Yesterday I was crossing an intersection by my home. I had the walk sign. I was struck by a driver who was turning the corner while I was already halfway across. The police responded and the man remained on the scene. There were witnesses who I believe gave statements to the police.
I was first attended to by the fdny and later an ambulance crew.
I will be out of work and will lose my wages for the time I am unable to work. I am a single mother with children who count on me for paying bills, rent and providing food on the table.
I will also be effected for quite a time by this because my job requires me to be on my feet for my entire shift. I work at starbucks and will be unable to perform my job the same as I was before this man's reckless hitting of a pedestrian.
You can make file a lawsuit if you sustained serious injuries that will require medical care and lost time from work. You are also entitled to No Fault benefits. You should contact an attorney as soon as possible as there are time limitations for no Fault benefits(and ultimately to file a lawsuit). If you have any questions, feel free to call.
Regardless of fault, by law the vehicles insurer is obligated to cover medical expense in accordance with no fault rates and wage loss capped at 2000 dollars per month until 50000 in benefits have been paid. If you were in the crosswalk with the walk sign in your favor I would consider this to be a full liability case and you would have the right to claim damages for pain and suffering if the injuries meet New York states serious injury threshold. If you wish to discuss that aspect further I can be reached at 845 294 1060. Good luck Jim Cupero
The answer to your question is yes, you will be able to sue this person who struck you with his as you were crossing the street.
The more relevant inquiry, however, is whether you will be able to successfully recover any money from this lawsuit. That question depends upon two things here in New York: (1) liability, meaning whether or not you can hold the other person responsible for what happened; and (2) damages, or in this case what is the value of the injuries you sustained.
As to liability, based upon the facts that you have provided it seems as though the other person would most if not all of the responsibility for this accident. However even if somebody is found to be negligent and responsible for a car accident in New York, that does not guarantee a money recovery because you must still prove the seriousness of your injuries.
The law in New York state is based upon a no – fault statute which covers medical payments for those people who are injured in automobile accidents, as well as time out of work and other relevant out-of-pocket expenses. In return for this coverage, the law says that before you can recover money damages from an automobile accident for injuries, you must prove that those injuries are "serious".
You have mentioned that you may have a problem returning to work and that you are experiencing some pain and limitations at this point. These issues and problems may very well be "serious" under New York law however we are unable to say with any certainty at this time. My strong suggestion. is that you immediately contact a local attorney for a free consultation so that your rights can be explained and protected, if necessary. many firms, including mine, offer free consultations over the phone.
You have already received a number of responses, many of which have been from out of state attorneys, who may or may not understand the particulars of of the New York Insurance law.
Your question was "Can I sue someone who hit me while I was crossing an intersection". The answer is "Yes". The next question, however, is actually more important which is - What is the likelihood of recovery?.
In your particular case, assuming you were struck in the crosswalk and the driver is proved to be at fault, any recovery against a third party will be governed by several factors, including the following:
1) the availability and amount of insurance;
2) the severity and permanency of your injury;
3) whether your injury is a qualifying injury under the Insurance law.
Regardless of whether or not your injuries are significant enough to qualify as a "serious injury" within the context of a 3rd party lawsuit , however, New York Law mandates that automobile insurers provide medical and lost wage benefits to an individual who was injured by in an automobile accident.
I hope this was helpful. Please feel free to view our website at www.justice1.com.
Alfred C. Laub
AV Rated by Martindale Hubbell
LAUB DELANEY, LLP
277 Tarrytown Road
White Plains, New York 10607
Committed to Helping People Reclaim Their Lives
You are entitled to compensation for all of your lost wages, medical expenses and some other out-of-pocket expenses from the driver's insurance company, without reqard to fault or the seriousness of your injury. You should consult with an experienced personal injury attorney to see if you qualify for a recovery for your pain, suffering and loss of enjoyment of life.
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