Going for a walk or a run is a healthy choice. But what many people don’t realize is that it can also be dangerous – beyond the risk of shin splints or a sprained ankle. In New York, an average of 12,500 pedestrians visit the emergency room, and 3,000 pedestrians are hospitalized each year after being struck by a car.
If you were hit by a car as a pedestrian, you may be able to file a lawsuit against the at-fault driver. Through a personal injury claim, you can recover financial compensation for your property damage, lost wages, medical bills, emotional distress, and other losses. Our experienced Garden City pedestrian accident attorneys will protect your rights while working to get you the money that you deserve for your injuries.
The Odierno Law Firm Accident and Injury Lawyers represents individuals throughout Nassau County who have been hurt in all types of accidents. With more than 150 years of combined experience, we are adept at helping our clients get maximum compensation for their injuries. To learn more or to schedule a free initial consultation with a Garden City personal injury lawyer, contact our law offices today.
Filing a Lawsuit for a Garden City Pedestrian Accident
Pedestrians are uniquely vulnerable in motor vehicle accidents. Completely unprotected, they often suffer severe or catastrophic injuries when hit by a car, truck, or SUV. In these situations, the injured victim (plaintiff) might be able to file a lawsuit against the at-fault party (defendant).
In most cases, the plaintiff has the burden of proving that the defendant was at fault for the accident. Most personal injury cases are based on a theory of negligence, or carelessness. In more unusual cases, a lawsuit is based on intentional or reckless conduct (such as a drunk driving accident).
To prove that a defendant was negligent, the plaintiff will have to introduce evidence of 4 elements:
- Duty: the defendant owed the plaintiff a duty to use reasonable care.
- Breach: the defendant violated this duty in some way.
- Causation: this violation was the cause of the accident.
- Damages: the plaintiff suffered losses as a result.
A driver can negligently hit a pedestrian for any number of reasons. This may include speeding, disobeying traffic signals, distracted driving, and ignoring pedestrian right-of-way rules. In any of these situations, the injured pedestrian can file a personal injury claim against the at-fault driver.
In some cases, a plaintiff does not have to prove that the defendant was negligent if the defendant violated a law or regulation in causing the accident and that law was designed to prevent this kind of harm. This is known as negligence per se. The burden then shifts to the defendant to prove that they were not negligent. For example, if a defendant is cited for texting and driving after a pedestrian accident, then they will probably be deemed negligent per se.
Importantly, while pedestrian accidents are almost always caused by drivers, there are situations where a pedestrian’s own behavior played a role in the collision. For example, a pedestrian may have disobeyed a traffic signal, jaywalked, or walked in an unsafe area (i.e., on the road instead of a sidewalk).
If a pedestrian is partially at fault for the accident, then they can still file a compensation claim. However, their total recovery will be reduced by the percentage that they were at fault for the accident. In New York, this is known as comparative or contributory negligence.
The way that comparative negligence works is relatively simple. A jury will decide the percentage that the plaintiff was at fault for an accident and then the total recovery will be reduced by that amount. For example, if a pedestrian crossed in the middle of the street instead of at a crosswalk, the jury could decide that they were 40% at fault. If the jury awards $100,000 in compensation, that amount would be reduced by 40% to $60,000.
Pedestrians can also file a lawsuit for intentional or reckless conduct – regardless of whether or not criminal charges were filed. If a driver purposefully strikes a walker with their car or if they hit them while driving under the influence, they could be charged with a crime and face a civil lawsuit for their actions.
If you were hit by a car as a pedestrian, you might not be fully aware of your rights and options for pursuing legal action. The Odierno Law Firm Accident and Injury Lawyers offers free initial consultations so that you can learn more about your claim. Reach out to our law offices today to schedule an appointment with a Garden City pedestrian accident attorney.
Compensation in Garden City Pedestrian Accident Cases
After a pedestrian accident, you should schedule a free consultation with a lawyer as soon as you are able to do so. During this meeting, they will likely offer you a ballpark estimate of the value of your case. As the case progresses, this number may increase or decrease.
This initial estimate will be based on the three types of damages available in personal injury cases:
- Economic damages pay for direct financial losses. Examples of economic damages include lost wages, property damage, medical bills, reduced earning capacity, and future medical treatment. Another way to think of economic damages is that it includes the kinds of losses for which you likely will get a bill, invoice, or estimate.
- Noneconomic damages are a bit different but are just as important as economic damages. They pay for losses that are harder to put a number on, like pain and suffering, loss of enjoyment of life, emotional distress, scarring, and disfigurement. Together, economic and non-economic damages are considered compensatory damages because they compensate an accident victim for their losses.
- Punitive damages serve a different function: to punish someone who acted intentionally or recklessly. They aren’t awarded in every case but can be an important way to achieve justice in situations where the defendant behaved outrageously.
Insurance companies typically come up with settlement offers using computer programs based on a multiplier formula. Essentially, the program assigns a number between 1.5 and 5 to represent the seriousness of the accident. This number is then multiplied by your economic damages to come up with a number for noneconomic damages.
This number rarely reflects the true severity of a person’s injuries – which means that the settlement offer is rarely sufficient to cover a plaintiff’s losses. This is particularly true in pedestrian accident cases, where the victim might suffer serious injuries like broken bones, traumatic brain injury, spinal cord injury, or internal organ damage. A pedestrian accident can also be incredibly traumatic – which often isn’t accounted for in insurance company settlement offers.
The best way to get the money that you deserve for your injuries is by working with an experienced Garden City pedestrian accident lawyer. Our legal team will evaluate every aspect of your case to determine an appropriate demand for compensation. We will fight to get you every dollar that you deserve – and will even take your case to trial if necessary to get you the compensation that you deserve.
Do You Need a Lawyer for My Pedestrian Accident Case?
Yes. While it may be possible to resolve a car accident case on your own, when it comes to pedestrian accidents, it’s important to have legal representation. The chances of walking away from a pedestrian accident with no injuries are vanishingly small. If you suffer any injuries in an accident, it is critically important to have an attorney. Without one, you run the risk of getting a settlement that doesn’t come close to covering your losses.Â
Based in White Plains, The Odierno Law Firm Accident and Injury Lawyers represents accident victims throughout Nassau County. Contact our law firm today to talk to a Garden City pedestrian accident attorney about your case.
Will You Have to Go to Trial for My Pedestrian Accident Case?
While there are no guarantees when it comes to litigation, the overwhelming majority of personal injury cases are resolved outside of court. Insurance companies usually don’t want to risk going to trial. Settlement negotiations can often continue right up until the eve of trial.
A settlement may be reached in a matter of weeks or months – or it may take more than a year to get a settlement for your pedestrian accident case. Our Garden City pedestrian accident lawyers will work to get you a top-dollar settlement as quickly as possible. Reach out to The Odierno Law Firm Accident and Injury Lawyers for a free consultation.
How Our Garden City Pedestrian Accident Lawyers Can Help
When you are hit by a car as a pedestrian, you may find yourself shocked, scared, and unsure of what to do next. You might have already received calls from an insurance adjuster. The adjuster may have asked you to give a statement, sign some paperwork, or even offered you a settlement.
Before you sign anything or say anything, you should schedule a free consultation with a Garden City pedestrian accident attorney. Remember that anything that you say to the adjuster could be used to undermine your claim. Signing any paperwork or accepting a settlement offer could also harm important rights – and leave you without enough money to cover your losses.
Insurance companies are in business to make money. Part of the reason that they are so profitable is that they use all sorts of sneaky tactics to avoid paying out on legitimate accident claims. The bottom line is that the insurance adjuster is looking out for their employer’s best interests – not yours.
When you hire a personal injury lawyer, they are legally and ethically obligated to represent your best interests. They will work to make sure that you get the money that you deserve for your injuries. Our attorneys have the experience and knowledge to help you navigate the legal system and get maximum compensation for your claim.
The Odierno Law Firm Accident and Injury Lawyers has more than 150 years of combined experience – with 2 generations of attorneys working together for our clients. Together, we have represented thousands of accident victims throughout Long Island. We have taken hundreds of cases to trial – and recovered more than $150 million in compensation for our clients.
We represent all clients on contingency fee agreements. This means that you won’t pay an attorney’s fee unless we recover money for you through a settlement or verdict at trial. You won’t have to pay a retainer or an hourly fee – you will pay nothing out of pocket to hire an incredible law firm to represent you.
Our law firm is dedicated to the idea that all accident victims deserve justice for their injuries. Getting hit by a car can upend your life, leading to permanent disability and emotional distress. We will work hard to get you the money that you deserve for your injuries.
Hurt in a Pedestrian Accident? We Can Help.
If you were hit by a car while walking, jogging, or running, your immediate concern is probably your health and well-being – as it should be. While you are focused on getting better, you can let our law firm work on getting you fair compensation for your injuries. We will take on the at-fault driver and their insurer for you and help you get top dollar for your losses.
At The Odierno Law Firm Accident and Injury Lawyers, we are fierce advocates for our clients, working hard to recover maximum compensation for them. We offer free initial consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a Garden City pedestrian accident attorney, give our law office a call at 631-752-8580 or fill out our online contact form.
Related: Garden City Truck Accident Lawyers
