If you get hit by a car while walking in New York, it can cause serious problems for your health, emotions, and wallet. Figuring out who is responsible for paying the bills is really important after such a tough event.
In New York, the legal concept of “no-fault” insurance plays a significant role in addressing medical expenses after a pedestrian-car collision. New York’s no-fault system ensures that individuals injured in motor vehicle accidents, including pedestrians, can seek compensation for medical bills and certain other losses from their own insurance provider, regardless of who was at fault in the accident. This system aims to expedite the payment of medical expenses and alleviate the burden on the injured party.
But, this no-fault coverage might not cover everything, especially if the injuries are really bad or the medical bills are more than the coverage. If the injuries are considered “serious” under New York law, the person who got hurt can file a personal injury lawsuit against the person who caused the accident. This lawsuit can ask for money to cover medical bills, pain and suffering, and other damages.
Finding out who is to blame is key in figuring out who pays for a pedestrian’s medical bills. If the driver was careless and caused the accident by things like distracted driving, speeding, not giving the right of way, or driving under the influence, they might be held responsible for the pedestrian’s injuries and costs.
Also, if the person walking was a bit at fault for the accident, New York follows a “comparative negligence” system. This means the person walking can ask for compensation based on how much the other person is to blame. But, if the person walking is more than 50% at fault, they might not be able to get any money.
After a pedestrian-car crash, getting legal advice is really important. A personal injury attorney, someone who knows the laws, can help sort things out. They can check if there’s a good reason to file a personal injury claim, guide the injured person through the process, and gather evidence like witness statements, videos, and medical records to build a strong case.
The attorney can also talk to the insurance companies on behalf of the injured person, making sure they get a fair amount of money that covers medical costs, lost wages, and other damages. If it comes down to it, the attorney can help with a lawsuit, dealing with court procedures, presenting evidence, and fighting for the rights of the injured person.
Getting hit by a car as a pedestrian in New York can lead to a tough process of figuring out who should pay for medical bills. Even though the no-fault insurance helps, if the injuries are severe, there might be a need for more legal action. Getting help from a personal injury attorney is crucial to understand the choices, get fair compensation, and make sure the financial fallout of a pedestrian-car crash is taken care of properly.
Streets of Concern: Common Causes of Pedestrian Accidents in New York
In busy city areas like New York, pedestrian accidents happen for a number of reasons. Here’s a breakdown:
- Alcohol-Impaired Drivers: Almost half of the serious pedestrian accidents involve drivers who’ve been drinking. When drivers are impaired by alcohol, it makes the roads riskier for people walking.
- Nighttime Dangers: A significant 75% of pedestrian accidents resulting in fatalities occur at night when it’s harder to see. If people are walking on the streets or crossing without using designated crosswalks after dark, the risks go up.
- Left-Turning Cars: Pedestrians are three times more likely to get hit by cars turning left compared to those turning right. This happens because drivers making left turns are usually looking at oncoming traffic, while pedestrians may be looking straight ahead, creating a situation where they could collide. It’s important for both pedestrians and drivers to be extra cautious, especially in busy urban settings.
In simple terms, when it comes to accidents involving pedestrians, someone is usually at fault—either the driver, the pedestrian, or both. Drivers can be responsible for a pedestrian accident if they do things like driving too fast or recklessly, not giving the right of way, driving under the influence, being distracted while driving, or not following traffic signals. These actions increase the chances of an accident happening, and understanding them is essential for promoting safety on the road.
On the other hand, pedestrians can also contribute to accidents if they do the following:
- Walk in areas where walking is not allowed or outside of marked crosswalks,
- Are intoxicated while walking,
- Don’t use the sidewalk.
It’s important to note that, no matter how the accident happens, pedestrians can suffer serious injuries because they don’t have the protection that drivers do. As a pedestrian, it’s crucial to know your rights and responsibilities in New York to reduce the risk of accidents. However, it’s also essential to remember that you can’t control how drivers behave on the road.
The Claims Process for Pedestrians Hit by Cars in New York
Pursuant to New York’s ‘no-fault’ law, no matter who caused the accident, your own insurance will pay for medical bills. This applies even if you were a pedestrian and not in a car during the accident. If you don’t own a car in New York but have a family member who does, you can still use their car insurance to cover your medical bills. And if that’s not an option either, the insurance of the driver who hit you should take care of your medical expenses.
If you’re facing medical bills after being hit by a car, using your health insurance is an option. If the driver is found responsible, you have the right to be reimbursed for what your health insurance paid. After considering these options and if you’re still dealing with financial issues, you can sue the driver for damages. This includes current and future medical costs, lost wages, future loss of income, funeral expenses, pain and suffering, scarring, mental distress, and loss of enjoyment of life. However, if you’re at fault and have used up your PIP and health insurance, you’ll need to cover the remaining expenses yourself. In the case of a hit and run, you’d still use your own insurance.
If the accident was your fault, and you’ve used up all your PIP and health insurance benefits, you’ll have to pay the remaining expenses from your own pocket. In the unfortunate event of a hit and run, you’d still need to rely on your own PIP and health.
If you don’t have either insurance or health coverage, you might be eligible to receive benefits from the New York Motor Vehicle Accident Indemnification Corporation. It’s a state-funded program designed to help accident victims to a certain extent when they are injured in an accident that wasn’t their fault.
Getting compensation for medical bills after an accident in New York is crucial, especially considering the risks pedestrians face on the roads. Colliding with a heavy vehicle can result in various injuries, leading to physical and emotional distress, along with substantial medical expenses. To navigate this challenging situation, reach out to the personal injury attorneys at Mesadieu Law Firm.
After calling 911 for immediate help, the next step is to get in touch with us at 844-3-RIGHT-BY-YOU (844-374-4482) or fill out our case evaluation form today. We’re deeply committed to holding accountable those drivers who cause harm to our fellow New Yorkers. Our promise is to fully support you, working to achieve justice for both you and your loved ones.
Make us your reliable legal advocates. Our dedicated and compassionate team of lawyers at Mesadieu Law Firm stand ready to help you. We’ll Stand Right By You. We’ll Do Right By You.