There were 294,757 total crashes in New York during 2012, this includes
fatal crashes, non-fatal injury crashes, and property damage crashes.
15,832 of those crashes were pedestrian hit by
motor vehicle crashes. Of the 251,000 crashes that were reported to the police during that same
year, over 10,000 involved serious personal injuries, another 17,465 crashes
led to moderate injuries.
Experienced Newburgh pedestrian car accident attorneys know that resolving these accidents financially and legally has been made
easier and quicker due to
New York’s No-Fault Law; insurance companies pay out on claims mostly without having to result
to civil litigation. However, pain and suffering is not covered by the
As you see from the statistics above, many
New York motorists suffer serious and moderate injuries in motor vehicle crashes that would
logically cause pain and suffering. Pedestrians seeking to recover for
that pain and suffering requires suing the offending driver.
Remember that the motorist will be represented by his or her insurance
company and their respective legal counsel. You should never talk to the
company without the assistance of your own attorney. If the pedestrian
suffered broken bones or a loss of limb, then the injury is deemed ‘serious’,
and the No-Fault law will not preclude civil recovery. Other injuries
qualify as ‘serious’ too. Additionally, injuries that cost
the victim more than $50,000 are beyond the scope of the No-Fault law.
negligent motorist is held to a three year statute of limitations. Therefore, the injured
pedestrian has only three years from the date of the accident to commence
civil litigation. Waiting until the last minute is not recommended. As
time passes, memory fades. Evidence becomes harder to gather and is often
lost as more time goes by.
Moreover, the longer it takes for a pedestrian to receive compensation,
the longer it will take the victim to get back to life as it were before
the accident. It also takes time for the attorney to collect medical records,
evidence, and expert opinions that will help support the injured pedestrian’s claims.
Also remember that motorists owe pedestrians a duty of care to not cause
preventable and foreseeable harm. They must drive responsibly and prudently
given the circumstances at the time. Failing at this duty, pedestrians
have the right to hold the offending motorist responsible for all the
pain and suffering that which was endured.
Are you interested in learning more about car accidents involving pedestrians?
Find out more inour latest article available by clicking on the link here. Learn more about some of the factors that contribute to causing car accidents
involving pedestrians in
our blog post available by clicking here. Also, learn more about what happens if you are struck inside of a crosswalk
in our blog post available here. But learn what happens when you are struckoutside of the cross
in our blog post available here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.