Understanding Your Rights as a Pedestrian in New York: Insights from A
Pedestrian accidents in New York are an unfortunate reality. The high volume of people walking throughout Manhattan, Brooklyn, Queens, and other boroughs, combined with the endless stream of traffic, makes accidents bound to happen. As experienced trial attorney Michael Joseph explains, these accidents often leave victims facing serious injuries and complex legal situations. Understanding your rights as a pedestrian is crucial in navigating the aftermath of such incidents, especially when the driver involved lacks insurance or flees the scene.
Common Pedestrian Injuries
Pedestrian accidents can result in a variety of injuries, many of which are serious. According to Michael Joseph, some of the most common injuries include:
- Knee injuries from the initial impact.
- Fractures in the arms and hands, as victims instinctively try to protect themselves.
- Back, neck, and shoulder injuries from being thrown or pushed to the ground by the force of the vehicle.
These injuries can be severe, requiring long-term medical treatment, rehabilitation, and, in some cases, surgical intervention.
What Happens If the Driver is Uninsured or Flees the Scene?
One of the most common questions Michael hears is, “What do I do if the driver who hit me either has no insurance or fled the scene?” The good news is that New York law provides protections for pedestrians in both situations.
If you’re hit by an uninsured driver or involved in a hit-and-run accident, you can still seek compensation. New York’s Uninsured Motorist Coverage allows victims to file a claim with their own insurance company for benefits such as medical expenses, lost wages, and pain and suffering. Additionally, the state has the Motor Vehicle Accident Indemnification Corporation (MVAC), which provides coverage for pedestrians hit by uninsured or unidentified drivers. This fund can cover up to $50,000 for medical expenses and lost wages and an additional $25,000 for pain and suffering.
However, as Michael stresses, it’s essential to file a police report within 24 hours of the accident. Without this documentation, you may lose your right to pursue a claim.
The Legal Steps to Take After a Pedestrian Accident
In any pedestrian accident, the steps you take immediately afterward can significantly impact your ability to recover compensation. Michael outlines the critical actions to follow:
- Contact the police and file a report. This is crucial in any accident but especially important in hit-and-run cases.
- Document the accident—take pictures of the vehicle, if possible, and gather any other relevant evidence.
- Seek medical attention immediately, even if you don’t feel injured at the time. Some injuries, such as knee or back injuries, may not manifest until later.
- Contact an experienced attorney who understands the nuances of pedestrian accident cases in New York. The legal process can be challenging, and one misstep could jeopardize your claim.
What If You’re Partially at Fault?
In some pedestrian accidents, the injured party may share some responsibility. New York follows a system of comparative fault, which means that even if a pedestrian is partially at fault, they can still recover compensation. However, any damages awarded will be reduced by the percentage of fault attributed to the pedestrian. For instance, if a pedestrian is found to be 25% at fault, their compensation will be reduced by 25%.
Pedestrian accidents are an unfortunate reality in New York. However, understanding your legal rights and the steps to take can make all the difference in the outcome of your case. Whether the driver is uninsured, fled the scene, or you’re partially at fault, legal remedies are still available. Working with an experienced attorney like Michael Joseph ensures that your case is handled properly, and you can focus on recovery while leaving the legal complexities to the experts.
