WHAT IS A PEDESTRIAN?

A pedestrian is a person on foot that has an accident with a vehicle.  Sometimes it’s not crystal clear whether an injured person was a pedestrian or the operator of a vehicle.  For example, if you are looking for something in your trunk, and you are hit by another car, you are a pedestrian even though you are touching your car.  This is important because your insurance company will most likely not be paying your bills, as the insurance for the car that hit you is responsible. An even closer call is if you are sitting in your parked car, one insurance company might say you were a pedestrian and the other an operator of the vehicle.  It’s a really good idea to talk to a lawyer in these types of situations! Call Queens Pedestrian Accident Attorney Wittenstein & Wittenstein for a free consultation.

QUEENS PEDESTRIAN ACCIDENT ATTORNEYS KNOW HOW TO HANDLE CASES WITH SERIOUS INJURIES

Pedestrian accidents are often the most serious car accidents because there is no protection at all.  If you are a pedestrian hit by a vehicle it would be wise to go to the Emergency Room and immediately get yourself check out, just to be safe.  Sometimes the shock of an accident will reduce pain which will suffer later in a severe form. Some injuries, such as fractures require immediate treatment.  If you are hit by a car, call 911 immediately or try to get somebody else to do so. If you have fallen to the ground and cannot easily get up (assuming you are not in the path of traffic) it is usually best to stay put until help arrives.

QUEENS PEDESTRIAN ACCIDENT ATTORNEYS KNOW HOW TO GET YOUR MEDICAL BILLS PAID

Insurance coverage for pedestrians is tricky.  Your no-fault benefits should be paid by the car that hit you.  If that vehicle was uninsured, and you have a “car in your household,” the no-fault benefits will be paid by your insurance company (who is not allowed to raise your rates due to this type of claim.)  If there is no insurance at all, there is a state fund called MVAIC that will pay benefits. Your bodily injury claim will be against the vehicle that hit you, and the same scheme will apply if they have no insurance.  You will have an uninsured motorist claim against your own company. If there’s no insurance, MVAIC will cover the loss.

If you or somebody you know has had a pedestrian accident in Queens, Forest Hills or anyplace in New York City, you need a strong team to help you navigate your case.  At Wittenstein & Wittenstein we’ve been helping victims of pedestrian accidents in Queens, Brooklyn, Manhattan, The Bronx, Staten Island and Nassau County for more than 60 years.

If you have any questions about pedestrian accidents, please feel free to give Queens Pedestrian Accident Attorney, Wittenstein & Wittenstein at 718-261-8114

HOW TO VALUE PEDESTRIAN ACCIDENT CASES

Always Start With Liability

The first place to start is to examine comparative negligence between the pedestrian and the vehicle. A pedestrian crossing at the corner following traffic signals is going to have any easier time proving the accident was caused by the car than somebody that was running across the street in the middle of the block to cross a bus. In some cases, liability isn’t even an issue, such as a pedestrian walking on the sidewalk that’s hit by an out of control car.  Sadly, many times pedestrians are hit by drivers that leave the scene, and in such cases the absent driver is usually presumed to be at fault. Sometimes the pedestrian is able to get a plate number and insurance can be located for the offending hit and run vehicle. If insurance cannot be located, the insurance for any car owning family member in their household will cover the loss. If nobody owns a car, the loss is covered by a fund called the Motor Vehicle Accident Indemnification Corporation (MVAIC.) If you’re a pedestrian that was hit by a motor vehicle, it’s important to call an experienced Queens pedestrian accident attorney as soon as possible after your accident because time limits can be short and deadlines can be blown. For example, a hit and run accident must be reported to the police within 48 hours. Call 718-261-8114 for a free consultation.

Compensation for Pedestrian Accident Victims

There are few things in life as frightening as getting hit by a motor vehicle while on foot. Whether it’s a small passenger car, an SUV or an even larger vehicle, injuries physical injuries can often be severe or catastrophic, and psychological damage can also be serious. The aftermath can also be devastating financially with out of pocket medical expenses, time out of work, inability to care for children or elderly relatives and difficulty performing the basic functions of daily life. This is why New York law allows pedestrians injured in motor vehicle accidents to collect compensation for their losses. Most pedestrians injured in car accidents are eligible for first party “no-fault” benefits that cover medical bills, lost earnings, transportation and some other expenses up to $50,000. That can be used up quickly if you’ve suffered severe injuries and require multiple surgeries while unable to work. You can sue the responsible vehicle for the following types of compensation:

• Pain and Suffering;
• Emotional Anguish;
• Out of Pocket Medical;
• Lost Earnings:
• Loss of Earning Capacity and
• Loss of Consortium.

If you’re severely or catastrophically injured in a pedestrian accident, the cost of obtaining state of the art treatment can often be collected. Having access to the best care can make the difference between suffering and leading a productive life. It’s important to speak to an experienced Queens pedestrian accident attorney that knows how to maximize your recovery.