If you have sustained an injury after being hit by a car while crossing the street in New York City, or any location in the state of New York, you may be wondering whether you have the right to sue the driver for damages. Injuries in a pedestrian accident can cause a person to suffer physical and emotional harm, lead to extensive medical treatment, or render them incapacitated and unable to work. The financial, physical and psychological impact can be significant.
Despite these facts, victims of auto accidents are not automatically eligible to file a lawsuit. While you will likely be able to seek damages from the driver’s insurance company under the state’s no-fault insurance law, your ability to sue is dependent upon whether you can prove driver negligence, and whether your injuries meet the state’s definition of “serious injury.”
Hiring a skilled New York auto accident attorney is crucial if you hope to recover the maximum in compensation after being hit by a car while crossing the street. Your attorney can help you with issues such as establishing fault and gathering evidence to prove that the driver acted in a negligent manner or showed a disregard for pedestrian safety at the time of the accident. Skilled counsel can also advise you whether damages exceed the no-fault benefits. If so, you have the right to file a personal injury lawsuit.
The New York State Department of Financial Services gives pedestrians who were injured after being hit by a vehicle the right to file a claim for damages under the no-fault insurance laws.aut
If the injuries you sustained a are serious enough that the related medical costs, loss of income and other accident-related expenses exceed the maximum no-fault coverage, you may be able to seek additional benefits, or sue the at-fault driver for fair compensation.
According to Section 5102(d) of the New York Insurance Law, a negligent driver must have been responsible for causing a victim serious injury before the victim can file a lawsuit to seek damages above and beyond no-fault benefits. The serious injury threshold, as laid out by the New York State Bar Association, must involve one of the following personal injuries:
The law also states that if a pedestrian is injured to such a level that it will prevent the individual from performing the majority of his or her daily routine, for between 90 and 180 days following the accident, those injuries will likely meet the serious injury threshold.
Being involved in a pedestrian or auto accident can leave a victim in physical pain, unable to work, and dealing with massive medical bills. If you have been hit by a car while crossing the street, you deserve to be fully compensated for your injuries and losses.
Call Brandel and schedule to meet with a New York accident attorney to discuss your case, learn about your rights, and get help to determine whether you have the right to sue the driver. We know state law, and we take our duty to our clients extremely seriously. We are here to help — Call us now.