When a person on foot collides with a vehicle, the consequences can be devastating due to the pedestrian’s vulnerability. This blog will discuss some of the most common injuries resulting from pedestrian accidents and the legal remedies available to those affected. If you or a loved one has been injured in a pedestrian accident, don’t hesitate to get legal help from pedestrian accident lawyer.
Common Pedestrian Accident Injuries
Head and Brain Injuries
Head and brain injuries are among the most serious and potentially life-altering consequences of pedestrian accidents. These can range from mild concussions to severe traumatic brain injuries (TBIs). Common types include:
- Concussions
- Skull fractures
- Contusions (bruising of the brain tissue)
- Diffuse axonal injuries (tearing of brain structures)
- Hematomas (blood clots in or around the brain)
The long-term effects of head and brain injuries can be profound, potentially resulting in cognitive impairment, memory loss, personality changes, and physical disabilities.
From a legal perspective, these injuries often lead to claims for substantial damages due to their severe impact on the victim’s quality of life, ability to work, and need for long-term care or rehabilitation.
Spinal Cord Injuries
Spinal cord injuries are another severe consequence of pedestrian accidents. The impact of a vehicle can cause damage to the spinal cord, leading to partial or complete paralysis. Potential outcomes include:
- Paraplegia (paralysis of the lower body)
- Quadriplegia (paralysis from the neck down)
- Loss of sensation
- Chronic pain
- Loss of bodily functions
Legally, spinal cord injuries often result in high-value claims due to the lifelong care and assistance that may be required, as well as the significant impact on the victim’s ability to work and enjoy life. These cases often involve calculations of future medical expenses and life care costs.
Fractures and Orthopedic Injuries
The force of impact in a pedestrian accident frequently leads to broken bones and other orthopedic injuries. Common fractures and orthopedic injuries include:
- Broken legs, arms, or ribs
- Pelvic fractures
- Hip fractures
- Shoulder or collarbone injuries
- Knee injuries, including torn ligaments
While some fractures may heal with proper medical care, others can lead to chronic pain, reduced mobility, and long-term complications.
In legal claims, the severity and long-term prognosis of these injuries play a role in determining compensation. It’s important to consider the immediate medical costs, potential future surgeries, physical therapy, and impact on earning capacity.
Soft Tissue Injuries
Soft tissue injuries, while often less visible than fractures or head injuries, can still cause significant pain and long-term complications. These injuries may include:
- Sprains and strains
- Whiplash
- Contusions and bruising
- Lacerations and road rash
From a legal standpoint, you must document these injuries thoroughly, as their impact may not immediately appear but can significantly affect the victim’s quality of life and ability to work.
Insurance companies often try to downplay the significance of soft tissue injuries, making skilled legal representation crucial in these cases.
Psychological Trauma
In addition to physical injuries, many pedestrian accident victims experience significant psychological trauma. This can manifest as:
- Post-traumatic stress disorder (PTSD)
- Anxiety and depression
- Fear of walking near roads or crossing streets
- Sleep disturbances
- Emotional distress
The psychological impact of a pedestrian accident is a component of many personal injury claims. At Rosenberg & Gluck LLP, we understand the importance of addressing these traumatic events’ physical and emotional consequences.
Legal Remedies for Pedestrian Accident Survivors
Seeking Compensation
The primary legal remedy for pedestrian accident survivors is seeking compensation through a personal injury claim. This process typically involves:
- Filing a claim with the at-fault party’s insurance company
- Negotiating a settlement
- If necessary, filing a lawsuit and potentially going to trial
It’s important to note that New York follows a no-fault insurance system, which can impact how pedestrian accident claims are handled. Under this system, pedestrians are typically covered by the no-fault insurance for the vehicle that struck them, regardless of who was at fault. They may also have additional personal injury protection through their own auto policy, or a household policy.
However, for serious injuries, the injured party may step outside the no-fault system and pursue a claim against the at-fault driver directly.
Types of Damages
In a pedestrian accident case, the injured party may recover various types of damages, including:
1. Economic Damages:
- Medical expenses (past and future)
- Lost wages
- Loss of earning capacity
- Rehabilitation costs
- Property damage
2. Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (for the victim’s spouse)
3. Punitive Damages:
In rare cases involving extreme misconduct by the at-fault party, punitive damages are awarded to punish the wrongdoer.
At Rosenberg & Gluck LLP, we work diligently to ensure that all applicable damages are thoroughly documented and pursued in each case we handle. This often involves collaborating with medical experts, life care planners, and economists to accurately calculate the full extent of our client’s losses.
Statute of Limitations
Pedestrian accident survivors must be aware of the statute of limitations, which sets a time limit for filing a lawsuit. In New York, the general statute of limitations for personal injury cases, including pedestrian accidents, is three years from the accident date.
However, there are exceptions to this rule:
- If the victim is a minor, the statute of limitations may be extended until their 18th birthday.
- If the claim is against a government entity (e.g., a city bus), there may be much shorter notice requirements and filing deadlines.
You must file your case within the statute of limitations to avoid losing your right to seek compensation. This is why it’s essential to consult with an experienced attorney as soon as possible after an accident.
Comparative Negligence
New York follows a pure comparative negligence rule in personal injury cases. This means that even if a pedestrian is partially at fault for the accident, they can still recover damages. However, their compensation will be reduced by their percentage of fault.
This rule underscores the importance of having skilled legal representation to minimize any allegations of fault against the pedestrian and maximize potential recovery.
At Rosenberg & Gluck LLP, we thoroughly investigate each case to build strong arguments against any claims of comparative negligence that could reduce our clients’ compensation.
The Role of Insurance in Pedestrian Accident Claims
No-Fault Insurance in New York
New York’s no-fault insurance system significantly impacts how pedestrian accident claims are handled. Under this system:
- Pedestrians are typically covered by the Personal Injury Protection (PIP) insurance of the vehicle that struck them, regardless of who was at fault.
- This coverage covers medical expenses and a portion of lost wages up to the policy limits.
- No-fault benefits are paid relatively quickly, without the need to prove fault.
However, no-fault insurance has limitations:
- It doesn’t cover non-economic damages like pain and suffering.
- There are caps on the amount of compensation available.
- It may not fully cover all medical expenses or lost wages for severe injuries.
Stepping Outside the No-Fault System
For serious injuries, New York law allows individuals to step outside the no-fault system and pursue a claim against the at-fault driver directly.
This becomes possible when the injury meets the state’s serious injury threshold, which includes:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- Substantial inability to perform all of their usual daily activities for at least 90 of the 180 days immediately following the injury
If an injury meets this threshold, the individual can pursue a claim against the at-fault driver’s liability insurance for all damages, including pain and suffering.
Uninsured and Underinsured Motorist Coverage
In cases where the at-fault driver is uninsured or lacks insurance to cover the victim’s damages, uninsured (UM) and underinsured motorist (UIM) coverage becomes crucial.
This coverage is part of the victim’s auto insurance policy, even though they were a pedestrian at the time of the accident.
- Uninsured motorist coverage provides compensation when the at-fault driver has no insurance.
- Underinsured motorist coverage kicks in when the at-fault driver’s insurance limits are too low to compensate the victim entirely.
At Rosenberg & Gluck LLP, we always investigate all potential sources of insurance coverage to maximize our client’s compensation.
Establishing Liability in Pedestrian Accident Cases
Proving liability is a critical aspect of any pedestrian accident case.
Key factors that can influence liability include:
- Driver Negligence: This can include speeding, distracted driving, failure to yield the right of way, running red lights or stop signs, and driving under the influence.
- Road Conditions: Poor road design, inadequate lighting, malfunctioning traffic signals, or unclear pedestrian crossings can contribute to accidents.
- Vehicle Factors: In some cases, vehicle malfunctions, such as brake failures or headlight issues, can cause pedestrian accidents.
To establish liability, an attorney will gather and analyze various types of evidence, including:
- Police reports
- Witness statements
- Surveillance footage
- Accident reconstruction expert testimony
- Medical records
- Traffic camera footage
Steps to Take After a Pedestrian Accident
After a pedestrian accident, to protect your health and legal rights:
- Seek immediate medical attention, even for seemingly minor injuries.
- Report the accident to the police and obtain a copy of the report.
- Gather contact information from witnesses, if possible.
- Document the scene with photos or videos if you can do so safely.
- Avoid discussing fault or giving statements to insurance companies without legal counsel.
- Keep all medical records and receipts related to your injuries.
- Contact an experienced personal injury attorney as soon as possible.
How Rosenberg & Gluck LLP Can Help
At Rosenberg & Gluck LLP, we help injured pedestrians with the legal process and secure fair compensation.
Our services include:
- Thorough investigation of the accident circumstances
- Identification of all potentially liable parties
- Accurate calculation of damages, including future costs
- Skilled negotiation with insurance companies
- Preparation and filing of all necessary legal documents
- Litigation if a fair settlement cannot be reached
- Access to a network of medical experts and accident reconstruction specialists
We offer free initial consultations, allowing injured parties to understand their legal options without financial obligation. Our team is committed to providing compassionate support and advocacy for our clients throughout the legal process.
Schedule Your Free Consultation Today
Pedestrian accidents can have life-altering consequences, but the individual affected has legal rights and options for seeking compensation. Understanding these rights and the legal process is vital for securing fair compensation.
At Rosenberg & Gluck LLP, we’re committed to guiding our clients through every step of this process, fighting for their rights, and helping them rebuild their lives after a pedestrian accident.
Please contact us if you or a loved one has been injured in a pedestrian accident. Our experienced attorneys are here to support you during this challenging time.
