Pedestrians are all too often the victims of motor vehicle accidents. The human body is no match for the steel of a moving vehicle. If you have had the misfortune of being struck by a motor vehicle, it is important that you be aware of and exercise your legal rights. It is also important that you exercise those rights as soon as possible so that you do not miss any of the numerous time limitations involved.
Know Your Rights as a Pedestrian
Unfortunately, a pedestrian accident in New York City has become an all-too-common occurrence. However, injured pedestrians should not be concerned that they cannot afford to receive the necessary treatment. New York State’s “Comprehensive Motor Vehicle Insurance Reparations Act,” commonly known as the “No-Fault Law,” provides insurance coverage to pedestrians to pay for their hospital and medical expenses, and for their loss of earnings. This coverage is provided by the insurance company of the motor vehicle that struck the pedestrian. The insurance applies whether or not the pedestrian has health insurance.
Under the no-fault law, a person can see a specialist, such as an orthopedist or a neurologist, without obtaining a referral from a primary care provider. The injured pedestrian can see any specialist who agrees to accept the “no-fault” insurance rate of payment. Pedestrian accident victims must bear in mind that the law requires that an application for no-fault benefits be submitted within 30 days of the date of the accident. This is one of the shortest time limitations in the law and makes it crucial that legal help is sought as soon as possible.
Pedestrians may also be entitled to recover for their pain and suffering if their injuries qualify as a “serious injury” as defined in the Insurance Law. The “serious injury” requirement is frequently difficult to navigate and laden with potential traps that can prevent accident victims from receiving compensation for their pain and suffering. The Vehicle and Traffic Law of New York makes the safety of pedestrians a priority. Section 1146 of the law requires that due care be exercised to avoid colliding with a pedestrian notwithstanding any other provision of the law.
Learn More about Pedestrian Accident Litigation in New York City
Obtaining legal representation as promptly as possible may be essential to protecting your rights if you have been the victim of a pedestrian accident, whether it comes to timely filing necessary paperwork or dealing with the requirements of receiving compensation for pain and suffering. Get the experienced attorneys at Levine & Slavit, PLLC on your side so you and your family are able to receive the full rights the law provides. Please contact our New York City lawyers at (212) 687 2777, we are waiting to help you with your pedestrian accident case.