You may file for a personal injury lawsuit after sustaining injuries from a pedestrian accident. In fact, according to the New York statute of limitation, you may file the legal case anytime within three years of the date of incident.
Don’t worry about not getting the license plate number of the negligent driver’s vehicle. You still have an opportunity to recover the compensation you need for sustained injuries.
New York Law Regarding the Rights of Pedestrians
Pedestrians in New York State must observe traffic regulations and adhere to traffic control signs. The traffic regulations, signals, and signage exist to reduce the possibility of pedestrian accidents.
Pedestrians, though, are not the only ones responsible for their safety. State laws offer different pedestrian rights that motorists should also observe. These rights include the following:
- Rights within a crosswalk: Vehicles must always give way to pedestrians, but passersby shouldn’t abruptly leave the curb if a vehicle is too close to stop or give way safely.
- Rights outside of a crosswalk: Pedestrians must give way to vehicles on the road when walking within an unmarked crosswalk or outside of a designated crosswalk.
- Rights on a sidewalk: Vehicles entering or coming from an alley, building, driveway, garage, or private road must give way to pedestrians on the sidewalk who intend to cross it.
- Rights in roadways: Pedestrians may not walk on roadways if a sidewalk is available, but they may walk along the side of the roadway if there is none and it is safe to do so.
State Law Regarding Pedestrian Accidents
The proceedings of a pedestrian accident are similar to other types of motor vehicle accidents.
The first thing that the court will do is determine who is at fault for the incident. If you were not observing pedestrian laws at the time of the accident, you may share the fault with the driver. If you were acting within the law, however, the driver may be liable for the incident.
State insurance law enables the reimbursement of medical costs of victims of pedestrian accidents. You may submit a no-fault claim with the insurance company of the driver that hit you, anytime within 30 days of the accident.
If you want to, I may give you legal guidance while filing a no-fault medical claim.
Moreover, you may file a personal injury lawsuit if you have sustained serious injuries such as fractures, dismemberment, and significant disfigurement. The New York Insurance Laws section 5102(d) also considers the following as serious injuries:
- Death
- The loss of a fetus
- Permanent dysfunction of a body organ, member, function, or system
- Permanent limitations of a body organ or member
- Significant limitations of a body function or system
- Medically determined disability for at least 90 days
I will be with you every step of the way of a personal injury lawsuit — from filing it to getting compensation for losses such as medical bills, lost wages, and pain and suffering.
As a former prosecutor in New York with a multidisciplinary practice, I offer comprehensive professional legal services with a personal touch.
Call today for a consultation.
