Pedestrian Accidents

Pedestrian Accident Lawyers Rochester NY


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Children and adults in a crosswalk or jogging alongside a road can suffer life-changing injury from a careless driver who is not paying attention, or fails to yield the right of way. These cases have unique issues, because the negligent driver’s insurance policy must pay for the medical expenses and lost wages of the injured pedestrian under the no-fault coverage rules, as well as provide sufficient compensation for the pain, suffering, and permanent injuries of the injured pedestrian.

In instances where a person is hit by a vehicle that was turning the negligent driver could be held liable for any injuries caused under their car's "no fault" insurance. However, there are many nuances that would affect this. A notice must be filed within 30 days of the accident to get the benefits of having medical expenses and lost wages covered. Because of this, you must figure out who the insurance company is, otherwise you may be left without any medical coverage for this type of accident.

For public transportation vehicles, they are also responsible to pay the benefits of the injured party. If you plan on suing them, the notice must be filed within 90 days.

If the driver leaves the scene (also known as a hit and run) you may still be covered under your vehicle’s insurance or the insurance of someone in your household. This would fall under Uninsured Motorist benefits, which would ‘take the place’ of the insurance company of the other driver. Uninsured Motorist benefits would provide compensation for any pain or suffering caused by the car that hit you.

In some cases, the pedestrian may be found partially at fault. If they weren’t using a crosswalk or crossed against the traffic light, they may be held partially responsible. If you do cross against the traffic light, it is your responsibility to ensure the road is clear before you step onto the street. If you step into the path of a moving vehicle, that vehicle may not be 100 percent at fault.

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