Any accident involving a motor vehicle and a person on foot can result in serious injuries, and in the worst instances, could prove to be fatal. If you or someone you love has been hit by a car while walking in Glen Oaks, you may be entitled to seek compensation for your injuries.
The Glen Oaks personal injury attorneys at the Law Office of Cohen & Jaffe have more than a century of collective experience handling pedestrian accident claims. When you are represented by Cohen & Jaffe, you will work directly with law partners Richard Jaffe and Stephen Cohen. As a trained EMT, partner Richard Jaffe has a thorough understanding of serious and traumatic injuries.
The attorneys at the Law Office Cohen and Jaffe has secured millions of dollars in verdicts and settlements on behalf of accident victims in the five boroughs of New York City, Long Island, and Westchester County.
Common Causes of Pedestrian Accidents in Glen Oaks
Pedestrian accidents have multiple causes:
- Inattentive drivers are a common cause of pedestrian accidents. Drivers who talk or text on their cell phones, fix their hair, groom themselves, fiddle with the radio or take their focus off the road, often fail to see a pedestrian crossing an intersection or walking beside a road.
- Sun glare is another common cause of car-pedestrian accidents. Motorists driving into intense sun glare sometimes cannot see pedestrians in the road in front of them. This can cause a driver to strike a pedestrian, even if the pedestrian is in the crosswalk. Pedestrian collisions also occur in poorly lit areas, or when poor weather conditions affect visibility.
- Fatigued drivers have reduced alertness and may be slow to make quick decisions to avoid a pedestrian accident. A fatigued driver may fall asleep at the wheel, causing a hazard to pedestrians and other motorists.
- Drivers who speed down residential streets or run traffic lights may cause pedestrian accidents. The faster a driver is going, the less time the driver has to react to a person on foot in the road and avoid a collision.
If you were a pedestrian hit by a car, you should contact a Glen Oaks pedestrian accident attorney as soon as possible to discuss your legal options and what compensation may be available.
What To Do If You Were Involved In A Pedestrian Automobile Accident
If you were a pedestrian who was been hit by a car, you should immediately call 911, or ask someone to call for you.
Wait for the police and other first responders to arrive on site.
Once the police arrive, answer their questions about the accident. If you are able, you should take photographs of the location where the accident occurred, as well as the vehicles that were involved.
While waiting for the police to arrive, don’t discuss the accident with others involved in the accident, apart from exchanging information for insurance purposes. Anything you say could be taken as an admission of fault if a lawsuit later arises.
Serious injuries require immediate transport to the hospital. If the EMTs suggest that you need to receive emergency medical care, you should allow them to transport you to a hospital. If an ambulance has not arrived, you should ask someone to drive you to the nearest emergency room or immediate care facility.
Whether or not you require emergency medical care, it is important to be evaluated by a medical professional as soon as possible. Pedestrian injuries such as internal bleeding and head trauma may not be readily apparent. If you delay seeking medical treatment, the insurance company for the at-fault party might argue that you were not seriously injured in the accident and deny your claim for pedestrian injuries.
Once the situation stabilizes, you should speak to a pedestrian injury accident lawyer as soon as possible to learn about your legal options.
If you were a pedestrian who was struck by a vehicle and we handle your case, our pedestrian accident attorneys can help you with day-to-day issues such as finding doctors, fixing or replacing your vehicle, and dealing with persistent insurance adjusters.
An experienced Glen Oaks personal injury attorney will explain your rights after a serious injury, allowing you to make educated decisions.
Does My Insurance Cover Me If I Get Hit by A Car in Glen Oaks?
If you have health insurance through your employer, or you pay for your health insurance on your own. your health coverage will pay for the initial medical treatment you receive. It is important to receive treatment.
New York requires automobile owners to have no fault insurance to cover certain expenses related to accident. If you have no fault insurance on your auto when you were injured in a pedestrian accident, the personal injury protection (PIP) portion of your car insurance policy should cover your medical expenses and lost earnings related to the pedestrian accident, up to the limits of your policy.
Hit-and-run drivers often are involved in pedestrian accidents. If the driver who hit you did not have insurance or was a hit-and-run driver and was not identified, then the uninsured motorist coverage in your auto insurance should pay for your injuries.
If a motorist caused your pedestrian accident injuries and your expenses exceed the limits of your PIP insurance policy, you may need to file a claim against the at-fault driver’s insurance and seek to recover compensation through a pedestrian accident claim.
As an injured pedestrian, you can seek compensation for medical and rehabilitation expenses, pain and suffering, and lost pay from the company that insured the vehicle that caused your injuries. For example, if the vehicle had $25,000 in liability coverage, you can recover up to that amount from the insurance company.
The amount of money recoverable depends upon the scope of your injuries and the negotiation and litigation skills of your Glen Oaks pedestrian accident lawyer. Our Long Island accident attorneys can help you evaluate your options.
What Is the Pedestrian Right of Way Law?
Under New York, a pedestrian has the right-of-way if the pedestrian is in a crosswalk, and there are no traffic signals present. Otherwise, the pedestrian is obligated to obey all traffic signals.
A pedestrian is not allowed to suddenly step off the curb into traffic or walk into the path of an oncoming vehicle that is too close to allow the vehicle to stop in time.
A pedestrian must yield to a motor vehicle where a pedestrian tunnel or overpass has been provided.
New York State also requires all drivers to exercise due care with respect to pedestrians to avoid a collision with them, even if the vehicle has the right of way.
How Is Liability Determined in New York?
A pedestrian who is hit by a car in New York may seek to recover compensation for his or her injuries, even if the pedestrian was partially responsible for what happened. The pedestrian’s recovery is reduced by their own percentage of fault.
For example, if a court awards damages of $100,000 in a pedestrian accident and finds that the injured pedestrian was 20% at fault in an accident, the pedestrian’s financial recovery would be reduced to $80,000.
Can I Make A Claim Against the Local Municipality?
In some instances, the local city or town may have liability for a pedestrian accident. For example, if the town fails to repair a broken traffic light that caused the accident, it may be possible to bring a claim against the municipality for failing to repair the light.
If you suspect that the local municipality played a part in a car-pedestrian accident, speak to an attorney about your case as soon as possible. Taking legal action against a governmental agency in New York involves special notification requirements with short deadlines. You should contact an attorney immediately to discuss your options.
Call Cohen & Jaffe After Any Pedestrian Accident in Glen Oaks
If you were involved in a car-pedestrian accident in Glen Oaks, the attorneys at the Cohen & Jaffe pedestrian accident law firm are here for you. At the negotiation table or in court, our team of experienced professionals knows how to present a persuasive case for pedestrian injury compensation on your behalf. Check out our client testimonials page for more about our track record for aggressive, effective, and compassionate legal representation.
We respond to all calls to our office within 24 hours. Our clients receive Richard Jaffe’s cellphone number for 24/7 accessibility. To learn more about Cohen and Jaffe’s core principles, which include accessibility and affordability, please review our letter to prospective clients.
For a free legal consultation with a pedestrian accidents lawyer serving Glen Oaks, call 516-358-6900