Parker Waichman LLP Advocates for the Best Possible Outcome For Their Clients
Auto accident insurance company adjusters and the attorneys who defend insurance companies have one interest in mind: protecting the company. They do not have the pedestrian accident victim’s best interests in mind. That is not to say that the insurance adjusters and insurance defense attorneys are bad people. They have a client or employer whom they serve, and they will do so vigorously.
Auto insurers in New York have used several different methods of trying to reduce the amount of money the company pays out in settlements. One of the so-called “tricks of the trade” that insurance companies often use is approaching the accident victim within a couple of days after the accident and offers a quick settlement. The insurance adjuster may convince the victim that he or she will receive a great financial windfall “without involving any lawyers.”
Settling within a short time frame after a Huntington pedestrian accident only serves the insurance company. The pedestrian accident victim who settles before conducting a thorough and complete investigation, or even before the victim’s injuries have healed and has fully regained his or her strength does himself or herself a substantial disservice. Resolving the matter without speaking to an experienced Huntington pedestrian accident lawyer will prevent the pedestrian accident victim from obtaining a just financial award.
A pedestrian accident victim cannot file a claim for an additional award after he or she agrees to settle the claim. The insurance company will require the victim to sign a written release before the insurance company will issue the settlement check. Absent a showing of fraudulent behavior by the insurance company, the case is over once the release is signed, even if medical bills, surgery expenses, and lost wages continued to mount.
Insurance companies will also try to blame the pedestrian accident victim for the accident. They will try to find evidence of wrongdoing on the victim’s behalf and claim the victim walked outside the boundary of a crosswalk or walked from between cars, catching the motorist by surprise and preventing the operator from stopping in time to avoid striking the pedestrian.
Insurance companies will frequently contest the severity of the victim’s injuries. Some injuries, like a traumatic brain injury, are nearly impossible to deflect, however insurance companies will often claim that the accident did not cause injuries like persistent back pain or a bulging disc. Instead, the insurance adjuster or lawyer might try to show that these injuries happened at another time or are degenerative and have nothing to do with the collision.
Insurance companies are highly skilled at using stalling techniques to delay paying out a substantial sum for damages. Insurance adjusters commonly resort to delay tactics when they believe that the plaintiff has a strong case. Stalling works to reduce the settlement amounts when the victim gets desperate for money to replace the lost wages and pay for medical bills caused by the pedestrian crash.
Alternatively, an insurance company might stall for so long that the plaintiff runs up against the statute of limitations and must file a lawsuit to protect their claim. The insurance company benefits because lawsuits can wind their way slowly through overcrowded court dockets before the case reaches the trial stage.
That is why people injured, or the family of those killed in pedestrian accidents in Huntington need an aggressive, compassionate, and skilled accident attorney from Parker Waichman LLP to fight for their rights and win the compensation they deserve.
Huntington and Suffolk County Pedestrian Accident Statistics
According to the New York State Fact Sheet on Pedestrians in Motor Vehicle Crashes, 320 pedestrians died in New York motor vehicle collisions out of the 1,029 people in total killed in 2016 in traffic accidents. An additional 15,346 people suffered injuries from motor vehicle crashes.
The latest statistics available for Suffolk County are from a few years ago. Although from four years ago, these figures demonstrate that people who walk in Huntington and other locations in Suffolk County are in danger. In the Suffolk County report, an average of two people died, 19 people required hospitalization, and 239 people sought treatment in the emergency departments of Suffolk County hospitals, including Huntington Hospital, for injuries related to motor vehicle collisions.
The carnage on Suffolk County roads creates an economic problem. The average cost for hospitalization after a car accident is approximately $87,000.00. However, the average hospital expense for a pedestrian injured in a car accident exceeds $113,000.00. Nearly seven percent of all accident victims required in-patient rehabilitation. However, over 40% of pedestrian accident victims required hospitalization as a consequence of a traumatic brain injury.
Types of Pedestrian Accident Injuries
Parker Waichman LLP’s lawyers have represented thousands of pedestrian accident victims and have seen all kinds of severe injuries. Anytime a car weighing 3,000 pounds or more collides with the human body, the person will get hurt. Sometimes the injuries are minor, but those instances are rare. The injuries a pedestrian suffers after being struck by a car are frequently catastrophic. Catastrophic injuries not only threaten to take the person’s life, but they can forever alter the person’s life if the victim is lucky enough to survive.
In addition to traumatic brain injuries, Parker Waichman’s pedestrian accident lawyers have served people who suffered injuries such as:
- Wrongful death,
- Dismemberment or amputation,
- Internal injuries including internal bleeding,
- Broken or fractured bones,
- Dislocated joints,
- So-called soft tissue injuries such as sprains and strains,
- Spinal cord damage, and
- Head injuries like concussions and loss of vision.
Causes of Pedestrian Accidents in Huntington, Long Island
Pedestrian accidents can occur in a variety of ways. Sometimes the pedestrian places himself or herself in danger by walking outside of a crosswalk or failing to cross at an intersection. Notwithstanding, pedestrians enjoy the right of way.
In Suffolk County, pedestrian accidents occur when:
- motorists failing to give the right of way to the pedestrian,
- motorists ignore traffic signs,
- motorists drive at excessive speeds,
- driving while intoxicated by alcohol or drugs,
- texting while driving or engaging in any other attention-dividing behaviors, and
- unsafe passing.
Statutes of Limitations in Huntington Pedestrian Accident Legal Claims
The statute of limitations for all accident cases in New York State is three years. A three-year statute of limitations does not mean a pedestrian accident victim can wait until the period nearly expires before filing a claim for damages. A person who suffered injuries in a pedestrian accident must act immediately to preserve his or her rights.
Delaying the decision to file a claim for damages against the parties responsible for the collision is detrimental to the claimant. Failing to take immediate action after a pedestrian accident could result in losing valuable evidence that could never be recreated once it has been lost, such as surveillance videos from traffic cameras or local businesses.
Acting quickly allows a seasoned pedestrian accident attorney from Parker Waichman LLP to interview witnesses and document their account of the incident. This should be done shortly after the crash when the witness’ memories are fresh in their minds.
What Type of Award Could I Receive?
The facts and circumstances surrounding the pedestrian accident will determine the value of the claim. New York law permits people victimized by another’s negligence to collect damages including:
- Medical expenses,
- Future medical costs such as rehabilitative care or a personal care attendant for a person who might be paralyzed or permanently impaired by a traumatic brain injury,
- Lost wages,
- Loss of reasonably expected financial opportunities,
- Value of the loss of limb or impairment of a body part,
- Mental anguish, also known as pain and suffering, and
- Punitive damages in cases in which the responsible party acted recklessly or intentionally.
The next of kin of a person killed in a pedestrian accident can recover funeral expenses, medical costs accumulated before death, conscious pain and suffering, as well as a sum that represents the value of the person’s life.
Helpful Accident Information
The Suffolk County Police Department provides emergency police services and enforcement to Huntington. The Suffolk County Police Department’s Second Precinct is located at 1071 Park Avenue in Huntington. The Second Precinct’s non-emergency phone number is 631-854-8200.
Huntington Hospital serves the Huntington area. The hospital is located at 270 Park Avenue and can be reached by phone at 631-351-2000.
Why Choose Parker Waichman LLP?
Parker Waichman LLP has won numerous national awards and received numerous honors for their unwavering dedication and commitment to seeking justice for their clients. Call 1-800-YOUR-LAWYER (1-800-968-7529) today to schedule an appointment to meet with our Huntington Pedestrian Accident Lawyers at our Port Washington office, or at another location if you prefer. You can also use our online contact form to contact our firm.