Pedestrians are extremely vulnerable when involved in an accident with a vehicle. The injuries suffered in these accidents may permanently alter the course of their life, though they occurred because of another person’s negligence.
But how do pedestrian rights protect you in these situations? Accidents continue to happen despite the safety measures in place to protect pedestrians.
If you suffered injuries in a pedestrian accident due to a driver’s negligence, these rights preserve your ability to pursue compensation. You may be facing debilitating injuries and an inability to work and deserve financial support as you recover. Learn about pedestrian accidents and how to prevail on a claim.
NYC Pedestrian Rights
If you were a pedestrian hit by a car, What are my rights? may be the first question that comes to mind after the dust settles. Many pedestrians involved in these accidents suffer from catastrophic harm, including traumatic brain injuries, broken bones, spinal injuries, and internal bleeding. For most, it’s impossible to work as you recover, yet the cost of your medical treatment continues to accrue.
Understanding pedestrian rights is key to succeeding on any claim to recover compensation for your injuries so you can focus on your recovery. Pedestrian right of way laws require proof of a driver’s negligence to prevail on a claim for damages. A successful negligence claim proves the existence of four elements:
- Duty. The driver owed the pedestrian a duty of care. By law, motorists have an increased duty of care in protecting pedestrians from harm, including stopping at all signals and signs and adhering to the rules of the road.
- Breach. A breach occurs when a driver fails to uphold the duty of care established by law. Examples include running a stop sign and hitting a pedestrian in the crosswalk or breaking other laws, such as driving under the influence of alcohol or drugs.
- Causation. The driver’s breach must have caused the pedestrian’s injury.
- Damages. A pedestrian must have suffered damages due to the driver’s breach, including medical expenses, pain and suffering, lost wages, etc.
Proving all elements of a negligence claim is essential to prevailing on a claim for damages from the driver that caused your injuries. Speak with a qualified pedestrian accident attorney to learn more about your options and how they can help you get financial compensation.
What Can I Recover?
NYC pedestrian rights permit victims injured in these pedestrian accidents to recover compensatory damages divided into two categories: economic and noneconomic. Economic damages are the financial losses stemming directly from the accident. Examples of economic damages include:
- Medical expenses,
- Lost wages,
- Loss of future earnings, and
- Property damage.
Using receipts, invoices, medical bills, and other similar documentation, your attorney calculates the value of these losses to demand financial relief from the driver who hit you.
Noneconomic damages are intangible losses and suffering caused by your accident. Common examples include:
- Pain and suffering,
- Emotional distress,
- Loss of consortium,
- Loss of enjoyment of life,
- Permanent injury or disability, and
- Disfigurement.
The impact of these losses on a victim’s way of life varies from person to person, and calculating their value is challenging without the help of a qualified attorney. Your attorney protects your pedestrian rights so you recover the complete value of your losses, including the value of an injury permanently affecting your daily life.
Contact Us
At Glugeth & Pierguidi, P.C., we are driven by getting results for our clients. With over $100 million recovered in settlements and judgments, our legal team works tirelessly to bring you the compensation you need and deserve. We understand how unexpected and life-changing accidents can be. When these accidents result from someone else’s negligence, you deserve justice.
Our attorneys know that an accident impacts not only the victim but also their friends and family. We help you get answers to all your questions and carefully listen to your story to prepare a successful strategy for negotiating and litigating on your behalf.
We aim to achieve fairness, justice, and the maximum compensation you deserve for your losses. Contact us today by phone or email for a free consultation and learn more about how the attorneys at Glugeth & Pierguidi, P.C., can help you.
David Pierguidi and Jared Glugeth understand how hard it may be for you and your family following an accident resulting from someone’s negligent actions. Get the medical treatment you need right away and then call our law firm at any time of day for answers to your questions.
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