Trial Talk Insights: What to Do When Hit by a Car
Can You Sue if Hit by a Car?
If you're hit by a car, you may be entitled to sue. In New York, the law requires that drivers exercise reasonable care to avoid hitting pedestrians. If a driver is negligent or violates the rules of the road, you can pursue a claim. Particularly in New York City, pedestrian protection is strong. For example, if you're in a crosswalk with the walk signal, a turning vehicle is required to yield to you. Many drivers unfamiliar with New York’s rules might turn without realizing pedestrians in the crosswalk have the right of way. If a driver hits you under these circumstances, they are typically at fault, and you can sue. In some cases, a driver may even face arrest for failing to exercise due care, though this is rare.
Crosswalk or Not: Does it Affect Your Case?
Even if you're not in a crosswalk, you can still sue if the car was negligent. However, if you're crossing outside the designated area, you may not have the right of way, and you could be partially at fault. In New York, comparative fault laws come into play—your compensation will be reduced according to your percentage of fault. If a jury determines you're 50% at fault, your compensation will be halved. In such cases, settlement discussions are often based on a rough estimation of potential jury outcomes.
The Importance of Reasonable Driving Speed
New York City has a 25 mph speed limit, which allows for quicker reactions when pedestrians unexpectedly step into the street. However, if a driver is speeding, even if they are not fully at fault, they may be responsible for the accident. It's essential for drivers to maintain a safe speed and be alert, especially in pedestrian-heavy areas like Manhattan.
When a Pedestrian Is More Than 50% at Fault
While it's rare, there are situations where a pedestrian could be found more than 50% at fault, such as running into the side of a car or darting out unexpectedly. However, most pedestrian accidents do not involve such scenarios.
Who Pays for Your Medical Bills?
If you're hit by a car, the insurance company of the vehicle that hit you is responsible for covering your medical bills and lost wages. However, you must submit an application to the insurance company within 30 days of the accident. If you miss this deadline, the insurance company could deny your claim. If you are unable to submit the claim due to a lack of information (e.g., you don’t have the car’s details), you may still be able to file if you can provide a reasonable excuse, such as needing time to gather the necessary details from the police report.
Accidents Involving Buses: The Extra Complexity
If you're hit by a bus in New York City, the process becomes more complex. Buses are operated by public authorities, so to file a lawsuit, you must submit a "notice of claim" within 90 days of the accident. The public authority operating the bus—such as the New York City Transit Authority or the MTA Bus Company—must be identified accurately to avoid complications. If you miss the 90-day deadline or file with the wrong entity, you may need to petition the court for approval to file a late notice of claim. However, this can be a lengthy and complex process, which is why hiring an experienced attorney is essential.
Challenges with Bus Companies and Public Authorities
Dealing with bus companies and public authorities can be incredibly challenging. For instance, the New York City Transit Authority is known for being particularly difficult to work with. Calls often go unanswered, and claims are frequently stonewalled. In such cases, having an attorney who knows the proper steps—such as ensuring claims are submitted correctly and dealing with slow-moving agencies—is crucial to moving the case forward.
Hit and Run Accidents: Your Rights and What to Do
Hit and run accidents present their own set of challenges. Most of the time, the driver who hits you will not be identifiable. However, if you own a vehicle or someone in your household does, you may be able to claim insurance through your own policy under the "uninsured motorist" provision. This applies even if the driver was unidentified.
If you do not own a car, New York State offers a safety net called the Motor Vehicle Accident Indemnity Corporation (MVIAC). This public fund provides the minimum benefits to victims of hit and run accidents. However, to qualify for MVIAC benefits, you must contact the police within 24 hours of the incident and ensure the accident is properly documented. If you miss this window, your claim may be denied.
The Importance of Immediate Action After an Accident
Many people don’t feel the full extent of their injuries right away, but failing to seek medical attention promptly can hurt your case. Insurance companies often argue that delays in seeking treatment show that the injuries weren’t severe or were caused by something else. It’s crucial to get medical care and document your injuries as soon as possible.
If you wait too long to seek treatment, you may weaken your case and risk having your claim denied. Insurance companies will always take advantage of delays to avoid paying out on claims.
When to Contact an Attorney
If you're involved in a pedestrian accident, it's essential to contact an attorney as soon as possible. An experienced attorney can help ensure that you meet all necessary deadlines, get your medical treatment covered, and navigate the complexities of dealing with insurance companies or public authorities. If you’re hit by a car, document as much as you can, including taking a photo of the license plate if possible.
The Rising Issue of Hit and Runs in New York City
Unfortunately, hit and run accidents are becoming more common in New York City. With issues such as drivers using fake plates or fleeing due to DUI, these accidents are harder to track. If you find yourself in a hit and run situation, it’s crucial to contact a lawyer who can navigate the time-sensitive process and help ensure you get the compensation you deserve.
Conclusion
When dealing with pedestrian accidents, whether it's a hit and run or an accident involving a bus, it’s essential not to delay and to seek experienced legal help as soon as possible. Time limitations and procedural requirements make it critical to act quickly. Don’t try to handle it alone—an experienced attorney can help you get the compensation you deserve.
Thanks for tuning into Trial Talk. If you or someone you know is involved in a pedestrian accident or needs legal advice, don’t hesitate to reach out to newyorktriallawyers.org.
