Injuries to pedestrians are among the top 10 leading causes of injury-related hospital admissions and death for almost all age groups in New York State. Approximately 300 pedestrians are killed and 15,000 are injured by motor vehicles each year on roadways, and more than 3,000 pedestrians are admitted to the hospital annually. It is well-known that New York's roadways have seen many unfortunate accidents involving pedestrians, especially in the state's more densely populated cities. If you or someone you love has been injured as a pedestrian, it is important to understand what forms of compensation one may receive to cover not only medical expenses but also mental suffering. The dedicated pedestrian accident attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers, may be able to help you assert your legal rights following a crash.
Pedestrian-car accidents are oftentimes caused by negligence, usually on the part of the driver. These acts of negligence may include a driver ignoring a red light or simply failing to give the right of way to a pedestrian. Other causes include distracted drivers and/or pedestrians who may be texting on cell phones, speeding, people driving under the influence of alcohol or drugs, and poor visibility. Additionally, parking lots, where pedestrians may not be seen before a vehicle begins to back up, tend to be a location where high rates of car-pedestrian accidents happen. A driver may also lose control of their vehicle and jump a curb, hitting a pedestrian on a sidewalk.
It might seem like an accident involving a car and a pedestrian will automatically be the fault of the driver. But that's not always the case. Sometimes the pedestrian can be at least partially at fault—if they were jaywalking at the time of the accident, for example. The higher the pedestrian's share of fault in causing the accident, the smaller the settlement offer they can expect from the insurance company.
For most drivers, if they're found to be responsible for causing an automobile accident, it'll be their car insurance coverage that pays out any insurance settlements or court judgments. But the car insurance policy will only pay up to policy limits. For many drivers, this will be the state minimum for liability insurance, which is often less than $50,000 per accident. If a claim against the at-fault driver exceeds their policy limits, the claimant may be out of luck when it comes to recovering anything else.
In the majority of car accidents, there are two main types of recoverable damages. The first type refers to economic damages, which compensate someone for the financial effects of the accidents such as medical bills, lost wages, and the cost of hiring someone to help with household chores or tasks.
The second type of damages is non-economic damages. These are tougher to define and value than economic damages, but they're meant to compensate a victim for the more subjective negative effects of the accident, the resulting injuries, and necessary medical treatment such as physical pain and suffering, mental anguish, anxiety, depression, reduced quality of life and the impact of a permanent disability or disfigurement. It is always highly recommended that people be represented by experienced personal injury lawyers to ensure they get the compensation they deserve.
If you've been injured or a loved one has lost their life in a pedestrian accident, you can talk to a skilled trial lawyer to understand your legal rights and make decisions regarding your next steps. We understand how significant the impact of these collisions can be and are dedicated to helping our clients seek the compensation they may be entitled to because of someone else's careless conduct. At DeFrancisco & Falgiatano Personal Injury Lawyers, we represent injured victims in Syracuse, Rochester, and across Upstate New York, including in Utica, Canandaigua, Ithaca, Lowville, Binghamton, Oneida, Cooperstown, Watertown, Auburn, Lyons, Herkimer, Oswego, Elmira, and Wampsville. Call our firm at 833-200-2000 contact us via our online form. We are experienced personal injury lawyers so call today for a free consultation!