New York Pedestrian Accident Lawyer
New York pedestrians are often forced to share the streets with taxis, cars, buses, and other types of vehicles. Unfortunately, many drivers fail to yield the right of way to pedestrians or act negligently behind the wheel, resulting in serious accidents.
When a pedestrian is injured by a negligent driver, the results are often devastating, if not fatal. In some cases, it may be obvious that the driver was acting recklessly, but in order to prove liability, you may have to take legal action.
A knowledgeable New York pedestrian accident lawyer could help you determine whether you have a valid case against the at-fault party and help investigate the cause of the accident as well. Get in touch with an experienced personal injury attorney today.
Who Can Be Held Liable in Pedestrian Accident Cases?
A driver who violates New York State Vehicle and Traffic Law (VTL) and injures a pedestrian will generally be considered negligent in a civil action. However, every case is different, and mitigating factors can emerge in pedestrian accident cases that complicate the claim.
Under the VTL, pedestrians have the right of way. However, pedestrians must be alert and avoid negligent behavior such as jaywalking or walking into moving traffic.
Regardless, drivers must yield to pedestrians at crosswalks. According to VTL Section 1151, failing to yield to a pedestrian is illegal in New York. If convicted, the penalty is a fine up to $150 and a mandatory $93 state surcharge, along with three points to the driver’s license.
When away from crosswalks, pedestrians must yield to moving vehicles. Moreover, pedestrians may not cross in the middle of an intersection with traffic control signals at each end of the block, but state law does not enforce the same requirement outside of the five boroughs.
New York is a No-Fault state, meaning that the insurance companies will be held responsible for paying lost wages and medical bills should a motorist every hit a pedestrian. Unfortunately, it is not uncommon for an insurance company to delay or deny a claim in order to get out of paying the insured. Insurance company lawyers and adjusters may try to offer an unreasonable sum of money or unfairly try to shift blame in the plaintiff’s direction to reduce the overall payout.
Statute of Limitations in Pedestrian Accident Cases
There are laws that prescribe the time limits within which an injured victim must take certain steps to protect their legal rights or risk losing the opportunity to obtain adequate compensation.
The time limit that applies to a pedestrian accident case is known as the statute of limitations. In New York, injured plaintiffs have a maximum of three years to file a claim or lawsuit from the date of the injury.
Generally speaking, after the deadline has passed, the victim can no longer seek legal action for that motor vehicle accident. Fortunately, a pedestrian accident lawyer in New York could help an injured victim with filing a claim promptly.
The statute of limitations that applies to most pedestrian accident cases filed in New York is essentially the same as the larger one that covers all types of personal injury cases.
Whether it is a standard pedestrian accident claim or a wrongful death lawsuit, the case will likely hinge on whether or not driver negligence played a role in the accident.
Speak with a New York Pedestrian Accident Attorney Today
The strict laws in New York allow pedestrians who were injured in accidents to take legal action against the at-fault party responsible for the crash. A skilled New York pedestrian accident lawyer could help you understand and protect your legal rights. To learn more, call today.
