Pedestrian Car Accidents in New York
Uploaded on: Jun 14, 2022
Duration: 2.5 Min

Video Description

Accidents where a car runs over a pedestrian can be much more serious than accidents involving two cars. While these accidents usually happen at lower speeds, pedestrians don’t have their own car to absorb some of the impact.

In New York State, over 15,000 pedestrian accidents occur each year, and nearly 97% of them result in injuries. These injuries often come with high medical bills, not to mention recovery time, pain, and potential disabilities. Dealing with the aftermath of being hit by a car can be complicated and expensive. A personal injury lawyer can help you get the compensation you need to handle the aftermath of being hit by a car.


Compensation for an accident as a pedestrian can come from a few different sources. If you have a car insurance policy, it will contain Personal Injury Protection, or PIP benefits. These benefits pay for your injuries in a car accident, no matter who’s at fault. Despite being part of your car insurance policy, they apply to any car accident you’re in, even as a pedestrian.

PIP has some limits. First, it will never pay more than your policy limit, which is $50,000 unless you selected a higher limit when you bought the policy. Second, it covers only medical bills and lost work time, not pain and suffering, disability, emotional trauma, or many of the other consequences of serious injuries.

If PIP isn’t enough to cover your injuries, or you don’t have a car insurance policy, you’ll need to sue the driver who injured you.


The main question in a personal injury case is whether the person who caused the injury was acting negligently at the time. In New York, the jury hears the evidence and determines who was at fault, and what percentage of the fault they had. Any monetary awards are adjusted by this percentage. For example, if the defendant is found only 80% at fault, the award will be reduced by 20%.

Juries don’t always find the driver 100% at fault in pedestrian accident cases. There are many factors in determining who’s at fault in a car-pedestrian accident such as whether the driver was speeding or driving distracted, whether the pedestrian was at a crosswalk or jaywalking, and whether the driver had time to stop.

The jury will look at the situation as a whole, not just at whether one party was technically breaking the law. So, even if you were jaywalking, you can still win a case.

Most cases settle rather than going to trial. However, drivers and their insurance companies settle because they’re afraid of losing at trial, so the strength of your case has a major effect on the size of the settlement you get. It’s important to have a good attorney to put together your case and negotiate your settlement to get you as much compensation as possible.


If you or a loved one has been hit by a car, contact Rosenblum Law for a free consultation today. Our experienced personal injury lawyers will assess your case and find the best strategy to get you all the compensation you deserve.

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