Tag: Pedestrian

Latest New York Pedestrian Accident Lawsuit Information

If you are in an accident as a result of walking down the street, perhaps getting hit by a vehicle, you will have to find a lawyer that can represent you. In a pedestrian accident lawsuit, these attorneys will be able to represent you so that you can potentially get a settlement for what has happened. If you are in New York, this is a very common occurrence, like most major cities. People are regularly affected by drivers that make an error in driving. However, it can also be the fault of the pedestrian. The use of smartphones has risen greatly in recent years, prompting many people to stare down at their phone instead of watching where they are going. Therefore, there is always the possibility that it may be the fault of the driver or the pedestrian, something that a judge will have to decide. Here is a quick overview of how a person can find an accident attorney in NYC to represent them for a pedestrian-related incident, whether they are the pedestrian or the driver.

What Constitutes A Pedestrian Accident?

An accident that involves a pedestrian is something that involves either the driver or pedestrian not seeing each other. It may include both individuals not paying attention to where they were, leading to the accident and subsequent injuries that may happen. It could be a pedestrian that trips and falls, and the driver does not stop the vehicle quickly enough. It is also possible that a bicycle could hit a pedestrian, causing significant damage to both parties, all of which can be represented in a court of law.

Different Types Of Pedestrian Accidents

Several various types of accidents can happen if you are a pedestrian. This can occur in a crosswalk which is very common. There could be a bike lane collision, or it could happen at an intersection. Unsafe turns and inadequate lighting can also contribute to this problem. If a driver fails to yield while they pedestrian is going across the street, or if the driver simply runs a red light, this could lead to significant injuries. The driver may have also had defective brakes, and although they could see the individual crossing the street, they were not able to stop their vehicle in time.

How Do You Find These Attorneys?

Both the pedestrian and the driver will need to find an attorney. It is possible that lawsuits could be fired on both ends. It is possible that the driver may need to simply have one for defense, especially if it was their negligence that led to the accident. To find these attorneys, you will simply search for pedestrian accident attorneys, specifically those that can handle lawsuits in the New York area. Once you have found several of them, you will then want to evaluate each one, allowing you to make the right choice.

Evaluating The Different Attorneys That You Find

You should be able to find several attorneys that can handle pedestrian collisions. In fact, they will likely be able to work with many different types of accidents. On their website, you will probably see aircraft, automobile, boat, and even bus accident representation possibilities, helping people that have been injured. The attorney that you choose should have positive feedback from the different people that have to use their services either recently, or in year’s past. You need to see what people have said. If they were very happy with the services provided, especially if they were able to receive a settlement, this will be stated in the comments that are made.

How Do You Retain One Of These Attorneys?

There is a process that you must go through to choose an attorney. First of all, you need to consider the reviews and comments as stated before. This will give you a short list of potential contenders for your business, and then you will need to set appointments with each one of them. This will make it possible for you to connect with these attorneys, physically going to their office for a meeting. It is also possible that you could do this over the phone, or with Skype, and this will make it easy for you to meet with several different ones in the span of just a few days. The one that you retain will be an attorney that you believe will represent your case in the most reliable way, and they should also have a reasonable retainer fee. To get them started, it could be as much as five figures, money that is provided for them so they can get started. Two things will be discussed in general which is whose fault it was and what damages have been done.

Who Was At Fault?

The first thing that will be discussed is who is actually at fault. If the pedestrian goes to the attorney, they will determine what happened. Was the driver driving erratically? Was he or she speeding? Was there any alcohol involved in this particular accident. In many states, pedestrians are not able to get a settlement unless it can be shown that the driver was at least partially at fault. If it is clear that the pedestrian was texting while walking, and happened to walk into a busy intersection, there is no way to recover damages at all.

What Type Of Damages Can A Person Sue For?

A person that was struck will be filing a lawsuit for damages that are the result of the accident they were in. Damages can include medical expenses, lost wages, pain-and-suffering, and also what is called the loss of enjoyment of life. Essentially, you can sue for several things including physical, mental, and emotional injuries. Regarding wages, there will be compensation for the money that the pedestrian cannot earn until they have been fully recovered.

How Long Will It Take To Prepare For Your Case?

It is probably going to take them several weeks to prepare for the case. There are many things that they will need to gather. It also depends on whether you are the victim or pedestrian, or if you were the person that hit the person with your vehicle. Additionally, they will have to gather any medical information that is available. They will also need to have a police report. They may also hire a private investigator to gather testimonials from witnesses. All of this must be done before it goes to court. If it is, of course, a problem caused by one particular person being negligent, this may settle out of court very quickly. However, if there is any question that one person or the other may have been more responsible, it will take several weeks longer to prepare the case.

How Long Will It Take To Conclude The Case?

Unless it is a clear case of negligence on the part of the driver, it is likely that this will take quite some time. They will probably spend quite a bit of time preparing for their case to defend what has happened. If the driver was drunk, or on some narcotics, then there is no way that they can win. However, if it was an accident on the part of both the driver and pedestrian, it may take several months to convince a judge that one person was more wrong than the other.

If you are in New York, and you need to file a pedestrian accident lawsuit, this is a large city with a multitude of attorneys. You will be able to find several potential candidates, many of which will be experts in this field. It is only through evaluating them as suggested that you will be able to find the best one. Always consider the money that it will cost to retain this lawyer, and how much you stand to lose if you don’t mind when making this final decision.

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