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It is a driver’s responsibility to pay attention to the road and the surroundings, but unfortunately this doesn’t always happen. In New York State, it is very common for a pedestrian to get hit by a vehicle.
If You are a Pedestrian Who Has Been Knocked Down in an Accident, It’s Good to Know…
1. There has been an increase of pedestrian knockdown cases due to a rise of the use cell phones and texting while driving. People who text, email or talk on the phone while driving are often distracted, making it easier for them to get into accidents.
Other causes of pedestrian knockdown accidents include:
* Drivers who speed and are reckless
*Improperly placed mirrors on buses
*Drivers who do not yield the right of way to pedestrians
*Drivers who ignore stop signs and traffic lights
*Drivers who do not look carefully when making a turn into a crosswalk
*Drivers who are under the influence of drugs or alcohol
2. If you sustain injuries after being hit by a car, you can use the New York State No-Fault law to obtain insurance coverage for your accident-related expenses. Under the No-Fault law, a pedestrian who has been injured must fill out certain forms and give over details of the accident and their injuries to a No-Fault insurance company within 30 days of the accident.
New York State also has a Car Accident Law which states that the pedestrian must prove four factors to be eligible for compensation from the driver of the car that caused the accident. These four factors are: duty, breach, causation, and harm. Duty is the legal obligation of drivers to follow traffic laws and operate vehicles in a safe manner. Breach of duty means proving that the driver of the vehicle that caused the accident went against the responsibilities of his duty. Under causation, the pedestrian who was knocked down needs to establish a connection between their injuries and the actions of the driver. The injuries constitute the harm.
3. There are several key factors that may influence the amount of monetary compensation you receive for your case. Some of these factors are:
*How serious your injuries are, and their impact on your daily life
*The type of medical treatment and the length of time for which you receive
*How much time you have missed at work, and the amount of wages you lost
*The impact your injuries will have on your ability to earn a living in the
*The establishment of clear fault for the accident
If you were a pedestrian who was hit and injured by a car, truck or bus, you may be entitled to monetary compensation for your physical pain and emotional suffering. Sometimes the injuries sustained from these accidents are so serious that a person can end up in the hospital for an extended amount of time, or is homebound because they can’t move. If this is your situation, don’t worry. We can help you. We can come to you in the hospital or at home to learn more about your accident and the injuries you sustained. Please call the experienced attorneys at The Law Offices of Jason B. Kessler at 914-220-1088 for a free evaluation of your case.