New York Pedestrian Accident Lawyer
At any hour in New York City, sidewalks and crosswalks teem with pedestrians. With so many people on foot competing with vehicles for the right of way, accidents often happen. In pedestrian-vehicle collisions, the pedestrian rarely escapes unharmed. Many are killed or suffer severe injuries. Recovering financial compensation, including lost wages and medical expenses, will not change the outcome of the accident. But it can reduce unnecessary financial stress from accident-related expenses.
If you suffered a pedestrian accident, Silver & Kelmachter, LLP, can help you pursue the compensation you are entitled to.
Help Tailored To You
No two accident claims are the same. Our firm takes the time to learn about your immediate and future concerns to devise a case strategy that will put you in the best position for maximizing your compensation.
We regularly handle pedestrian accident cases involving:
- Car accidents
- Truck crashes
- Bicycle collisions
- Fatal accidents and wrongful death claims
- Failure to yield or stop
- Slip-and-fall accidents
- Lyft and Uber collisions
Who Will Pay For Your Medical Bills If You Are Struck By A Vehicle In New York?
If you are hit by a vehicle in New York, the vehicle owner’s insurance typically pays your medical bills through personal injury protection (PIP) coverage. This applies even when you were walking and not driving. PIP aims to address immediate medical costs so injured pedestrians are not overwhelmed by treatment costs after an accident they did not cause.
PIP generally covers hospital care, diagnostic testing, rehabilitation and other medically necessary services up to the policy limits. These benefits apply regardless of fault, meaning you need not prove negligence before receiving initial medical payments.
In cases where the at-fault driver was operating a borrowed vehicle, the vehicle owner’s policy is usually the first source of coverage. If the vehicle fled the scene or was uninsured, you may seek benefits through the Motor Vehicle Accident Indemnification Corporation, which provides limited coverage for qualifying pedestrians.
What Is No-Fault Insurance, And How Does It Apply To Pedestrians In New York?
No-fault insurance is a system that provides prompt medical and economic benefits after a vehicle accident without requiring proof of fault. In New York, this system applies to pedestrians who are struck by a motor vehicle, allowing them to access PIP benefits from the vehicle’s insurance policy.
For pedestrians, no-fault coverage typically includes medical expenses, a portion of lost wages and certain out-of-pocket costs related to the accident. These benefits are available even when the pedestrian’s actions contributed to the incident. No-fault rules do not provide compensation for pain and suffering. However, they help ensure that the victim’s immediate financial needs are addressed while they focus on recovery.
Can You Still Receive Compensation In New York If You Were Jaywalking?
Yes. You may still receive financial damages even if you were jaywalking. This means an infraction like jaywalking does not automatically prevent you from recovering compensation after being struck by a vehicle.
New York follows a comparative negligence system, meaning fault is divided between the parties based on their actions. If you were jaywalking, a percentage of fault may be assigned to you, and any compensation may be reduced by that percentage. However, drivers still have a duty to operate their vehicles safely and avoid collisions when possible.
Speak To A New York Accident Lawyer For Free
We understand the physical and mental stress and the uncertainty brought about by an accident. To make the claim process less intimidating, we offer free consultations.
During a no-cost consultation, you will meet with a lawyer who can assess your case. To schedule yours, reach the firm online or call 212-661-8400. Our firm handles cases on a contingency fee basis. You pay nothing unless we recover compensation.