When a negligent or reckless driver injures a pedestrian, the victim can sustain severe and life-altering injuries. In addition, when someone is hurt in this type of incident, they can have damages such as extensive medical bills, lost wages and time at work, and pain and suffering. Therefore, if you or a loved one have been injured in a pedestrian personal injury accident, it’s important to know: Who pays for pedestrian personal injury damages?
The Prevalence of Pedestrian Accidents
Unfortunately, pedestrian personal injury accidents occur frequently in New York. In fact, they are relatively common, especially in places such as New York City. For example, the New York Times recently reported that a taxi cab jumped the curb and injured two pedestrians and bicyclists in Manhattan’s Flatiron district. Sadly, this story is just one of many where a New Yorkers has been seriously injured due to a motor vehicle collision.
According to a recent report, New York City is in the midst of a pedestrian death crisis that is part of an overall national trend. In 2022, the Governors Highway Safety Association reported that US pedestrian fatalities had reached their highest level in 40 years.
New York State reportedly “had a 30-percent increase in pedestrian fatalities in the first six months of 2021 compared to 2020.” As of March 2022, 27 pedestrians had been killed on NYC streets. This figure was up from 26 during the same period in 2021. Last year, 115 pedestrians were killed, an increase from 87 in 2020.
Causes of These Types of Accidents
Often pedestrian collisions are attributable to motorists driving too fast or failing to operate their vehicles safely. However, these types of collisions can also be attributable to factors such as distracted driving, inclement weather, driving while intoxicated, and drowsy driving. These conditions can lead to serious accidents and victims sustaining severe injuries and emotional harm.
Drivers are expected to operate their vehicles safely. When someone is driving negligently or recklessly and harms a bystander, the victim can have severe injuries and expenses associated with their accident. In this situation, the responsible party should be held accountable.
Who Pays for Damages in a Pedestrian Accident?
Generally, if a negligent driver strikes a bystander, their car insurance will cover the injured party’s damages. However, the fact that the driver’s car insurance pays for some economic losses does not mean the driver will be considered to be at fault. In New York, when a pedestrian is struck by a motor vehicle, that person is automatically covered by No-Fault car insurance benefits.
No-fault insurance covers some economic harm such as medical expenses and lost wages. However, these victims’ damages can far exceed the no-fault policy minimums. If a victim suffers a serious injury, they may be able to file a negligence claim against the driver to recover additional damages. Under these circumstances, the law requires that the plaintiff be able to establish their serious injury and the driver’s negligence.
If you have been injured in an accident of this nature, it’s important to know that the law limits your time to pursue recovery for your damages. Therefore, you should contact an experienced pedestrian accident attorney as soon as possible to discuss your claim.
Contact an Experienced Car Accident Attorney
Pedestrian accidents can have significant consequences for injured people and their loved ones. If you or a loved one have been harmed in an accident, you should schedule a free consultation with the experienced attorneys at Bonina & Bonina, PC. Call us at 1888-MEDLAW1 or contact us online for a free consultation. We have experience helping clients with car accident personal injury cases, and we can explain your options and help you decide what actions you should take. At Bonina & Bonina, PC, we come to work daily believing that there should be equal justice for all. Se Habla Espaňol. Home and hospital visits are available.