Pedestrian Accident Attorney Massapequa Park, New York

Vehicle Accidents With Pedestrians in Massapequa Park, New York

Here’s exactly what to do, and ways to identify fault, if you struck a pedestrian.

For how long earlier did the occurrence happen?

Hitting a pedestrian while driving a cars and truck is a scary event, but not uncommon. Inning accordance with statistics gathered by the National Highway Traffic Security Administration, over 60,000 pedestrians were hurt in traffic mishaps in 2006. Striking a pedestrian at a speed of over 30 miles per hour leads to more serious injuries and deaths– yet a driver can badly disable a pedestrian in a crash where the driver is taking a trip just 10 miles per hour.

As a motorist, it is very important to understand what to do right away after an accident with a pedestrian. By remaining calm and speaking with the ideal celebrations, you can reduce your liability. Chauffeurs need to also find out the basic guidelines of fault, how injuries and damages will be compensated, and most significantly, how to avoid such accidents in the first place.

What to Do Right away After the Mishap – Information for Massapequa Park, NY 11762

The majority of chauffeurs that strike pedestrians are exceptionally upset right away after the accident. Take a deep breath and concentrate on the following:

  • Safety precedes. First, get any injured individuals to a location of security. Do not attempt to administer medical treatment beyond exactly what is required of you in an emergency, such as CPR.
  • Get medical and legal assistance. Next, call the authorities, medical care suppliers, and automobile insurance coverage service providers (the chauffeur’s and the pedestrian’s). If you are facing possible criminal charges for the accident, such as owning under the influence, call a criminal defense lawyer for yourself if you can. When the authorities and your insurance coverage representative arrive, offer honest statements to them about how the accident took place.
  • Exchange contact details, but not much more. If the pedestrian is not disarmed, exchange your name, phone number, and insurance information with them. Prevent talking extensively with the pedestrian or their pals or relative. Confessing fault, or making declarations such as “I feel so guilty,” might expose you to an accident lawsuit. You need to also prevent speaking straight to the pedestrian’s lawyer or vehicle insurance company. It is very important to have your automobile insurer interact with the pedestrian’s lawyer, automobile insurer, or pedestrian themselves.

Who Is at Fault?

When a motorist strikes a pedestrian, often the most significant concern is: Whose fault was the mishap? Typically, fault is determined by the law of negligence. An individual who fails to exercise a sensible requirement of care under the scenarios may be considered “irresponsible.”.

However, both the motorist and the pedestrian can be irresponsible. For example, the pedestrian may be crossing the street unlawfully while the motorist is traveling in excess of the published speed limitation. This circumstance is treated differently in various states.

Some states, such as Maryland and Virginia, follow what’s called a “pure contributory negligence” rule. This indicates that if the pedestrian contributed in the smallest bit to the mishap, then he and his vehicle insurance provider can not recover damages from the motorist and his auto insurer.

Other states follow a “comparative fault” rule. This implies that a pedestrian can recover some damages even if he was partly at fault.

Police Reports and Insurance Company Findings: Procedure for Massapequa Park, New York 11762

The authorities will take statements from the motorist, pedestrian, and witnesses to determine who was at fault. They might make a conclusive finding on the spot or perform a detailed examination to make the finding later on.

The cops report from the mishap will suggest which party the police officer saw as being at fault. Vehicle insurance companies, however, may challenge this finding. Insurance companies normally send out an adjuster to the scene of the mishap, or view the damage to persons and property right after the mishap has actually happened. If you think that your insurer will unjustly appoint you a higher percentage of fault, consider keeping an injury lawyer to argue that you have a lower percentage of fault.

Insurance coverage Protection for Pedestrian Accidents

Injured pedestrians are usually covered under their health and disability insurance policies, or employee’s settlement protection, if the mishap happens on the job. They may also be covered under several automobile insurance policies.
Payment Under Car Liability Insurance.

A hurt pedestrian can normally sue against the chauffeur’s or automobile owner’s automobile liability insurance policy. Almost all states require that vehicle owners and chauffeurs carry liability insurance to cover personal injuries to third parties and damage to third parties’ residential or commercial property. Recoveries depend on whose fault the accident was and numerous state statutes.

Payment Under No-Fault Protection

Some states, called “no-fault” states, need insurance provider to spend for the medical costs and lost incomes of their own insurance policy holders, no matter who is at fault. This is also known as personal injury defense (PIP).
When it concerns coverage for injuries to pedestrians in no-fault states, laws in between the states vary. In some states, the motorist’s insurance company pays the quantity of the pedestrian’s medical costs as much as the PIP limitation, even if the mishap is the pedestrian’s fault. There are exceptions to this payment scheme. For example, in New Jersey, if a pedestrian is not insured, she or he may be paid of a special state-mandated fund called the Unsatisfied Claim and Judgment Fund.

Look for an Attorney’s Guidance

State laws differ commonly when it concerns car insurance plans, and each scheme has limitations and exclusions. In addition, recovery might depend on the insurance policies included as well as judicial decisions in that state.


In order to sort this out, injured pedestrians may want to seek advice from an expert, such as the pedestrian’s own insurer or an injury attorney. Pedestrians ought to ask an attorney which car insurance company they need to approach initially, and from which insurer they might be able to receive extra coverage.

Avoiding Pedestrian Accidents in Massapequa Park, New York

The very best method to avoid pedestrian accidents is to comprehend that “defensive driving” implies watching out for individuals who stroll, utilize a bicycle, operate a wheelchair, rollerblade, rollerskate, ride an electric scooter, and play in the road. Pay specific attention to kids and older adults. These individuals might be less knowledgeable about drivers on the road. They are most likely to wander off outside crosswalks and not pay attention to traffic signals.

It is necessary to keep in mind that people who are not in an automobile and remain in the roadway are exceptionally susceptible and most likely to be seriously injured than a motorist. If you make sure to offer pedestrians notice, space, and time to move out of your path, you might have the ability to avoid striking a pedestrian.