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Pedestrian Accident Lawyers Near Me | Personal Injury Attorneys
Pedestrian Accident Lawyers | Legal Help for People Hit by a Car
If you or a loved one has been hit by a car while a pedestrian, hit by a truck while a pedestrian or hit by a motorcycle while a pedestrian, the aftermath can be overwhelming, from serious physical injuries to emotional trauma and financial strain. At LaMarche Safranko Law, our experienced pedestrian accident lawyers are dedicated to helping injured individuals across Upstate New York recover the compensation they deserve.
Being hit by a vehicle often leads to severe injuries, including broken bones, spinal cord injuries, traumatic brain injuries, and internal trauma. Recovery may require extensive medical care, time away from work, and long-term rehabilitation. Our personal injury attorneys understand the devastating impact these accidents have on victims and their families and are committed to guiding you through the legal process with care and determination.
Pedestrian Accident Lawyers & Attorneys Near Me
At LaMarche Safranko Law, we have extensive experience representing pedestrians injured in accidents
throughout Albany, Clifton Park, Saratoga Springs, Lake George, and across Upstate New York. We thoroughly investigate every case, working to determine fault, collect evidence, and hold negligent drivers accountable.
Insurance companies often attempt to downplay claims or place blame on the pedestrian, but our experienced legal team knows how to stand up to these tactics. We are committed to pursuing full compensation for your medical bills, lost income, and pain and suffering. At LaMarche Safranko Law, we successfully secured a settlement exceeding one million dollars for a pedestrian who was struck by a car while in a crosswalk.
If you or a loved one has been a pedestrian hit and injured by a car, contact LaMarche Safranko Law today. Our experienced pedestrian accident attorneys will review your case, explain your legal options, and help you secure the justice and compensation you deserve.
FAQs about Pedestrian Accident Cases
Many personal injury cases settle before having to go to court. However, in some cases an agreement cannot be reached as to who is responsible for the crash or what the fair value is of the injured person’s claim. In those instances, a trial by jury is needed. Ultimately, it is always up to the client to decide to settle if there is a settlement offer or proceed to trial.
A driver is still required to use reasonable care to avoid hitting a pedestrian even if a pedestrian was not in a crosswalk. Even if you are not in the crosswalk, you may still bring a claim against the motorist who struck you. However, your own level of fault can be a factor in determining the amount of compensation you may receive for your injuries, pain and suffering and lost earnings.
If there are no traffic-control signals to direct a pedestrian about when to walk, the driver of a vehicle must yield the right of way to a pedestrian in a crosswalk by slowing down or stopping. If a motorist fails to yield the right of way to a pedestrian as required by law, and strikes the pedestrian, the driver is responsible for the injuries suffered by the pedestrian. However, it is important to note that a pedestrian cannot suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield to the pedestrian.
Yes. Even if the driver of the car that hit you was not ticketed by the police, a claim can still be pursued against the driver if the driver was at fault in causing the accident.
You are not required to bring anything to the first meeting you have with your personal injury lawyer. However, certain things may be helpful for the meeting. These include:
- photos of your injuries
- photos of the vehicles involved
- photos of the accident scene
- medical records
- the police accident report
- names of any witnesses
- a copy of your own automobile insurance policy and any automobile insurance policy for any relative you reside with
- Last 2 years tax returns if you expect to be out of work
It will cost nothing for you to hire a personal injury lawyer because these cases are handled on a “contingency fee” basis which means a lawyer will only receive a fee if the lawyer successfully resolves your case by a verdict at a trial or by settlement. New York state limits the contingency fee lawyers can charge to one-third of the total settlement or verdict.
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If you have suffered serious injuries as a result of being hit by a vehicle, it is in your best interests to speak to a personal injury lawyer who has handled and is experienced with pedestrian injury cases. Before choosing a lawyer, make sure the lawyer is willing to listen to you and answer your questions. The best lawyers will guide you through the legal process and will work hard to obtain the most money for you.
No. The insurance company for the driver who hit you is trying to protect their driver, find a reason to blame you for the accident, and limit the amount of money they may have to pay you for your injuries. You should speak to a lawyer before giving any statement to an insurance company for the party responsible for the accident. If an insurance adjuster calls you, get the claim number and the phone number for the insurance agent and pass that information along to your lawyer.
In most cases, you have 3 years from the date of the accident to pursue a claim against the driver/owner of the vehicle that hit you. If a death resulted from the accident, the statute of limitations is 2 years for a wrongful death claim. Additionally, the time limit can be as short as 90 days to file a notice of claim if you are pursuing a claim against a town, city, village or the state or a transit authority such as the Capital District Transit Authority (CDTA).
Yes. In New York, in order to receive money for your pain and suffering you must have suffered a “serious injury”. To learn about what NY deems a “serious injury” click here.
There are a few different options to assist you if you are out of work after being struck by a vehicle. First, you are entitled to seek no-fault coverage through the driver’s auto insurance carrier. The no-fault carrier will pay a portion of your lost earnings. A no-fault claim must be filed within 30 days of the accident. If the motorist who hit you has no insurance, you can turn to your own policy to submit a claim. If neither you nor anyone in your household has insurance, a claim can be submitted to the Motor Vehicle Accident Indemnification Corporation (MVAIC). Depending how long you are out of work, you may consider applying for New York State disability insurance. Finally, a personal injury lawyer can pursue a claim for you for any expenses that no-fault does not pay for, as well as your pain and suffering against the driver who hit you, any other party that may have caused the accident, and in some instances, against your own automobile insurance policy if you have suffered a serious injury.
If you were hit by a vehicle, the automobile insurance company of the driver who hit you is responsible for paying your medical expenses. In New York State, the No-Fault law allows for payments for medical bills, a portion of lost earnings and reasonable expenses up to $50,000. Any medical provider you see should be informed that you were injured by a vehicle and the driver’s insurance information should be provided to your medical providers. It is important that your private insurance company does not pay for any of your medical expenses as it the responsibility of the automobile insurance to pay for these medical expenses up the first $50,000.
If a driver drives distracted, speeds or is negligent in any other way, and strikes a pedestrian, a personal injury lawyer can bring a claim on your behalf. The lawyer must show that the driver did not operate his vehicle safely, and that as a result, he caused you to suffer an injury. In a standard negligence case, the law requires the injured party to prove that the driver breached a duty of reasonable care to the pedestrian, and caused the pedestrian injuries.
