I hope you are okay and are able to make a full and fast recovery.
Based on your brief description, you have the basis for a claim against the other driver. Make sure you notify the insurance company for the other driver that you want No Fault coverage. No Fault will pay for your lost wages, medical expenses and related expenses.
You may have a claim for additional damages beyond No Fault. Sun glare is not a valid defense. In the case of Lifson v. City of Syracuse, the New York Court of Appeals determined that glare from the setting sun should be anticipated by a driver and cannot be used as an excuse for striking a pedestrian. [removed]
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Assuming you have taken care of your physical needs at this point, hire yourself a personal injury attorney on MONDAY!! Do not talk to anyone before you get that done -- to include the insurance carrier for the driver that hit you!
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Sorry for your injuries. Based upon these facts, in my view, the driver is 100% at fault. Please do not speak with this drivers insurance company. They will only try to manipulate or contort the facts. All the best. Jeff.
Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff
You should see a doctor and consult with a personal injury lawyer asap.
I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
We just resolved a case where the driver asserted that the sun was in her eyes. Under Washington law--and I suspect the law of most states--this is not a defense.
The lack of summons does not mean you do not have any legal recourse. Based on what you have described it sounds like you have a legitimate case and you should retain counsel as soon as possible. Our office provides free legal consultations, as do most personal injury attorneys. There are a variety of time frames that come into play so if you would like to pursue this you should do so quickly. [removed]
[removed] If sun glare was so bad that the driver could not see then she certainly should not have proceeded driving the car. Liability in this situation is clear. The only issue will be whether you sustained a serious injury under the law and the permanency of your injuries. Best of luck.
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See an attorney asap
This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during a consultation. Your rights and obligations may vary depending upon facts not disclosed in your question. Therefore, you should contact an attorney immediately so that your interests are properly protected.
In NY, the courts have repeatedly held that a claim of 'failure to see due to sun glare" is not an acceptable defense in almost any instance for being involved in an accident. That is because the law requires each driver to operate his/her vehicle in a reasonable manner under the circumstances then prevailing. As such, if there is a condition that affects the ability to see, one most be more cautious before proceeding to turn, than usual. The fact that a summons was not issued, or at least not yet, does not diminish any claim you have. As this happened in NY, you should file a No-Fault claim with the woman's auto insurance carrier [and if you owned a car as well I would also file a no-fault claim with your own carrier for protective purposes]., so as to get the hospital bill and any additional medical bills had or that will be had, paid. GET YEE TO A PERSONAL INJURY ATTORNEY IMMEDIATELY and without delay. Not only does the no-fault application have to be filed within 30 days of the accident or you can lose no-fault benefits, but there are other things the attorney can do right away that will protect your rights.
I suggest that you contact an experienced personal injury attorney so that they can evaluate your case. Most personal injury attorneys will provide a free consultation. You do sound like you have a good case to recover for your injuries.
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She has a liability problem and you have a serious claim. Retain an attorney now. An investigator with field experience should be used by your counsel to investigate and recreate the visionary field.
The responses provided to your questions are not legal advice, do not create any attorney client relationship, and are provided for informational purposes only.
Make sure you speak to an experience personal injury attorney as soon as you are feeling better. Hopefully you called the police and they responded to the scene and issued a report too.
The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.
I would not be concerned about whether the driver was issued a summons. Without knowing full details, I would expect the other driver to be largely responsible for this accident if they failed to yield the right o fway to you. Be aware of the 30 day deadline for no fault benefits for your medical bills and wages if applicable. You should hire a qualified personal injury attorney.
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