Drivers Are Usually at Fault When a Pedestrian Is Injured
The driver is almost always partially, mostly or 100% at fault when a pedestrian is struck and injured by a car. A study from a city Department of Public Health and Municipal Transportation Agency found “64 percent of all collisions between people walking and driving are ‘driver at fault.”
We Will File Your No-Fault Application
Pedestrians struck by a car or motorcycle must file a No-Fault application within 30 days of the accident. Unlike an accident with two cars, a pedestrian must file a file a No-Fault application with the insurance company insuring the car which struck you.
Since information you enter on the No-Fault application can hurt your case, it’s better to let us do it for you. Additionally, it can be difficult to locate the proper No-Fault insurance company since it is not your insurance company. If you, as a pedestrian, also own a car, you may have additional No-Fault coverage.
You only have 90 days to file an underinsured or uninsured claim, so please call us immediately at 1-800-487-8911.
“Legally Serious” Injury
Like any other car accident, a pedestrian must prove that he or she has a “legally serious” injury. The definition of a “legally serious” injury is extremely confusing and difficult to prove even for many lawyers. We have been extremely successful proving that our clients sustained a “legally serious” injury. We have not had a case which was dismissed for failing to prove a “legally serious” injury.
An often overlooked injury with pedestrian accidents is a closed head injury. You may have hit your head and had a concussion. This is an injury which is extremely serious and can be worth more than $1 Million.
Head injuries are often overlooked because the pain from a concussion can go away but the injured victim usually doesn’t understand the symptoms which often never go away. Even the treating doctors usually overlook these symptoms because the injury is in a different medical field than the doctor.
You may have an injury which is serious but isn’t life threatening. Obviously, a pedestrian struck by a car may have far more serious injuries than is usually seen in a two car accident.
When you have a serious injury, your medical bills will easily be over $50,000 and there may be a lien against your case to recoup the money paid for your medical bills. We had a client who was a quadriplegic after she was struck by a car. Her medical bills at a NYS hospital were originally near $1,000,000. NYS sought to get the money back and we were successful in getting NYS to waive the entire lien so nothing was repaid.
NO Legal Fee for Estate Work for Wrongful Death!
We provide FREE legal services for estate work in the event that a bicyclist is killed and the family doesn’t have or doesn’t want to spend the money to hire an estate lawyer.
If you were hit by a car, please call us now for a free consultation if you have any of these serious injuries:
- Any broken bone, even a rib, finger or toe
- Pain in your knee
- Pain in shoulder
- Pain in your wrist
- Pain in your neck
- Pain in your back
- You were in the hospital overnight
- You had any kind of surgery
Call Phil Franckel direct days/nights/weekends for a free consultation