With the high volume of pedestrian traffic, New York often records high numbers of pedestrian fatalities.
In fact, according to the New York State Department of Health, approximately 300 pedestrians are killed and 15,000 pedestrians are injured by motor vehicles each year in the state.
Additionally, injuries to pedestrians represent a top 10 leading cause of injury-related hospital admissions and death for almost all age groups in New York.
If you suffered injuries caused by someone else’s negligence, you could recover your losses through a personal injury claim against the negligent party.
Contact one of our New York pedestrian accident lawyers today to discuss your case.
Who Can File a Personal Injury Claim for a NY Pedestrian Accident?
New York is considered a “no-fault” insurance state. That means that insured parties injured in car accidents typically receive reimbursement from their own insurance company, regardless of who was at fault in the accident.
However, if you meet a certain threshold set by New York law, you can file a personal injury claim against the at-fault party.
Under New York law, individuals who suffer “serious” injuries from a car accident can pursue a personal injury claim to recover damages from the person responsible for those injuries.
If you bring a personal injury claim against the at-fault driver, you bear the burden of proving that the driver was at fault. This typically involves showing that the driver was negligent.
To prove the other driver was negligent, you must show that the driver owed you a duty of care to act as a reasonable person would in the same circumstances and that the driver breached that duty.
Additionally, you must show that you suffered harm as a result of the other driver’s breach.
What Qualifies as an Injury in a Pedestrian Accident?
As stated above, some injuries can qualify you to bring a personal injury claim against the at-fault party instead of relying on a no-fault insurance claim. A “serious” injury includes:
- Significant disfigurement,
- Permanent limitation of use of a body organ or member,
- Loss of a fetus,
- Significant limitation of use of a body function or system,
- Substantially full disability for 90 days, or
- Bone fractures.
If you meet one of these requirements, you can pursue damages from the at-fault driver through a personal injury lawsuit.
If you suffered relatively minor injuries, you will likely recover only for your injuries through a no-fault insurance claim. Reach out to one of our New York pedestrian accident lawyers today to discuss your case.
What Damages Can I Recover After a Pedestrian Accident in NY?
In a no-fault claim, your insurance coverage will apply to pay:
- “Reasonable and necessary” accident-related medical bills;
- Other medical expenses;
- 80% of lost work income, up to $2,000 per month, for up to three years;
- Up to $25 a day for “reasonable and necessary” expenses resulting from the accident for up to one year; and
- A $2,000 death benefit to the estate of any covered individual killed in the accident.
You can recover non-economic damages if you qualify to bring a personal injury claim against the party responsible for your injuries, such as:
- Pain and suffering,
- Mental anguish,
- Loss of enjoyment of life, or
- Loss of companionship.
Remember, you can recover non-economic damages only through a personal injury claim. An experienced New York pedestrian accident lawyer can help you determine what claim you qualify for.
How to Get Started with the Law Offices of Theodore A. Naima
After suffering injuries in a pedestrian accident, you might search the internet for “pedestrian accident attorney near me.” You will find out quickly that dozens of lawyers advertise their services as New York pedestrian accident lawyers.
At the Law Offices of Theodore A. Naima, we have set ourselves apart by receiving the prestigious AV Preeminent rating from Martindale-Hubbell in 2015, the company that has long been recognized as setting the gold standard for lawyer ratings, signifying the highest degree of peer recognition and professional excellence.
In 2015, we secured the highest jury verdict award in New York State in a pedestrian motor vehicle accident, with a verdict of $9 million.
We exclusively practice personal injury law, dedicating our entire practice to representing the rights of victims injured or killed as a result of the wrongful act of another.
Real Pedestrian Accident Case Verdict
In 2015, Attorney Ted Naima helped a client in Inwood recover compensation after a tractor-trailer struck them at a crosswalk.
The Facts and Allegations
On May 21, 2009, 22-year-old Yolanda Abarca Ramos was walking along the northbound side of Nassau Expressway in Inwood. When she reached a crosswalk at Bayview Avenue, a tractor-trailer struck her from behind while trying to turn left onto the Nassau Expressway. Ramos had the right-of-way by a pedestrian signal, but the driver did not notice her until the impact. The defense tried to argue that Ramos should’ve noticed the tractor-trailer, even though it was behind her.
Due to the accident, Ramos suffered several injuries, including an above-the-knee amputation, degloving, fractures, lacerations, and a closed head injury. Emergency responders airlifted her to Nassau University Medical Center in East Meadow, where they amputated her right leg. Her hospitalization lasted two weeks and she had 10 days of rehabilitation. Four months after the incident, Ramos received a prosthesis to replace her leg. The device had to be replaced once before the trial in 2013.
Ramos’s injuries resulted in permanent disability, which affects her everyday life. She has trouble taking care of her two young children and still requires periodic replacements of her prosthetic. We sought $600,000 in future medical expenses and a total of $8 million in pain and suffering from the driver and their employer, South Shore Ready Mix Inc.
The trial court granted summary judgment in favor of Ramos on the question of liability, and that decision was affirmed on appeal. The case proceeded to trial on the question of damages.
After a three-day trial and 90 minutes of deliberation, the jury awarded Ramos $9 million in damages, including $1 million in future medical expenses, $4 million in past pain and suffering, and $4 million in future pain and suffering.