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Bronx County was the last of the 62 counties of New York State to be incorporated. Although the Bronx is the third most densely populated county in the U.S., about a quarter of its area is open space, including Woodlawn Cemetery, Van Cortlandt Park, Pelham Bay Park, the New York Botanical Garden and the Bronx Zoo. Zip codes in the Bronx include 10467, 10456, 10458, 10453, 10468, 10457, 10452 and 10462.
Bronx Pedestrian Accident Attorney
If you live in the Bronx area you are probably used to getting around by walking at least some of the time. Established public transportation systems like the MTA subways and New York City Transit buses make it easy for people to get around without a vehicle — so easy that many people who live in the Bronx get around without the need for owning a car, especially with the advent of Uber and Lyft.
Unfortunately for pedestrians, walking can be fraught with danger and too many pedestrians are injured or even killed in the Bronx due to the negligence of bus, truck and automobile drivers.
If you were seriously injured in an accident while walking in the Bronx and as a result of a another's negligence, you should understand your legal rights and contact a personal injury lawyer to protect your legal rights and ensure the monetary recovery you should be entitled to.
Here we provide an introduction to pedestrian accident law in the Bronx, New York City.
We first explain the various options injured pedestrians may have for financial compensation after an accident. Then, we discuss how a pedestrian establishes negligence in a personal injury lawsuit, the timeline for such a lawsuit, and how an injured pedestrian can manage his or her medical bills as a lawsuit proceeds in Court.
Finally, we talk about the ways in which a personal injury lawyer can help you through this process and address any questions you may have.
Do I Have a Right to Compensation after an accident?
If you were injured in a pedestrian accident as a result of a driver's careless or intentional conduct, you may have a right to be compensated for your injuries and other losses, such as wages you could not earn while recovering from your injuries. There are two options after a pedestrian accident: filing a claim with the driver's insurance company and/or filing a personal injury lawsuit in Court.
If the driver was insured at the time of the accident, you can file a claim with the driver's insurance company. The claim negotiation and settlement process can be time-consuming and difficult to navigate without the assistance of a lawyer, even if there is clear liability. The claims adjuster from the insurance company will try to settle your claim for as little as possible and will require you to give up your rights to sue the driver in court in exchange for paying your claim.
Because pedestrian accidents can cause such devastating injuries, filing a personal injury lawsuit is many times the only way to get the compensation you deserve.
Your Legal Options Following a Pedestrian Accident
There are two main legal theories that can serve as the basis of a pedestrian accident lawsuit in New York: negligence and battery. Because most pedestrian accidents are accidents caused by careless driving rather than an intentional tort, let's focus on negligence.
Negligence is the failure to act with the level of care that a reasonable person would have exercised under the same or similar circumstances. There are five elements of a standard negligence claim. In order to win a pedestrian accident lawsuit based on negligence, you'll need to prove the existence of the following elements by a preponderance of the evidence.
- Duty: The defendant must be obligated by law to act in a certain way toward the injured pedestrian. There is almost always a duty for a driver to exercise reasonable care toward pedestrians on the roadway.
- Breach of duty: The defendant must have breached that duty, meaning that he or she failed to act with the required level of care. If a driver breaks a traffic law and strikes a pedestrian, the court may automatically assume that the driver has breached a duty under a legal theory called negligence per se
- Cause-in-fact: The injured pedestrian must prove that the driver actually caused his or her injury. This is sometimes called “but-for” causation because the plaintiff must show that but for the defendant's actions, the plaintiff's injuries would not have occurred.
- Proximate cause: The driver in a pedestrian accident case will only be responsible (or “liable”) for the harms that were foreseeable as a result of his or her actions. In most pedestrian accident cases in New York, serious injuries are considered to be foreseeable consequences of negligent driving.
- Damages: The injured pedestrian must show that the accident caused him or her to suffer legally recognized harm, typically in the form of bodily injury, financial losses, or damage to his or her property.
If an injured pedestrian can establish each of these elements by a preponderance of the evidence (meaning that more than 50% of the evidence favors his or her case), he or she will win the lawsuit and will be awarded money by the court.
How Can I Manage My Medical Bills After a Pedestrian Accident?
A pedestrian accident may cause serious injuries that require immediate medical treatment. The cost of medical treatment can be financially overwhelming, even for those with health insurance. You should evaluate all of your options for managing your medical expenses after a pedestrian accident. Even though the driver who hit you is legally responsible for these expenses if they were at fault in the accident, you may need to pay for your own medical costs until your insurance claim or personal injury lawsuit is resolved.
Here are a few of the options you have to manage your medical expenses.
- Insurance Coverage. You may have optional medical payments coverage through your auto insurance policy. If you have coverage under this type of policy, your medical bills may be covered if you were injured as a pedestrian by a vehicle. The driver's insurance policy may cover your medical bills, but you should consult with a pedestrian accident lawyer before accepting any type of settlement from the at-fault driver's insurance company.
- Health Insurance. Your health insurance coverage will typically cover a portion of your medical treatment. You may be required to pay the remainder out-of-pocket. You should consult with a lawyer about how any proceeds from a personal injury lawsuit will be allocated to your insurance provider.
- Medical Liens. With this option, your attorney can help you get medical treatment from doctors and healthcare facilities that will treat you on a “lien” basis. This means that you pay nothing out of pocket in exchange for agreeing to pay the doctor or facility back once your case settles.
- Out of Pocket. If you pay for your medical treatment and associated expenses out-of-pocket, you will be reimbursed for these costs if your personal injury lawsuit or insurance claim is successful.
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Mr. Redenburg was very helpful in aiding us through our case. This was my first time ever going through something like this and he was able to help take off a lot of the stress I was feeling. I would definitely recommend him to anyone who needs legal advice.
If you have been injured in the Bronx due to someone else's negligence, contact the Bronx Pedestrian Accident lawyers at Michael J. Redenburg, Esq. PC and get the wheels of justice spinning for you. Call 212-240-9465 now!