What Are My Rights as a Pedestrian Hit by a Vehicle in New York?

If you are hit by a car while walking in New York, you have specific legal rights that protect you and ensure you receive adequate compensation for your injuries. Here’s a brief overview from a pedestrian accident lawyer in Queens, NY, of your rights as a pedestrian in New York.

What Are My Rights as a Pedestrian Hit by a Vehicle in New York? Answers from a Pedestrian Accident Lawyer in Queens, NY

Right to Seek Compensation for Medical Expenses

As a pedestrian injured by a vehicle, you have the right to seek compensation for your medical expenses. In New York, the driver’s insurance is required to cover your medical bills, even if you were partially at fault for the accident. This is due to New York’s no-fault insurance laws, which provide coverage to pedestrians injured by vehicles regardless of who caused the accident. You can receive compensation for hospital stays, surgeries, medications, physical therapy, and any other treatments necessary for your recovery.

Right to Lost Wages

If you are unable to work due to the injuries sustained in the accident, you have the right to recover lost wages. New York’s no-fault insurance covers a portion of your lost earnings, but the amount you receive may be limited by the coverage provided through the driver’s insurance policy. If your injuries are severe and affect your long-term ability to work, you can file a personal injury lawsuit against the driver to receive compensation for future lost earnings if you are unable to return to your work due to permanent injuries.

Right to Compensation for Pain and Suffering

You have the right to seek compensation for non-economic damages like pain and suffering, which is the legal term referring to the physical pain and emotional distress someone endures. Pain and suffering compensation is not covered under no-fault insurance, but may be sought via a personal injury lawsuit. If your injuries lead to long-term discomfort, mental health issues, or significant changes to your daily life, you may be entitled to this type of compensation.

Right to Fair Treatment During the Claims Process

You have the right to fair treatment from the insurance companies involved. This means that insurers must handle your claim in good faith and avoid tactics that unfairly delay or deny compensation. You are entitled to a prompt investigation and resolution of your claim. If an insurance company acts in bad faith, such as unreasonably denying your claim or offering an inadequate settlement, you may have grounds to pursue legal action against them.

Right to Legal Representation

You have the right to legal representation. An experienced attorney can help you understand your rights, gather evidence, negotiate with insurance companies, and pursue legal action if necessary.

If you have been injured as a pedestrian in New York, contact Bardizbanian & Associates, P.C., in Richmond Hill, NY, for legal assistance. 

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