Compensation for pedestrians struck by motor vehicles in New York

On Behalf of | Mar 5, 2023 | Motor Vehicle Accidents |

Many people walk to get where they need to go in Long Island, even when they own a vehicle. It can be simpler to walk someplace than to try to secure parking and battle traffic, especially if the destination is nearby. There are quite a few people who don’t own a vehicle at all because they rely on a combination of walking and public transportation to get everywhere they need to go.

Pedestrians save money and also help reduce some of the traffic congestion around New York. There are also health benefits to increasing the number of steps someone takes each day. However, the average pedestrian does have to accept some degree of risk each time that they set out on foot.

Anytime a pedestrian steps into the street, they could end up struck by a motor vehicle and severely injured as a result. What financial protections help to safeguard pedestrians who have been injured by drivers in New York?

The coverage of the at-fault driver

Every driver in New York has to carry some liability insurance in case they cause bodily injury and property damage. A pedestrian hit by a driver would make a claim against that driver’s liability coverage. Unfortunately, such claims are often subject to policy limits and require that a pedestrian locate the at-fault driver to hold them accountable. Those injured in a hit-and-run may not be able to file a liability insurance claim.

The pedestrian’s insurance coverage

Provided that the pedestrian has a vehicle of their own, they have personal coverage that can help cover some of their expenses. Drivers in New York typically have $50,000 in no-fault personal injury protection (PIP) coverage that will pay for specific expenses associated with car crash injuries. PIP coverage can pay for medical treatment and assist with some wage replacement.

A civil lawsuit

When a pedestrian doesn’t have PIP coverage or when their total expenses are higher than the combination of their own coverage and the coverage of the driver that struck them, they may have no choice but to take the person at fault for the crash to civil court. A personal injury lawsuit can help compensate someone for expenses not fully covered by insurance after a crash.

Learning more about the protections available after pedestrian collisions can help those who have been affected by a recent crash. Seeking legal guidance is also often very helpful as well.