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Pedestrian motor vehicle-related accidents tend to cause the most serious
injuries
of all pedestrian related accidents. The majority of pedestrian motor vehicle
accidents in New York City
occur while the pedestrians is actually in the crosswalk.
Left hand turn and right-hand turn cases
generally place the pedestrian with the right of way
in crossing where the vehicle was attempting to turn. Pedestrian accidents
also occur in mid-block crossings
or while standing in the street waiting for a cab. When involved
in a pedestrian motor vehicle-related accidents, pedestrian has
two separate claims. The first as a No- Fault claim
and the second is a bodily injury liability claim.
When a pedestrian is physically struck by a motor vehicle
the pedestrian is afforded automatic coverage for No-fault benefits
No-Fault benefits provides coverage for basic
economic losses such as necessary medical treatment
any portion of lost earnings. The No-Fault claim must be filed
with the proper no fault form with the carrier for the vehicle involved
within 30 days of the accident. All medical bills must be submitted to the
carrier within 45 days
of given treatment. Due to these hard deadlines
it is important to consult with an attorney experienced in this area
shortly after the accident. The bodily injury claim
is the liability claim asserted against the owner and operator of the motor
vehicle involved.
The bodily injury claim seeks to obtain compensation for economic damages
not covered by no fault and compensation for pain and suffering
past and future. A liability claim
is conditioned upon proving fault and
the serious injury as defined by the No- Fault law
also known as a threshold
injury. Fault in New York State
can be determined based upon the standard of common law negligence
or the statutory violation
common-law negligence is a standard reasonable care
that an ordinarily prudent person in a similar position would have exercised in
the conditions then and there existing. Both the pedestrian
and the operator of the motor vehicle are held to the standard of reasonable
care.
The other basis for finding of fall
is based upon a statutory violation. A statutory violation can serve as a
stronger basis
as there is an instruction given to a jury that
if a violation of a statute has been found that was a cause of the accident
then the trier of fact must find negligence
in order for pedestrian to obtain compensation beyond No-Fault
benefits the pedestrian in addition approving fault
must also prove serious injury. If
anyone injury meats any one particular category
then all the injuries are subject to compensation
hence the term threshold injury.
A threshold injury
is established if anyone injury
meets any one of the following categories:
the first basic economic loss
exceeding fifty thousand dollars that would be
medical and lost earnings, another category
a fracture, or
another category a significant disfigurement,
another category permanent loss of a bodily organ member function
or system, another category a significant limitation
to a bodily organ member function system
another category is unable to carry out
usual occupation or advocation for at least 90 you the first 180 days
following the accident subject to what a reasonable person would do given
injuries involved
there are other obvious categories such as death
dismemberment, if pregnant loss a fetus
the categories such as the permanent injury category
and the significant limitation category is open to a great deal
have specific case law interpretation
before drawing any conclusions with respect to whether you have stayed
a qualified injury you must speak with an attorney familiar with this area of
law
if you or someone you know has been injured
in New York City in a pedestrian motor vehicle-related accidents
please contact our office for a free no obligation
consultation