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April 5, 2022 | Bicycle & Pedestrian Accidents

Who Is At-Fault for Pedestrian Accidents in New York City?

Understanding Your Rights If You Are Hit by a Car While Walking in New York City

New York’s No-Fault insurance laws make determining liability in a pedestrian accident nearly obsolete, but there are a few exceptions. In general, the insurance for the driver of a vehicle that hits a pedestrian will be responsible for covering the pedestrian’s economic losses. However, it is important to consult with an attorney before signing anything to ensure that you are receiving the full and fair compensation that you deserve.

At Ajlouny Injury Law, we provide dedicated representation for those injured in pedestrian accidents throughout New York City. Thousands of people are injured or killed each year in the city as a result of pedestrian accidents. Our lawyers are here to help. If you were involved in a pedestrian accident, contact our office at (718) 233-3913 for a free consultation. 

Who Is Liable in a Pedestrian Accident in New York City?

New York is one of a dozen states that have no-fault insurance laws. In a pedestrian accident, it will almost always be the responsibility of the driver’s insurance company to cover the medical bills and other economic losses of the injured party. It is not necessary to prove liability (legal responsibility) in New York unless you need to pursue a personal injury lawsuit.

In cases where a pedestrian’s injuries are serious, and damages exceed $50,000, they may need to pursue a fault-based lawsuit against a negligent driver. In these cases, the pedestrian would need to prove that the driver was responsible for the accident. It is important to note that a pedestrian may still recover damages even if they were partially to blame for the accident.

Can I Sue a Driver for a Pedestrian Accident?

In short, yes. While no-fault insurance covers up to $50,000 of damages, there may be injuries so severe that the amount exceeds that limit. In cases of serious injury, a person may pursue a personal injury lawsuit against a negligent driver.

It is essential that you consult with an experienced pedestrian injury lawyer immediately after the accident. An attorney can help you file a legal claim for damages against the driver’s insurance company and determine whether you should pursue a lawsuit against a liable party.

Do I Need an Attorney?

Hiring a lawyer may be vital to a successful outcome in your case. There are strict laws and legal procedures that govern motor vehicle accidents in the state. Filing a claim outside of the statutory time period may bar your right to recovery.

Before you sign anything or make any statements, you need to speak with an attorney. Even if another lawyer rejected your case, it is strongly recommended that you seek a second opinion. Your case may be worth millions, but without securing quality legal representation, you may never know and end up settling for less than your case is worth.

Injured in a Pedestrian Accident? Contact Ajlouny Injury Law Today.

Were you or a loved one injured in a pedestrian accident? Contact our office at (718) 233-3913 for free legal advice. All case evaluations are free and without obligation to retain our services. 

At Ajlouny Injury Law, we have offices located throughout New York City, and we proudly serve all five boroughs. We have recovered millions of dollars on behalf of our clients and will work relentlessly to get you the results you deserve. Call or text now to get started.

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