New York City has always been a dangerous place to get around if you are on foot. In 2022 alone, there were 118 pedestrians killed in accidents on the city’s streets. That actually represents “good” news as it was slightly below the number of similar deaths reported just three years earlier and a substantial drop from the modern record of 377 pedestrian deaths in 1989.
Still, even in non-fatal accidents, when a pedestrian is hit by a car they often sustain serious, life-threatening injuries that will require thousands of dollars in medical care. In some cases, a pedestrian may be left in a condition where they are unable to work or care for themselves. So when such accidents are the result of driver negligence–as is often the case–the pedestrian and their family have the right to demand justice.
The New York City pedestrian accident lawyers at Poltielov Law Firm P.C., can represent you in seeking compensation for such injuries and other legal damages. Our team represents pedestrians who have been hurt by reckless drivers who think they own the city’s streets. We can help you in building a personal injury case and dealing with insurance companies that attempt to deny responsibility for your accident.
How Does New York’s “No-Fault” Rules Affect Pedestrians Hit By Cars?
All automobiles registered in New York must carry a minimum amount of insurance. Under New York’s “no-fault” insurance laws, if an insured vehicle hits a pedestrian, the driver’s insurance company must pay up to $50,000 in economic damages to the pedestrian. Economic damages include the pedestrian’s medical bills and up to $2,000 per month in lost income. The no-fault insurer is not responsible for any non-economic damages, however, such as the injured pedestrian’s pain and suffering.
In certain cases, a pedestrian accident victim can step outside of the no-fault system (and the $50,000 cap) and demand full compensation for their economic and non-economic damages. The law requires proof that the pedestrian suffered a serious injury, such as a broken bone, substantial disfigurement, or a permanent impairment or substantial limitation of a body function, organ, or limb.
Of course, many drivers will turn around and try to blame the pedestrian for the accident, e.g., “They ran right in front of my car before I had a chance to stop!” New York follows a pure comparative negligence rule in personal injury cases. This means that should a case go to trial, the judge or jury must apportion the relative fault of all parties in terms of percentages. Any final award of damages is then reduced accordingly to account for the plaintiff’s relative fault, if any.
Contact Poltielov Law Firm P.C. Today
New York’s no-fault insurance rules often fail to fully compensate pedestrian accident victims for their injuries–assuming the insurance company even bothers to pay a claim in the first place. That is why it is important to work with an experienced New York City pedestrian accidents attorney who can review all of your potential options for seeking compensation. Contact Poltielov Law Firm P.C. or call us now at 718-880-2911 to schedule an initial consultation with a member of our team.