New York City, with its bustling streets and crowded sidewalks, is no stranger to pedestrian accidents. These incidents can result in severe, life-altering injuries, and navigating the legal landscape that follows can be daunting. This comprehensive guide aims to help you understand how to win a pedestrian accident case in New York.
Understand Your Rights as a Pedestrian
In New York, pedestrians have the right of way at marked crosswalks and intersections. If a driver fails to yield and causes an accident, they can be held liable. Knowledge of pedestrian laws is vital in establishing fault in a pedestrian accident. A thorough understanding of your rights can set the groundwork for your case.
Document the Incident
In the chaotic aftermath of an accident, it’s crucial to remain calm and document everything. Take clear, detailed photos of the accident scene, your injuries, and any other relevant evidence like skid marks or broken traffic signals. Eyewitness testimonies can also be invaluable. Ensure to gather their contact information – their accounts can significantly strengthen your case.
Seek Medical Attention Immediately
Despite feeling unscathed, seek immediate medical attention. Some injuries may not manifest right away, and a delay in medical treatment might undermine your claim. A prompt and comprehensive medical evaluation can establish a clear connection between the accident and your injuries, contributing significantly to your case’s credibility.
Consult with Legal Professionals
Consulting with legal professionals even before deciding to file a lawsuit can be advantageous. An attorney with experience in pedestrian accidents can assess your case’s strength, clarify your legal rights, and guide you on the most beneficial course of action. They can also help you prepare and organize the necessary documents, reducing the risk of errors that could affect your claim.
File a Lawsuit within the Statutory Period
In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. However, it’s not advisable to wait until the last minute. The earlier you start, the fresher the evidence and testimonies will be, potentially bolstering your case’s effectiveness.
In New York, the concept of “comparative negligence” applies in accident cases. This means each party involved can be assigned a percentage of fault. An experienced lawyer can aid in establishing the other party’s negligence, significantly contributing to your case’s outcome.
The calculation of compensation involves numerous factors, including medical expenses, lost wages, future earning potential, pain and suffering, and other non-economic damages. An experienced attorney can help you accurately estimate these damages, ensuring you seek a fair compensation amount.
Prepare for Litigation
While many cases get settled outside the courtroom, it’s essential to prepare for potential litigation. This includes consolidating evidence, preparing testimonies, and strategizing a compelling argument to present in court. A seasoned attorney can assist in this preparation, ensuring you’re ready for any eventuality.
At Gelbstein & Associates, we bring extensive experience in handling pedestrian accident cases in New York. Led by a former senior judge with over 30 years of experience, our team is equipped to tackle the intricacies of pedestrian accident cases. If you’re involved in a pedestrian accident, don’t leave your fate to chance. Contact us at 718-276-9000, email us at email@example.com, or visit our website at www.Gelbstein.com. We’re here to support you every step of the way.