Why A Pedestrian Injury Lawyer Is Key To Determining Fault!

What does it mean to be “at fault” in an accident? In the United States, being at fault means that you’re legally responsible for at least part of the accident, whether by negligence or deliberate actions. However, in New York State, it’s possible to share fault between multiple parties. Determining the percentage of fault and proving negligence are crucial steps in securing your due compensation. This is especially true when both parties are found negligent, as your compensation is reduced by your percentage of fault! As your pedestrian injury lawyer, we at Shaevitz & Shaevitz in Queens, NY, are dedicated to assessing fault and protecting your right to compensation!

Why Determining Fault is Complex

A pedestrian accident may have a variety of causes, including:

• Distracted driving: Texting and driving, eating while driving, or any activity that diverts your attention away from the road is “distracted driving.” Unfortunately, it only takes a second for a car accident to occur.
• Inebriated driving: Driving while under the influence of drugs or alcohol is incredibly dangerous. Not only are you risking your life or the life of any passengers, but also the lives of everyone on the road around you.
• Distracted walking: Texting while walking, or simply walking without looking, can lead to pedestrian accidents. Just like a driver, you should always pay attention to where you are going. However, it’s important to note that drivers still have a duty of care towards pedestrians, so the fault may not always lie with you.
• Jaywalking: Stop lights, crosswalks, and walking signals are all in place to protect you. As a pedestrian, you must follow these rules, including crossing the street when it’s your turn. Many people believe that they can make it across before cars reach them. However, if you’re wrong, it can result in devastating consequences. No matter what, it’s always safest to wait to cross the road.
• Failure to yield: At crosswalks, cars must yield to pedestrians. Outside of crosswalks, pedestrians should yield to vehicles that are already in motion. Failure to yield to pedestrians typically constitutes driver negligence, but failure to yield to moving vehicles may result in the pedestrian being partially at fault.

There is, of course, the possibility that more than one of these problems is the cause of your pedestrian accident. This complicates the legal process, as multiple parties are potentially negligent. Fortunately, the pedestrian injury lawyers at Shaevitz & Shaevitz are here to help!

How a Pedestrian Injury Lawyer Helps Secure Compensation

In New York State, we operate under a no-fault policy. This means that all parties are eligible for no-fault benefits, regardless of who is at fault. As the driver, the personal injury protection coverage of your car pays for your no-fault benefits. As a pedestrian, your no-fault benefits come from the insurance of the vehicle that hit you, paying for at least $50,000 in medical bills and lost wages.

However, you only have 30 days from the day of the accident to file your no-fault claim. As your pedestrian injury lawyer, we’ll help you file the claim, ensuring you receive your due benefits. Afterward, it’s common for insurance companies to try to contact you.

At Shaevitz & Shaevitz, we strongly advise against calling the insurance company yourself. Instead, we will speak with them on your behalf and represent your interests! Insurance agents often use minimizing tactics to lower your compensation. With our expert legal knowledge, we’re able to avoid these tactics, ensuring your compensation is what you deserve.

By collecting evidence, such as police and medical records, witness statements, and expert testimonies, we will build your case. With this information, we’re able to assess the fault of the driver who hit you, as well as any fault you may carry.

In cases where both you and the driver share the blame, we assess your percentage of fault and prove the negligence of the other party. This is a challenging task to undertake on your own, so it’s important to seek legal help from a legal firm you trust!

Are You Eligible for Additional Compensation?

While everyone in a New York State pedestrian accident is eligible for no-fault benefits, not everyone is eligible for further compensation. Only if your injuries exceed the serious injury threshold can you seek additional compensation from the car that hit you.

For clients who are eligible, but partially at fault, your compensation will be reduced by your percentage of fault.

For example, if you’re found 30% at fault for your pedestrian accident, your compensation for additional damages will be reduced by 30%. However, in many cases, this is still a substantial payout. Only an experienced pedestrian injury lawyer can help you determine what your case is really worth.

With our legal help, we protect your interests and earn your fair compensation.

Trust a Pedestrian Injury Lawyer in Queens, NY

After a pedestrian accident, determining fault can be tricky. Thankfully, trusting a pedestrian injury lawyer like those at Shaevitz & Shaevitz goes a long way! We’re able to build your case, protect your compensation, and fight for you on your behalf. Whether through settlement negotiations or in court, you can trust us to handle your pedestrian accident case.

Book a free consultation today to assess who is at fault in your accident and what your case is worth.

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