In every city, there are rules intended to ensure that the roads are safe for everyone, and this includes managing and monitoring both pedestrian activity and vehicle traffic. If you are involved in an accident as a pedestrian and are injured as a result, then you have the right to seek compensation so that your health and wellbeing are protected. Filing a lawsuit against the at-fault party is often a significant step that can help you along the road to recovery. Contact a Bronx pedestrian accident lawyer from Cellino Law if you have been hurt in an accident. Schedule a free consultation with our injury law firm in the Bronx today to learn how we can help your claim.
Table of Contents
What Steps Should You Take After A Pedestrian Accident?
Taking legal action against someone who caused an accident is a complex process. You will need to present evidence to support the chain of events that you claim took place. Witness testimony can be helpful here, as can video evidence. The insurance company, and the courts, will look at the evidence provided by both parties to work out who was at fault in the accident.
If you are required to have medical treatment because of the accident, then you may have to present documents that show the injuries you experienced, and the treatment you were given. Filing a report with the police is an important step because it creates a paper trail about the date and time of the accident, and exactly what happened. You should obtain the contact details of everyone who was involved and try to get your own evidence in the form of photos or videos on your phone if you can do so safely.
Make sure that the people who are at fault are contacted as soon as possible so that the litigation process can be started. Taking the right steps in the moments after the accident is crucial to having the case progress smoothly. Try to remember these tips, so that if you are ever in an accident, you have a clear plan of action.
Seek Help From the Emergency Services
When a pedestrian is involved in an accident that also involves a moving vehicle, there is a risk of severe injury. Pedestrians are more vulnerable than car drivers, and because of this, it is the insurance policy of the driver at fault that is usually responsible for a pedestrian’s medical bills in the event of an accident. It is important that if there is an accident, medical emergency services are called immediately, to assist anyone who is wounded, and to examine those who were involved, to check for injuries that may not be immediately obvious.
First responders offer first aid and can safely transport anyone with a serious injury to a hospital to give them more extensive treatment. Those who are fortunate enough to have only minor injuries can be treated on-site and assessed to ensure that they have not had a concussion, and are not suffering from internal injuries.
When an accident is reported to the emergency services, the police will also attend and collect evidence, taking statements from witnesses, and from anyone who stopped to help, so that they can compile a report which can be used to determine the cause of the accident, and if anyone was at fault.
Move to Safety as Soon as Possible
If the pedestrian is on the road, then there is the risk that they may sustain secondary injuries, or that a secondary accident may occur. This outcome can happen frequently on roads with heavy traffic. It is important that those who were involved in an accident remain close to the scene, but they should try to get off the road if it is safe for them to move. If there is concern about spinal injuries, or if the person is otherwise severely injured, then safe attempts to alert other drivers, such as turning on hazard warning lights, may be considered.
Collect Contact and Insurance Information
When the police arrive at the scene, they will collect evidence and will also collect information about the parties that were involved in the accident. If the injured person is able to do so, they should also collect the contact details and insurance information of any drivers who caused the accident. If they cannot do so because of their injuries, then someone else at the scene could collect the information on their behalf.
It is a good idea to ask eyewitnesses and anyone who stopped to help to provide their contact details as well, since the accounts provided by the witnesses could be an important part of supporting any evidence provided, and could contribute to efforts to determine the sequence of events that led to the accident.
Document The Scene
Thanks to the ubiquity of smartphones, cameras are everywhere. If you are able to do so, take photos of the scene of the accident, and record a quick video too. Take photos of yourself as well, so that you can show the severity of the accident, and the injuries that you sustained. These images and videos can be combined with any evidence that is collected by the police, and used by the courts and your insurance company to work out how much compensation you may be entitled to.
Talk to a Lawyer
After a pedestrian accident, it is very important that you get medical attention. Once your immediate health and safety are taken care of, your next step should be to find a Bronx pedestrian accident lawyer that has the expertise to help you put in a compensation claim. If the accident is found to have been caused by another driver’s negligence, then the victim can ask the negligent driver for compensation.
The role of the attorney is to make sure that fault is proven, and that the victim gets the amount of compensation that they deserve, by helping the victim to navigate the legal system, and by representing the interests of the victim should the case get all the way to court.
A motorist who is involved in a pedestrian collision will need to talk to their insurance provider and tell them that there has been an incident so that they can be given advice based on their coverage. The driver should not try to be obstructive when it comes to working with the lawyer representing the victim. Co-operating with the lawyers will help to ensure that the claim process moves smoothly for everyone.
All parties should be wary of discussing fault at the scene of the accident. Stick to exchanging contact information, and do not apologize or make speculative statements. The respective attorneys and insurance companies can handle the rest.
Once you have had medical advice, talk to a lawyer from Cellion Law. They have lots of experience with New York traffic law, so they are well-positioned to offer advice about pedestrian accident claims in the Bronx.
How Liability Is Determined In A New York Pedestrian Accident
Many things can contribute to pedestrian accidents, so it is not always clear who is to blame. It is important to determine fault so that rulings can be made about who should pay compensation. All parties involved are going to want to make someone else appear responsible for the accident, and liability may initially seem clear, but there may be extenuating circumstances that should be taken into account. That’s why lawyers are so important.
How Can A Pedestrian Accident Lawyer Help My Claim?
Following an accident in the Bronx, NY, insurance companies will be quick to act to try to make other parties look as if they were responsible. They may contact the other parties and try to get them to volunteer information, or even agree to a settlement. If you have sought the guidance of Cellino Law, then we can help to take some of the pressure off you. Our lawyers will handle the legal aspects of the claim, while you can focus on rest and recuperation. We will handle several parts of the case, such as:
Talking to Insurance Carriers
The insurance companies are businesses that want to make a profit. They will do everything in their power to reduce or even deny claims. If they contact you soon after an accident, they will try to get you to agree to a settlement or ask questions in the hopes of getting you to say something that invalidates your claim. Bronx accident lawyers at Cellino Law will talk to the insurance companies on your behalf, and therefore take that stress off you.
Trial and Settlement Negotiations
Insurance providers are used to claims going to trial. They deal with a lot of law firms and know which firms will take a case to trial and which will recommend that their clients accept a settlement. At Cellino Law we operate under the premise that every case we handle will be tried, and we prepare cases based on that, to maximize recovery. Our team of legal consultants know what is required to build winning cases for every accident case that we take on.
Our goal is to put your mind at ease, answer questions, and advice on issues such as:
- When to make a claim
- What procedures to follow
- How to handle settlement offers
- What constitutes an acceptable compensation offer
- How to face the defendant’s attorneys and the other insurance company in the courtroom
Our lawyers are available to answer questions, explain the filing process, and work with you to determine a fair level of compensation. We will represent your interests in court, and use our extensive experience to ensure that you get the maximum level of compensation you are entitled to.
We will collect pictures, witness accounts, video footage, and other evidence so that we can compile your claim for you. Some cases are simple, but some require extensive investigation and large amounts of evidence. We will do the legwork for you, while you focus on recovering from your injuries.
Not all cases end up in court. There are processes for mediation and arbitration that can solve a lot of cases before a stressful courtroom is required. We will help you decide whether you are likely to get a positive outcome from mediation, and save you time, money, and stress in cases where you have a chance of reaching a good settlement agreement outside of court.
Settlement offers can be made at any point before or even during the trial. The amount that is offered in a settlement is usually less than the maximum amount that the courts could award. However, settlements are a certain thing. You know that you will get the money, whereas with a trial you do not know how much you will get, or if you will get anything at all.
Deciding whether or not to take a settlement is a personal thing. We will give you the facts surrounding your case and whether we think that you have a chance of winning. We will also review the offered amount and tell you whether we think that it will be enough to cover your current and future losses and damage due to the injuries that you suffered in the accident.
Dealing With The Legal System
The statute of limitations applies to personal injury matters, however, there are even tighter limits on no-fault applications. If you want to make a no-fault claim, your insurance must be notified within 30 days of the accident. If you fail to do this, then you forfeit your chance to put in a claim for lost earnings, medical cover, or other losses.
The lawyers at Cellino Law understand how serious pedestrian accidents can be and will act quickly in order to make sure that your no-fault application is made before the deadline. It is important that you get in touch with us quickly so that we have time to start the process and make sure that everything about the case is handled well.
By choosing to work with an experienced team of Bronx pedestrian accident lawyers, you increase your chances of getting a positive outcome for your compensation claims. We take pride in our work, and we are committed to ensuring that you have the best chance of getting back to a normal life after your accident.
How Drivers Can Reduce The Chance Of Pedestrian Accidents
After many years of working to determine fault and help people obtain compensation, we know the most common causes of accidents. If you are a motorist and want to reduce the risk of being involved in a collision with a pedestrian, remember the following:
- Keep your mind, and eyes, on the road when driving
- Do not use your phone when you are driving
- Be mindful of weather conditions and how they may affect visibility or braking distances
- Slow down when you are nearing a crosswalk, stop sign, or traffic lights
- Leave sufficient space between your car and the one in front
- Do not overtake at crosswalks
- Do not drive while intoxicated or tired
- Always adhere to the speed limits
- Slow down when in school zones, near parks, or in residential areas
- Be cautious when backing up, or coming out of a driveway or other area with poor road visibility
What Types of Injuries Are Commonly Seen in Bronx Pedestrian Accidents?
Pedestrian accidents can be severe, but how severed depends on the speed of the vehicle at the time of the accident. Other factors, such as the angle/position of the pedestrian, where they were hit, their size and weight, and their general health, can all impact on the severity of the accident and the type of injuries sustained.
Sometimes, an accident can occur leaving only minor injuries. Sometimes, the injuries are far more severe or even life-threatening. It is not always obvious whether a person is seriously injured, so it is important that anyone involved in a pedestrian accident is seen by a health professional. Concussions, internal bleeding and organ damage may not always be obvious when a person is in shock or full of adrenaline from the accident. Some common injuries that occur as a result of pedestrian accidents are:
- Fractured or broken bones
- Soft tissue injuries or dislocations
- Spinal cord or neck injuries
- Loss of limbs
- Brain injury
After a pedestrian accident, if you are able to do so, take a photo of any injury before it is treated. Seek advice from the emergency services, and document everything that you are told. You are legally allowed to seek compensation for injuries, irrespective of their severity or type. Our Bronx pedestrian accident legal team will help you to seek compensation for physical injuries and emotional distress caused by an accident.
Time Limits for Pedestrian Injury Compensation Claims
Claims that are properly processed have the highest chances of being awarded full compensation. This means that the claim should have sufficient evidence and that it is filed properly. The law says that you have three years in which to file a pedestrian accident claim, however, that is for claims where someone is found at fault. The time limit for a no-fault claim is 30 days from the accident.
Call Cellino Law To Get The Help Of A Bronx Pedestrian Accident Lawyer
It is vital that you work with an experienced, reputable personal injury lawyer if you want to have a chance of making a successful claim. At Cellino Law, we have a team of Bronx personal injury attorneys that are experienced, fight your case aggressively, and work to ensure your interests are represented.
Call us today on (800) 555-5555 to start the process of making a compensation claim for a Bronx, NY pedestrian accident. We will work with you to make the claim process stress-free, taking on the task of dealing with the defendant’s attorneys and insurance providers so that you can focus on rest and recovery.