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In New York, the average settlement for a pedestrian hit by a car is estimated at around $300,000. However, it's essential to recognize that this figure serves as a median value and that actual payouts can deviate depending on various factors.
More notably, we've secured the following pedestrian accident settlements:
Various elements, from the severity of injuries to the circumstances surrounding the accident, play a vital role in determining the final settlement amount.
The severity and type of injuries sustained in a pedestrian accident are pivotal in determining compensation. Serious injuries such as traumatic brain injuries or spinal cord damage do not only necessitate medical intervention—covering hospital stays, surgeries, and medication—but also lead to considerable long-term medical expenses.
Additionally, future medical expenses, such as ongoing treatments, rehabilitation, and therapy, play a significant role. Compensation may also account for the impact of injuries on earning potential and quality of life.
Additional reading: average settlement for traumatic brain injuries in New York
In cases where the fault is clearly attributed to one party, liability for damages and injuries rests with them, impacting the compensation awarded to the affected pedestrians. The process involves a careful assessment of the actions and responsibilities of all involved parties to establish who is at fault. This determination is essential as it directly influences the outcome of compensation payouts.
Drivers and pedestrians may have insurance coverage that could contribute to compensation. However, coverage amounts or policy term limitations can affect the final compensation received.
Whether it's a pedestrian accident, car accident, or any other type of personal injury situation involving a vehicle, New York law mandates that every driver must hold at least $50,000 in no-fault liability coverage.
Compensation in pedestrian accident cases often encompasses both economic and non-economic damages:
Here's a comprehensive guide outlining the steps pedestrians should follow after being hit by a car in New York:
If you've been injured in a pedestrian accident in New York, don't hesitate to reach out to us for expert legal assistance. Our team of experienced attorneys is here to guide you through the process and fight for the compensation you deserve. Contact us today for a free consultation.
Here's what Gilberto Hernandez had to say about us:
"They worked tirelessly until my case was settled and got me the amount that I deserved. I was always well informed of how my case was doing. Highly recommended!"
New York law provides clear guidelines to protect pedestrians and ensure their safety on the road:
The state's "no-fault" insurance system covers pedestrians injured in accidents in New York, saying that regardless of who is at fault for the accident, the other driver's no-fault insurance policy covers certain economic damages. Specifically, the no-fault insurance covers up to $50,000 in economic damages, including medical expenses, lost wages, and other related costs, provided the injuries meet the criteria outlined in the policy.
Under the no-fault insurance system, pedestrians injured in accidents do not need to establish fault to receive compensation for their economic damages. Instead, they can file a claim with the other driver's insurance company, and if the injuries are deemed eligible under the policy, the insurance company will reimburse the pedestrian for their covered expenses up to the policy limit of $50,000.
While the no-fault insurance system covers economic damages, it does not include compensation for non-economic damages such as pain and suffering. Pedestrians looking to obtain compensation for non-economic or economic damages that exceed the policy limit may need to engage in further legal action, including pursuing a personal injury settlement or filing a lawsuit against the party at fault.
Under the comparative fault rule, each party involved in the accident is assigned a percentage of fault based on their actions leading up to the incident. This means that even if a pedestrian is partially responsible for the accident, they may still be eligible to receive compensation. However, the amount awarded could be reduced proportionally to their degree of fault.
For instance, consider a scenario where a pedestrian crosses the street outside of a designated crosswalk and is struck by a speeding vehicle. While the driver bears most of the fault for speeding, the pedestrian's jaywalking may have contributed to the accident. In such cases, a percentage of fault may be attributed to both the injured pedestrian and the driver.
The court determined that the pedestrian was 20% at fault for the accident due to jaywalking, while the driver was 80% at fault for speeding. If the total compensation awarded for the pedestrian's injuries and damages is $100,000, the pedestrian's recovery would be reduced by their percentage of fault. Therefore, the pedestrian would receive $80,000 (80% of the total compensation) after factoring in their 20% comparative fault.
Seeking legal representation might not be the first thing on your mind. However, considering the potential complexities of such cases and the significant impact they can have on your life, hiring our team is crucial.
Pedestrian accidents involving vehicles are distressingly prevalent in New York, with statistics revealing a significant toll on lives and well-being. Alarmingly, more than 25% of all traffic fatalities in New York involve pedestrians. Each year, over 300 pedestrians lose their lives in such accidents, while over 15,000 sustain injuries and more than 3,000 require hospitalization.
Factors such as the severity of injuries, medical bills, lost wages, and non-economic damages like pain and suffering play pivotal roles in determining compensation.If you've been involved in an accident in New York, consulting with an experienced New York pedestrian accident lawyer can provide invaluable guidance and advocacy to help secure the compensation you deserve.
Experiencing the effects of a pedestrian accident can be overwhelming, especially when dealing with insurance adjusters and legal procedures. That's why our experienced attorneys are here to help you every step of the way. From calculating damages to negotiating with insurers and litigating complex cases, we are committed to fighting for your rights and maximizing your compensation.
If you wish to schedule a free consultation, contact us today at +1-800-535-5029.
The Law Office Of Ajlouny Injury Law serves New York City, Queens, Brooklyn, Bronx, Manhattan, Long Island, Nassau County, and Suffolk County.
Disclaimer: The information provided on our website is attorney advertising not legal advice nor a lawyer/client relationship.