Settlement Factors In Pedestrian Accident Claims
What Components Will Make Up A Strong Pedestrian Accident Case?
Typically, a police report documenting exactly what happened is often the most important thing.
So having a good police report which documents that the individual was in a crosswalk and that the other vehicle turned usually establishes the liability because if vehicle turns, that means they have the green light to go straight but it means they are turning onto a street where the pedestrian has the right of way. So that’s one component.
Obviously the value of what a person can get will vary depending on their injuries. There can be cases that involve everything from small injuries to wrongful death and catastrophic injuries. The Westchester and New York City car accident lawyers at the law office of Michael H. Joseph PLLC. certainly have experience dealing with personal injuries of every size and type.
Do You Have To Wait Until The Criminal Part Of The Case Is Finalized And Resolved Before Pursuing The Claim?
Definitely not. Usually if there is an arrest, the insurance companies will typically accept liability or fault for the accident, especially if they’ve violated a particular rule of the road so to speak. For example, if they were driving without a license or someone caused injury and fled the scene, then fault is usually presumed at that point because if they weren’t at fault, they wouldn’t have fled the scene.
However, typically what will happen is if it’s a vehicular manslaughter case or something that heavy, then if you filed suit, they may make a motion of what’s called Stay the case until the underlying criminal case is resolved, but typically in terms of a garden variety of vehicle and traffic law violation, that will not hold up the case very long and those are usually disposed off fairly quickly, usually within a matter of a couple of months.
How Important Is The Investigation And Evidence In These Types Of Cases?
It depends on a lot of things. With more significant injuries, evidence can make a big difference.
In case of a very significant injury, where someone is hospitalized or is taken urgently, the police in New York City and even some of the bigger cities such as White Plains, Scarsdale, New Rochelle, will have an accident investigation team come out and they’ll take photographs from every angle. These photographs will tell a story.
For example, if we can see the skid marks which means the vehicle was going too fast, if the accident occurred in an intersection knowing where the vehicle ultimately stopped, it gives us an idea of how fast they were going. There are a lot of different types of evidence that can be obtained. Witness statements as to what happened shortly after an incident are always important to get if there is a dispute.
A lot of times, what people say right at the scene to the investigating police officer is also very important because a lot of times, after they talk to their insurance company or an insurance company lawyer, they’ll come up with a different story than what they initially said. So, the investigation is always important to demonstrate how an accident happened.
Get information about the Settlement Factors In Pedestrian Accident Claims, or call the law office of Attorney Michael Joseph for a free initial consultation at (914) 574-8330 and get the information and legal answers you’re seeking.