The majority of individuals use the road on a daily basis. Given the sheer amount of time we allocate to driving, it’s easy to overlook its inherent dangers. Vehicular accidents are a daily occurrence, and they often catch us off guard. Frequently, vehicles impact with pedestrians, resulting in serious injuries.

Pedestrians injured in car accidents can sue negligent drivers for their injuries and costs. If you were hit by a car while walking you likely sustained serious injuries. Our pedestrian accident lawyers in Westchester, New York, help pedestrians who were hurt in car accidents obtain compensation. Contact the Law Office of Cesar Zuniga, Esq. for a free consultation with a lawyer. Call our office at (914) 677-1330 to talk to a qualified pedestrian accident attorney right away. 

Pedestrian Accidents & the New York No Fault Law

New York is different from many other states because it is a “no-fault” insurance state. This is in contrast to many states who require insureds to prove fault. In a no-fault system, like the one in New York, individual can obtain recovery from their own insurance companies without regard to fault or contributory negligence.  

Under New York law, you are covered by your own insurance, and you don’t have to prove that the other driver or insured was at fault. Most no-fault insurance policies, however, only cover basic financial losses, like medical expenses. The limit for basic economic losses is $50,000. Even though $50,000 might seem generous, your costs and damage could easily be over this amount. A serious accident could lead to expensive doctor visits, surgeries, medications, physical therapy, and other treatments.

If you can show that the accident left you with serious injuries, you might be able to sue the driver who hit you. Our pedestrian accident lawyers in Westchester, New York, know how to obtain recoveries for pedestrians seriously injured in an accident. 

Proving Liability in Pedestrian Accidents

The issue of liability is not necessarily examined right after a car accident with a pedestrian. As mentioned previously, New York is a no-fault insurance state. No one thinks about who is at fault or who is responsible until a pedestrian tries to file a lawsuit. Even then, the pedestrian must be able to show that they were seriously hurt in order to sue the driver for liability. But once the subject is brought up, a pedestrian could hold more than one person responsible for an accident. 

The driver of the car that hit the pedestrian would be the most obvious person to sue in a car accident. Drivers have responsibilities when they are behind the wheel. If this duty of safety isn’t met, a driver could be held responsible for an injured pedestrian. Most of the time, drivers get sued because they were negligent and careless. As a plaintiff, you would have to show that the driver owed you a legal duty of care, that they broke that duty, that the broken duty caused the accident, and that you really got hurt. 

But it’s not always the driver who hit you who is directly to blame for the accident. If another car hit the driver’s car from behind, causing the first car to hit you, you could sue either driver for causing the accident. Our pedestrian accident lawyers in Westchester, New York, have worked on a wide range of accident cases. Our team can help you determine what parties should be sued on your behalf. 

Time Limits for Filing a Pedestrian Accident Claim

If you want to sue for personal injury because of an accident, you have to do it before the deadline. A statute of limitations is a law that determines how long you have to file a lawsuit. Different kinds of lawsuits may have different deadlines, some of which are shorter and some of which are longer. 

After a car accident, you need to move quickly if you want to file a personal injury lawsuit. Our pedestrian accident lawyers in Westchester, New York, can help you get through the insurance and lawsuit processes quickly and easily. 

Call our Westchester Pedestrian Accident Lawyers

People who are hit by cars often get very hurt, especially if they are walking. If your injuries are worse than what most no-fault insurance policies will cover, our Westchester, New York pedestrian accident lawyers can help you get all of your costs covered. Call (914) 677-1330 to talk to a lawyer for free at the Law Office of Cesar Zuniga, Esq.

We also love serving all of the Yonkers community, including Alexander Smith, Bronxville Heights, Bryn Mawr, Centuck, Crestwood, Colonial Heights, Getty Square, Homefield, Lincoln Park, Ludlow, Nepera Park, Nepperhan, Park Hill and more.