Accidents that involve pedestrians are unfortunate occurrences. Given the vulnerability of pedestrians, such kind of accidents may lead to devastating emotional, physical, and financial damage as well as fatalities. If you suffered injuries or lost a loved one in a pedestrian accident, you may be able to recover your losses. You must consult with a skilled Glen Falls pedestrian accident lawyer to know your legal rights and options. Also, your attorney will help you understand the next steps you should take.
Your Legal Options as a Victim
In New York, drivers must carry Personal Injury Protection or PIP. This insurance covers any person driving a vehicle, passengers inside vehicles, and pedestrians hit by a vehicle. So, when you get hit by another vehicle, PIP must cover your hospital bills and lost wages. However, this insurance does not include non-economic damages like pain and suffering. Still, you can recover such damages through a lawsuit. But you must ensure your injuries meet the threshold for severe injuries the state has set. Your attorney can walk you through these requirements.
Determining Liability in a Pedestrian Accident
Sometimes, you and the driver can hold be held responsible for the accident. And the percentage of your fault can impact your compensation. To understand how liability is determined by the court, you must know what is expected of drivers and pedestrians.
Car accident laws assume that pedestrians and drivers must obey road rules. Should a driver violate traffic laws and injure or harm a pedestrian, they are considered negligent. Meanwhile, if the pedestrian fails to act reasonably and causes the crash, they are responsible for the crash.
In some cases, both the pedestrian and driver share fault; however, other factors like poor weather conditions, defective equipment, and bad road conditions impact the determination of fault. If both parties share fault, the state’s comparative fault rule applies. Such a rule dictates the amount of compensation every party may get.
Proving the Negligence of the Driver
Insurance providers, police officers, and pedestrian lawyers investigate pedestrian accident cases. They may have different conclusions regarding fault and reckless behavior. One important factor to take into account is whether the driver violated any traffic laws when they hit the pedestrian. Ultimately, you should prove the driver breached the duty of care that is expected of them. Your attorney knows what evidence to collect and works with experts to get this evidence.