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April 19, 2024 | Car Accidents

Average Payout for a Pedestrian Hit by Car in New York

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:

  • $850,000: A female with numerous prior conditions was struck while in a store by a hand truck and required cervical fusion surgery.
  • $600,000: Our client, a pedestrian, in his early 20s, was crossing the crosswalk with the green light, when he was struck by the defendant who failed to stop at the red light, sustaining serious life-changing injuries. 
  • $560,000: Our client was crossing the street when hit by the defendant, and subsequently required neck surgery. Defendant denied making contact and/or hitting our client.

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Factors affecting your pedestrian accident compensation

Various elements, from the severity of injuries to the circumstances surrounding the accident, play a vital role in determining the final settlement amount.

Severity of injuries

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

Fault and liability

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.

Insurance coverage

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.

Economic and non-economic damages

Compensation in pedestrian accident cases often encompasses both economic and non-economic damages:

  • Economic damages refer to tangible costs, such as medical expenses, lost wages, and property damage.
  • Non-economic damages are intangible costs, including pain and suffering, emotional distress, and loss of consortium. 

Steps to follow after being hit by a car in New York

Here's a comprehensive guide outlining the steps pedestrians should follow after being hit by a car in New York:

  1. The first and most important step is to prioritize your health and safety. If you've been injured in the accident, seek medical attention immediately. Even if you feel fine initially, some injuries may not manifest symptoms until later.
  2. Contact emergency services to report the accident and request medical assistance if needed. 
  3. If you can do so, gather evidence from the accident scene. Take photos or videos of the vehicles involved, your injuries, and any other relevant details, such as road conditions and traffic signals. Collect contact information from any witnesses present.
  4. Exchange contact and insurance information with the driver(s) involved in the accident. Note down the license plate number, driver's license information, and insurance details. Avoid discussing fault or admitting guilt at the scene.
  5. In New York, it's essential to report the accident to the police as soon as possible, especially if there are injuries or significant property damage. Obtain a copy of the police report for your records.
  6. Inform your insurance company about the accident promptly. Provide them with accurate details and cooperate with any investigations they may conduct.
  7. Consider seeking legal representation from an experienced pedestrian accident attorney. A lawyer can help protect your rights, navigate the legal process, and maximize your chances of receiving fair compensation for your injuries and damages.

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!"

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Your rights under NY pedestrian laws

New York law provides clear guidelines to protect pedestrians and ensure their safety on the road:

  1. Right of Way in Crosswalks: Pedestrians have the right of way when crossing the street within marked crosswalks. Even at intersections without marked crosswalks, pedestrians still have the right of way. This means motorists must yield to people crossing the street, regardless of whether the crosswalk is designated.
  2. Intersections: Crosswalks may be marked with lines or remain unmarked. Regardless of markings, pedestrians always have the right of way when crossing intersections. Motorists must yield to pedestrians when turning or entering the intersection from side streets.
  3. Exiting Parking Lots: Pedestrians also have the right of way when walking across driveways or exits from parking lots or structures. Motorists must yield to pedestrians crossing these areas and exercise caution to ensure their safety.
  4. Following Road Rules: While pedestrians have certain rights on the road, they are also expected to follow specific rules to ensure their safety and the safety of others. According to New York law, pedestrians should not step off a curb when it is "impractical for the driver to yield." This means pedestrians should exercise caution and wait for a safe opportunity to cross the street, especially in busy or high-traffic areas.

How no-fault insurance works for pedestrians in New York

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.

How the comparative fault rule affects your compensation

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.

Why you should consider a lawyer after a pedestrian accident in NY

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.

  1. Specialized knowledge: We have in-depth knowledge and experience in handling cases specific to pedestrian-related injuries. Our expertise allows them to navigate the legal complexities of such cases effectively.
  2. Maximum settlement for a pedestrian accident: We will assess the full extent of your injuries and losses, ensuring you receive the maximum compensation you deserve. We understand how to calculate damages accurately, including economic and non-economic losses.
  3. Communicating and negotiating with insurance companies on your behalf. Allow us to do all the heavy lifting with the insurers so you can focus on your recovery and getting your life back on track. We ensure that your rights are protected and that insurers seeking to minimize payouts do not take advantage of you.
  4. Litigation: When negotiations fail to reach a fair settlement, we're prepared to litigate and represent you in court. Our firm has the resources and skills to build a strong case, gather evidence, and present compelling arguments to secure the compensation you deserve.
  5. Complete guidance: Legal procedures following a pedestrian accident can be overwhelming for individuals unfamiliar with the law. We will guide you through each step of the legal process, from filing paperwork to representing you in court if necessary, alleviating stress and uncertainty.
  6. Contingency fee basis: We only get paid if we secure compensation for you. This arrangement allows you to access legal representation without worrying about upfront costs.
  7. Peace of mind: By entrusting your case to our trustworthy law firm, you gain peace of mind knowing that a dedicated professional is advocating for your rights and best interests. This allows you to focus on your recovery without the added stress of legal matters.

Statistics for NY pedestrian accidents

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.

Secure your fair compensation today!

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. 

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