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Grupo MedLegal® > Blog > New York > Making a Pedestrian Accident Claim in New York

Making a Pedestrian Accident Claim in New York

In the state of New York, especially in cities such as Manhattan where pedestrian traffic is extremely concentrated, numerous accidents take place; unfortunately, many of them are fatal. New York City alone is where 25% of pedestrian accidents resulting in the loss of human life occur, on the national level. In 36% of the cases, the primary motive cited in reports is a distracted driver. Most residents of New York don’t realize that the standard speed limit is 30 miles per hour. The Department of Transportation has accelerated its efforts to improve pedestrian safety in certain areas, implementing basic changes in reports that concentrate on the impact that innovative street design has on accident prevention.

What Should You Do if an Accident Occurs?

Although the relevant authorities do everything they can do, accidents happen. A traumatic event can occur at any minute, no matter how alert you are as a pedestrian. If you are the victim of an accident, here is what is recommended:

  1. Stay at the scene of the accident.
  2. Call 911 immediately and get medical attention if you need it, without worry about medical expenses. Your health is the most important thing.
  3. Exchange information with the driver of the vehicle or vehicles that caused the accident. There may be more than one vehicle responsible for the accident, although only one of them hit you.
  4. Take pictures that will help re-create the accident scene, including pictures of the vehicle(s) involved.
  5. Talk to witnesses and write down their information. Be very careful about giving information to them.

What Needs to Be Proved if You Are the Pedestrian Involved in an Accident?

One of the first questions after an accident happens is: whose was at fault? The law requires the pedestrian in this case to prove a certain degree of fault to sue the driver of the vehicle or vehicles involved in the accident. The most common factors are a distracted driver due to cell phone use; excessive speed; driving the vehicle under the influence of alcohol and/or drugs; the driver not yielding to the pedestrian; and common sense in times of rain or storms. It’s good to remember that many times both are at fault for accidents: the pedestrian and the driver. The law requires the pedestrian to use caution when crossing the street. The pedestrian must always cross on crosswalks and pay attention to the crosswalk signal. If the pedestrian simply crosses the street running from between two parked cars, in an area with low visibility, monetary compensation will be more difficult. Fortunately, a free consultation with Grupo MedLegal’s lawyers can serve to review your case and determine if you have legal right to compensation.

Categories for Which You Have the Right to Remuneration

If the driver of a vehicle is at least partially responsible, the law gives you the right to get reimbursement, among other things, for:

  1. Medical expenses – past, present, and future; provided they are related to the injuries resulting from the accident.
  2. Loss of salary – past, present, and future; if it is directly related to the accident.
  3. Pain and suffering.
  4. Loss of enjoyment of life.

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