All cities have rules to ensure that the roads are kept safe for everyone. That includes monitoring and managing both vehicle traffic and pedestrian activity. If you were a pedestrian who was in an accident and became injured, you are entitled to seek compensation to keep your wellbeing and health protected. One important step towards helping your recovery process is often to file a lawsuit against the party who was at fault for the accident. If you were hurt by a negligent road user, contact a Garden City pedestrian accident lawyer at Cellino Law. Get your free consultation scheduled with our New York injury law firm today and discover how we can assist you with your claim.
What Steps Do I Need To Take Following A Pedestrian Accident?
It is a very complex process to take legal action against another party. You must present evidence to support the events that you are claiming occurred. Witness testimony, as well as video evidence, can be useful here. The courts and insurance company will review the evidence that both parties provide to determine who was at fault for your accident.
If you need to receive medical treatment due to the accident, you might need to present documents that detail the injuries that you have experienced as well as the treatment you have been provided. Another important step is to file a police report. It provides you with a paper trail that includes the time and date of the accident, and precisely what took place. You should get the contact details from everyone involved in the accident and attempt to collect evidence on your own using your phone such as videos and photos if you can safely do this.
Ensure that the parties who are at fault get contracted right away so the litigation process can begin. Taking the proper steps immediately following the accident is critical to ensure that your case can progress smoothly. Try to keep these tips in mind, so if you are ever involved in an accident, you will have a clear action plan.
Ask For Assistance From Emergency Services
Whenever a pedestrian is in an accident, a moving vehicle is also involved which means there is a high risk of serious injuries. Pedestrians are a lot more vulnerable than drivers of cars, and due to that fact, it is usually the driver at fault’s insurance policy that is responsible for the pedestrian’s medical bills following an accident. After an accident occurs, it is very important to immediately call medical emergency services to help anyone who is injured and to examine everyone who was involved, to check for any injuries that might not be immediately obvious.
First aid is offered by first responders and they can also safely transport people who have serious injuries to a hospital so they can be provided with more extensive treatment. For people who only have minor injuries, they can be treated on-site where the accident occurred and be evaluated to ensure they have not suffered any internal injuries or a concussion.
Whenever emergency service is informed about an accident, the police will show up as well and collect evidence, take statements from any witnesses as well as anywho who has stopped to help. Then they will compile a report that can be used in your case to determine what caused the accident, and who, if anyone, was at fault.
Move To A Safe Place As Soon As You Can
When a pedestrian is still on the road following an accident, there is a risk that they might suffer a secondary accident or secondary injuries. This can happen quite often on roads that have heavy traffic. It is very important for everyone who was involved in an accident to stay close to the scene. However, they need to try to get off the road when it is safe for them to do so. If a person is severely injured or there are any concerns about a spinal injury, then safely trying to alert other drivers like turning hazard warning lights on, can be considered.
Collect Insurance And Contact Information
Once the police have arrived on the scene, they will gather evidence and collect information on the parties who were involved in the accident. If an injured individual can do so, they also should collect the insurance information and contact details of any drivers who might have caused the accident. If that is not possible due to their injuries, then another person at the scene can collect the information for them.
Another good thing to do is to ask witnesses and anybody who stopped to give you their contact details since eyewitness accounts can be an important component of supporting any evidence that is provided and can contribute to efforts that determine the series of events that led up to your accident.
Document The Accident Scene
Cameras are everywhere due to all of the smartphones that everyone carries with them. If you can, take photographs of the accident scene, and then also take a quick video. Photograph yourself to show the severity of your accident and any injuries you have sustained. Those videos and images can be combined with other evidence that the police collect, and used by the insurance company and courts to determine how much compensation you might be entitled to receive.
Speak To An Attorney
Following a pedestrian accident, it is critical to receive medical attention. After your immediate safety and health have been taken care of, the next step you should take is to find a Garden City pedestrian accident attorney who has the experience and prowess to assist you in filing your compensation claim. If it is found that your accident was caused by the negligence of a driver, then the victim is entitled to seek compensation from the negligent driver.
The attorney’s role is to ensure that fault for the accident is proven, and the victim receives the maximum amount of compensation they deserve, by guiding the victim through the legal system, and representing the victim’s interest if the case makes it to court.
The Driver Must Inform Their Insurance Company
A driver involved in a collision with a pedestrian needs to speak to their insurance company and inform them that an accident has occurred so they can be provided with advice that is based on their insurance coverage. When working with the victim’s lawyer, the driver should not attempt to be obstructive. Cooperating with the attorneys will help make sure that the claim process goes smoothly for everyone involved.
Do Not Talk About Who is at Fault
All parties need to be careful about discussing fault at the accident scene. Just stick with exchanging contract information. Do not make speculative statements or apologize. The respective insurance companies and attorneys will handle everything else.
After you have received medical advice, speak to a Cellino Law attorney. They have the experience and cleverness with traffic law in New York, so they are very well-positioned to provide advice about Garden City pedestrian accident claims.
How To Prove Liability In A Pedestrian Accident In New York
Numerous things may contribute to a pedestrian accident. Therefore, who is to blame for the accident is not always clear. Determining fault is very important so rulings may be made regarding who is responsible to pay compensation. All of the parties who were involved in the accident will want to make it seem like somebody else seems responsible for causing the accident. Initially, liability might seem clear. However, there might be extenuating circumstances that need to be considered. This is why it is so important to have an attorney.
How Can A Garden City Pedestrian Accident Lawyer Assist Me With My Claim?
After an accident has occurred, insurance companies in New York will act quickly to attempt to make other parties appear to be responsible. They might contact some of the other parties involved in the accident to attempt to persuade them to agree to a settlement or volunteer information. If you seek assistance from Cellino Law, we can help take some of this pressure off of you. Our attorneys can handle all of your claim’s legal aspects, while you can focus on recuperation and rest. We can handle several aspects of your case, including the following:
Speak To Insurance Companies
Keep in mind that insurance companies are in business to earn a profit. Therefore, they will do anything they can to deny or reduce claims. If you are contacted by an insurance company following the accident, they will attempt to persuade you to agree to a small settlement or will try asking you questions, hoping you will say something that will invalidate your claim. Cellino Law accident lawyers in New York will speak to the insurance companies for you, so you don’t have to deal with that stress.
Settlement Negotiations And Trial
Insurance companies are accustomed to their claims ending up at trial. They are used to dealing with many law firms and know which of the firms will likely take cases to a trail and those that will encourage their clients to accept a settlement. Cellino Law operates under the premise that each case that we handle will go to trial and prepare our cases based on this, to maximize recovery. Our legal team knows what it takes to build a winning case for each accident case we handle.
Our goal is to answer your questions, ease your mind, and provide you with advice on issues like the following:
- When your claim should be made
- What procedures need to be followed
- How settlement offers should be handled
- What makes a compensation offer acceptable
- How to properly face the defendant’s insurance company attorneys in court
Our attorneys are available to answer your questions, explain the claims filing process to you, and work closely with you to determine a fair amount of compensation. We will also represent your best interests in court, and draw on our extensive experience to make sure you receive the maximum amount of compensation that you are entitled to receive.
Conduct Investigations
Our team will collect video footage, witness accounts, photos, and other evidence that can be used for your claim. Some cases are simple. However, others require a lot of evidence and extensive investigation. We will do all of this legwork for you so you can focus on your recovery from the injuries you have sustained.
Resolve Disputes
Not every case ends up going to court. Many cases can be solved by processes such as arbitration or mediation before having to go to court. We can help you determine whether it is likely that mediation will provide you with a positive outcome, and save you stress, money, and times if your case has a good chance of reaching a positive settlement agreement outside of the courtroom.
Reach Settlements
A settlement offer may be made at any time before or during a trial. Usually, the settlement amount that is offered will be less money than the maximum amount that a court might award. On the other hand, a settlement is a sure thing. You know you will be receiving the money. With a trial, you won’t know how much you will receive, if anything.
Deciding whether or not to accept a settlement is a personal decision. We will provide you with the facts that surround your case and tell you whether we believe you have a good chance to win. Also, we will review the amount that has been offered to you and let you know whether or not we believe it will be sufficient to cover all of your current and future damages and losses due to your injuries you have suffered in your accident.
Deal With The Legal System
Personal injury claims do have a statute of limitations. However, no-fault applications have even tighter limits. If you are wanting to file a no-fault claim, then you must notify your insurance company within 30 days of your accident. If you do not do that, you forfeit your ability to file a claim for medical coverage, lost earnings, and other losses you have incurred.
The Cellino Law attorneys understand just how serious a pedestrian accident potentially can be. We will act quickly to ensure that your no-fault application is filed before the deadline. It is very important for you to contact us right away so we have enough time to get the process started and ensure everything for your case gets handled properly.
When you choose to work with an experienced Garden City pedestrian accident lawyer, it increases your chances that your compensation claim will have a positive outcome. We take great pride in the work that we do, and are fully committed to making sure you have the best opportunity to return to normal life following your accident.
What Kinds Of Injuries Commonly Occur In Pedestrian Accidents In New York?
Pedestrian accidents are often quite serious, but the severity will depend on how fast the vehicle was going when the accident occurred. Other factors can impact the kinds of injuries that are sustained and the severity of the accident, including the victim’s general health, weight, and size, where the victim was struck, and the position and angle of the pedestrian.
An accident can sometimes leave just minor injuries. At other times, the injuries can be much more severe or even life-threatening. It is not always completely clear when a person has been seriously injured. That is why it is very important for anyone who is in a pedestrian accident to be checked by a health professional. Organ damage, internal bleeding, and concussions might not be obvious at all times, especially when an individual is full of adrenaline or in shock after the accident. The following are some of the most common injuries that are sustained in a pedestrian accident:
- Brain injury
- Loss of limbs
- Neck or spinal cord injuries
- Soft tissue dislocations or injuries
- Broken or fractured bones
- Death
Following a pedestrian accident, if possible, take phones of any injuries before they are treated. Get help from emergency services, and be sure to document everything that is told to you. You are legally entitled to seek compensation for your injuries, no matter how severe they are or what type. A Garden City pedestrian accident lawyer from Cellino Law can assist you with seeking compensation for the emotional distress and physical injuries that the accident has caused.
Time Limits On Pedestrian Injury Compensation Claims
If your claim is processed properly, it will have the best chance to be awarded full compensation. That means your claim needs to be filed properly and have sufficient evidence. According to the law, you have three years to file your pedestrian accident claim. That is for claims where somebody is found to be at fault. For a no-fault claim, the time limit is 30 days from the date that the accident occurred.
Call Cellino Law For Assistance From A Pedestrian Accident Lawyer In New York
It is critical for you to work with a reputable and experienced Garden City pedestrian accident lawyer to give you the best chance of your claim being successful. Cellino Law has a team of personal injury attorneys with extensive experience who will aggressively fight your case and work hard to make sure that your best interests are well-represented.
Call us at (888) 888-8888 today to begin the process of filing your compensation claim for a pedestrian accident in New York. We will work closely with you to ensure your claims process is free of stress, and take on the task of dealing with the defendant’s insurance company and attorneys so you can focus on recovery and rest.