benefits through the insurance company, you'll need to file notice of your application for no fault benefits no later than 30 days after such an accident to receive those benefits. This makes it all the more important to schedule a consultation with an experienced New York car-pedestrian accident lawyer.
Otherwise, you may be left without any coverage for your medical bills due to this type of accident. If your car-pedestrian accident in New York had to do with any type of public municipal vehicle or a bus, they may also be responsible for paying the no fault benefits, but in order to recover these, you will need to sue them and you'll have to file a notice of claim within 90 days. This is true for any public authority vehicle. It can be difficult to figure out who is responsible and the necessary paperwork or phone calls that need to be made immediately after such an accident. That's why you should retain a car-pedestrian accident lawyer in New York, who has handled cases like this before. One other troubling aspect of car-pedestrian accident injuries, is that some car drivers can spooked by getting involved in an accident like this and may flee the scene of an accident. New York law stipulates that anyone involved in a crash needs to stay at the scene in order to contact the police or share relevant information with the other party. Someone who strikes a pedestrian, however, may realize the severity of the accident and may try to get out of there as quickly as possible to avoid responsibility. If you have a vehicle that has insurance on you or you live in the same household of someone who has insurance, you can access what's known as uninsured motorist's benefits, which are steps your insurance company puts into place, if the other driver engages in a hit and run. You may make a claim for uninsured motorist benefits, which is the compensation for pain and suffering for the driver who struck you. However, you would do that with your own car insurance company, if the other driver left the scene. Sadly, situations of a hit and run car-pedestrian accident are all too common, but you may be able to recover some benefits through the New York Motor Vehicle Accident Indemnification Corporation, which provides first party benefits and takes the place and gives the minimum coverage for a vehicle that left or a vehicle that struck a pedestrian and left the scene.
There are so many things you need to do in order to get these benefits, however, and you need to find an attorney to trust you. Typically, the only time in which a pedestrian is held partially at fault is if they were crossing opposite of the light or weren’t crossing inside their crosswalk. You need to consult with an attorney to figure out your next steps, if you have been involved in an accident like this.