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The jarring moment a car hits you is just the start. The path forward seems complicated, filled with questions about your future. The good news is that you often have the right to sue someone for running you over.
The driver who hit you is likely liable for your injuries. A pedestrian accident lawyer provides support and illuminates the path for what comes next after a pedestrian accident.
What Makes a Pedestrian Accident Lawsuit Possible in New York?
New York is a no-fault insurance state, which changes how you get compensation after being run over. Your first payments for medical bills and lost wages come from a no-fault insurance policy.
However, your case must meet certain rules to file a lawsuit against the driver to cover specific losses.
Understanding New York’s No-Fault System
The no-fault system is designed to get you quick payment for your economic losses. This means your initial medical expenses and lost income are covered by Personal Injury Protection (PIP) insurance. This coverage applies no matter who was at fault for the accident.
To sue someone for running you over for damages beyond these basic costs, you must first step outside the no-fault system. You do this by proving you have a serious injury. This critical distinction determines your ability to file a personal injury lawsuit.
While the legal definition is complex, a serious injury generally includes things like:
- Broken Bones: Any fracture is considered a serious injury.
- Disfigurement: This refers to scarring that alters your appearance in a major way.
- Permanent Limitation: This means an organ or limb doesn’t function as it did before the accident.
Once you show your injury meets this threshold, you can sue the negligent driver. Your lawsuit will then focus on proving the driver was responsible for the accident.
Showing the Driver Was Negligent
To sue someone for running you over, your lawyer must show they were negligent, meaning the driver acted carelessly and caused your harm. Your attorney then connects their unsafe action on a New York street to your injuries.
When a driver fails to operate their vehicle safely, they breach their duty of care. This might involve speeding down the Jericho Turnpike, texting while driving through Queens, or failing to yield to you in a crosswalk on Long Island. Your lawsuit must prove that this negligent act led to the accident.
The Role of Evidence in Your Claim
Evidence makes or breaks your case. It needs to show that the driver was negligent and that your injuries are serious. Solid proof strengthens your position if you sue someone for running you over.
Evidence might include:
- Police Report: The police report contains details about the accident scene and the officer’s initial findings.
- Photos and Videos: Pictures of the accident scene, your injuries, and any damage to the vehicle are powerful forms of proof.
- Witness Statements: Accounts from people who saw the accident provide an outside view of what happened.
Potential Compensation After a Pedestrian Accident in New York
After a pedestrian collision, you likely face many new costs. A lawsuit aims to recover compensation for these losses. This compensation is known as damages.
Medical Treatment
Your medical bills are a big part of your claim, and the person at fault is responsible for these costs. Compensation covers everything from the ambulance ride to any future surgeries or physical therapy.
Keep records of all your medical expenses, including bills from hospitals, doctors, and pharmacies. You need these documents when your lawyer sues someone for running you over.
Lost Wages and Earning Capacity
Your injuries may stop you from working, which could mean you’ll lose income while you recover. A lawsuit may help you get back those lost wages. If your injuries are severe, you may be unable to return to your old job, resulting in a diminished earning capacity.
Your pedestrian accident claim might cover this future lost income, too.
Pain and Suffering
You also get compensation for your non-economic losses, including the physical pain and emotional distress the accident caused. Putting a number on these damages is harder, but it’s a real part of your suffering.
Things like scarring, disability, or a lower quality of life fall into this category. The legal system recognizes that these losses matter, and a lawsuit seeks to compensate you for them.
Unique Situations in Pedestrian Accidents
Not every accident is simple. Sometimes, specific factors make suing someone for running you over more complex. Regardless of the scenario, your lawyer can prepare you for what’s ahead and tailor a strategy specific to your case.
When the At-Fault Driver Flees
A hit-and-run accident happens when the driver who hit you leaves without stopping. This is a crime in New York. It also creates challenges for your claim.
Law enforcement will investigate to find the driver. You might also find security footage from a nearby business, whether you were hit near a busy Manhattan intersection or a Mineola storefront. Your lawyer may assist the police in their attempts to track down the hit-and-run driver.
If the driver is found, you file a claim against their insurance as you normally would. If the driver remains unknown, you have other paths for compensation. Your own auto insurance policy’s Uninsured Motorist (UM) coverage might pay for your damages.
If you don’t own a car, you may get benefits through the Motor Vehicle Accident Indemnification Corporation (MVAIC), a fund that protects pedestrians in these exact situations. Your lawyer can talk you through these options.
If You’re Blamed for the Accident
New York follows a rule called pure comparative negligence. This means you might get compensation even if you were partly at fault for the accident. You don’t lose your right to sue someone for running you over just because of a mistake.
For example, a jury may find that you were 25% responsible because you were looking at your phone while crossing the street outside of a crosswalk. Your total compensation amount would then be reduced by 25%.
Accidents Involving Government Vehicles
The rules are different if a government vehicle, like an MTA bus or a NYC Department of Sanitation truck, hits you. You must file a formal document called a Notice of Claim. You have a very short deadline of 90 days from the date of the accident to file it.
Missing this 90-day deadline may stop you from getting any compensation. The time limit to file the actual lawsuit is also shorter than in regular cases. Act very quickly after an accident with a government vehicle; call a personal injury lawyer immediately to protect your claim.
Crashes With Uber or Lyft Drivers
Accidents with rideshare drivers are also complicated. The available insurance coverage often depends on the driver’s status in the app when the crash occurred. This creates different layers of potential responsibility.
For instance, a large insurance policy provided by the rideshare company might apply if the driver was transporting a passenger. If they were logged into the app and waiting for a ride request, a different, smaller policy may be available.
How a Lawyer Helps With Your Pedestrian Accident Case
An attorney guides you through the legal process from start to finish. They handle the complex parts of your case so you can focus on getting better. They work to protect your rights at every step.
Gathering Powerful Evidence
Your legal team knows what proof you need for a strong case. Law firms have the resources to conduct a full investigation. They may hire accident reconstruction experts to show how the crash happened.
Your lawyer can secure vital proof you may not be able to get on your own, such as issuing legal demands for a driver’s cell phone records. This can reveal if the driver was distracted right before the accident happened.
Handling All Communications
Your lawyer talks to the insurance companies on your behalf. Insurance adjusters may try to get you to say something that hurts your case. Your representative protects you from these tactics.
They become your official point of contact, stopping the endless calls and requests for recorded statements. This prevents insurers from twisting your words to reduce their payout.
Calculating Your Total Damages
Figuring out how much your case is worth is difficult. A lawyer works with medical and financial experts to calculate the full extent of your losses, including future medical needs and lost earning potential.
Their calculation goes beyond just adding up current bills. It involves working with professionals like life care planners to project long-term care costs for a serious injury or economists to value the lost earning capacity.
Negotiating for Compensation
Lawyers are skilled negotiators. They know how to argue for the maximum compensation for your injuries. They won’t let an insurance company undervalue your claim.
The negotiation process starts with a detailed demand package sent to the insurance company outlining your case and the compensation you seek. Your attorney handles the back-and-forth offers, pushing back against lowball settlement attempts from insurers.
Representing Your Interests in Court
If your case goes to trial, your team prepares and presents your case to a judge and jury. They argue on your behalf and fight for a favorable verdict. This is a key part of how you sue someone for running you over.
Taking a case to trial involves selecting a jury, questioning witnesses on the stand, and making compelling opening and closing arguments.
FAQ for Can You Sue Someone for Running You Over?
What Should I Do After Someone Ran Me Over in Their Car?
After a pedestrian collision, call a personal injury lawyer immediately to learn about your legal options for compensation. Then, document everything related to the accident and your injuries.
Start by getting a copy of the police report, which contains the driver’s information and details about the crash. Create a file to keep all of your medical bills and receipts for any accident-related expenses.
Keep a journal to track your daily pain levels and note how your injuries impact your daily activities, like sleeping or walking. Continue to take photos of your injuries as they heal, as this shows the recovery process over time.
How Long Do I Have To File a Lawsuit in New York?
In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. This time limit is called the statute of limitations.
If the case is against a city or government entity, the deadline is much shorter. There are exceptions to this rule, so talking to an attorney soon after the accident protects your right to sue.
What if the Driver Who Hit Me Has No Insurance?
If an uninsured driver hits you, you still have options. Your own car insurance policy likely includes Uninsured Motorist (UM) coverage. This coverage is designed to pay for your damages in this exact situation. It acts as the insurance that the at-fault driver should have had.
The process involves filing a claim with your own insurance company, and a personal injury lawyer can assist you through the process.
What if a Car Hit Me in a Crosswalk?
Drivers in New York must yield the right-of-way to pedestrians in a crosswalk. If a driver hits you while you are legally in a crosswalk, it creates a strong case of negligence against them. This is true whether the crosswalk is marked with paint or is an unmarked extension of the sidewalk at an intersection.
Can You Sue Someone for Running You Over if They’re a Friend or Family Member?
Yes, you have the right to file a claim if the driver who hit you is someone you know. It’s an uncomfortable situation, but the claim is typically against their auto insurance company, not against the person directly for their personal assets.
The goal of a claim is to get compensation for your medical bills and other losses from their insurance policy.
Reclaim Your Future With a Strong Advocate
A careless motorist shouldn’t get the final say. You have the power to seek justice and secure the resources you need to move forward with confidence. The legal team of New York personal injury attorneys at Finz & Finz, P.C. is ready to fight for you.
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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.
