Frequently, pedestrians are involved in traffic collisions. Thousands of pedestrians are injured or killed annually in collisions with motor vehicles.
How Do Pedestrian Accidents Happen In New York?
Multiple factors can contribute to pedestrian accidents. Pedestrian accidents are more prevalent in dense, urban areas with a large number of cars and pedestrians. According to a publication of the National Highway Traffic Safety Administration, the following are common causes of accidents involving pedestrians:
- Alcohol .
- Approximately fifty percent of fatal pedestrian accidents involve drivers under the influence of alcohol; at night
- Approximately 75% of collisions resulting in pedestrian deaths occur at night; Left Turns.
- A pedestrian is three times more likely to be involved in a collision with a car when the driver is making a left turn at an intersection.
Depending on the circumstances, the driver, the pedestrian, or both may be at fault for these collisions. In the following situations, drivers are typically held liable for negligence:
- Driving recklessly; Failing to yield; Driving under the influence of drugs or alcohol; Texting while driving;
- Not yielding to traffic signs or signals.
Alternatively, pedestrians may be at fault in the following instances:
- Not using the crosswalk or jaywalking; Intoxication; Not using the sidewalk or walking on the road.
In a collision between a car and a pedestrian, the pedestrian will probably sustain more severe injuries. In New York, it is crucial that pedestrians understand their rights and responsibilities. Understanding these rights and responsibilities can aid in preventing accidents and injuries.
How Can A Pedestrian Hit By A Car In New York Make An Insurance Claim?
Personal injury protection (PIP) coverage is used in New York, a no-fault state. This means that regardless of who caused the collision, PIP will cover the pedestrian’s medical expenses for any injuries sustained as a result of the collision, up to the policy’s limits. PIP may apply to the pedestrian’s medical expenses in three situations.
First, the pedestrian’s PIP coverage applies despite the fact that they were not driving their vehicle at the time of the accident. Secondly, if the pedestrian does not own a vehicle but resides with a relative who owns a vehicle in New York, they can file a PIP claim on their relative’s auto insurance.
If the first two options are unavailable, the driver’s personal injury protection (PIP) insurance could cover the pedestrian’s medical expenses.
What if PIP Does Not Apply or Is Not an Option?
If PIP coverage is not available, a pedestrian can use their own health insurance to pay for medical expenses related to the collision. If the pedestrian’s injuries meet the “serious injury” threshold, they can also sue the at-fault driver to recover the remaining damages.
If the pedestrian is at fault for the collision and has exhausted their PIP and health insurance coverage, they may be responsible for their own medical expenses. In addition, if the collision was caused by a hit-and-run, the pedestrian would be unable to sue the driver or use the driver’s insurance.
The pedestrian may still be eligible for no-fault benefits through a state-funded programme called the New York Motor Vehicle Accident Indemnification Corporation if they are in this type of worst-case scenario. This programme offers assistance to accident victims who were not at fault for the collision.
Contact Our Personal Injury Law Firm
Contact Abrams Law Group for a free consultation if you’ve been hurt in an accident and require legal assistance.