Pedestrian accident happens when a vehicle hits a pedestrian. Based on Statistics, there are 15,000 pedestrian accidents that happen in New York, 300 of which die. Most pedestrian accident victims suffer from injuries of various gravity. Some incur bruises and lacerations, some loss a part or the use thereof, and some suffer death. Pedestrian Accidents may be caused by the following:
- Impatient drivers or those who refuses to slow down and stop when a pedestrian has to cross the road;
- Distracted drivers or those who multitask while driving which significantly reduces their attention on the road;
- Lack of road signs. These are not mere signs but are guides not only of pedestrian but also of vehicle drivers;
- Alcohol consumption when driving;
- Overspeeding;
- Other analogous causes.
Pedestrian accidents may be reduced in simple ways. For drivers, compliance to road signs such as slowing down in school zones, and giving way to crossing people in the pedestrian lane; accordance of speed to their environment and weather; and avoidance of driving when intoxicated, are some ways to reduce pedestrian accidents. On the other hand, pedestrians can also contribute to the reduction of pedestrian accidents through following road signs, crossing with caution, and not using phones when on the streets. Additionally, proper and conspicuous road signs shall be put on streets to adequately guide both the drivers and the pedestrians.
What to do when involved in a pedestrian accident
Despite measures to avoid accidents, the occurrence thereof is inevitable and unforeseeable. Therefore, it is imperative to know what one should do when involved in a pedestrian accident.
First, if you are capable, call 911 immediately in order for police to arrive and investigate the incident, and ambulance to render medical assistance. Obtain a police report once available. Have yourself checked by a medical practitioner as the effects may not be felt immediately after the occurrence as one may still be in a state of shock. Additionally and if needed, visit a psychiatrist as accidents often also affect the emotional well being of a person.
Thereafter, obtaining information with the other party involved, including their name, address, driver’s license details, vehicle registration and other necessary information. Document the incident through taking photographs and video of the mishap. Cctv videos or webcam videos may also be obtained with consent of the owners of the devices. If witnesses are present, ask their consent and have their statement written in an affidavit.
Give notice to your insurance provider within thirty days from the occurrence. In doing so, consult a New York Pedestrian Accident Lawyer to give you advice and guidance in pursuing your claim.
Compensation for Injuries
Injuries incurred in accidents are compensable. From the out-of-pocket expenses to mental anguish, compensation is given through award of damages.
Damages may either be economic and non-economic. Economic damages are those referring to the financial constraints suffered by the victim as a result of the accident. This may include medical bills, therapy and loss or depreciation of property. Future losses are also encompassed under economic damages, such as loss of income.
Non-economic damages, on the other hand, covers injuries which are not, on its face, calculable, but the law grants compensation thereof as it recognizes the harm and injury suffered by the victim. Grounds for the award of non-economic damages include mental anguish, pain and suffering, and loss of enjoyment of life.
Additionally, an award of punitive damages may also be granted if it is alleged and fully proved that the offender acted with intent to inflict the injury, or negligence.
How a Pedestrian Accident Lawyer can Help
While the law grants compensation for injuries and suffering, the obtention thereof requires proof. Relatively, the process of filing a claim is not effortless. It necessitates endeavor and expertise. Therefore, engaging a Pedestrian Injury Lawyer is highly encouraged. Pedestrian Injury Lawyer can make your life easier with respect to your claim. A Pedestrian Injury Lawyer can:
- Give you expert advice as to the process of your claim.
- Assist you in the identification and obtention of pieces of evidence that will be attached in support to your claim.
- Negotiate on your behalf with the insurance company who, in their nature, does not automatically grant a claim. Relatively, it is imperative to have a Pedestrian Injury Lawyer as insurance company have tendencies to delay the processing of a claim to make the claimant settle for a lower compensation out of frustration and inconvenience.
- Should negotiation fail, Pedestrian Injury Lawyer competently represent you on your lawsuit before the court. Additionally, statute of limitations requires the filing of a claim arising from an accident within three years from its occurrence; a Pedestrian Injury Lawyer can help you in timely filing your claim.
