Walking along bustling streets like Central Avenue, Lark Street, or Pearl Street in Albany, pedestrians face the ever-present risk of being struck by a vehicle. If you or a loved one has been injured in a pedestrian accident, an experienced Albany pedestrian accident lawyer at William Mattar Law Offices can help you navigate the complex legal process and fight for the compensation you deserve.
Our dedicated team understands the unique challenges faced by pedestrians in the Capital Region and is ready to stand by your side every step of the way. Don't wait—contact William Mattar Law Offices today for a free consultation with our Albany pedestrian accident lawyers.
Why Choose William Mattar Law Offices for Your Pedestrian Accident Case?
At William Mattar Law Offices, our pedestrian accident lawyers commonly handle cases involving residents hit by reckless drivers. When Albany cars or trucks strike the body of a pedestrian, serious injuries can put that person in the hospital for a week or longer. Some injuries can be life-altering and require long-term medical care or treatment.
Our experienced pedestrian accident attorneys understand how important it is for accident victims to receive maximum compensation for their damages. We can help you pursue a case if you were struck by a car. Available 24 hours a day, seven days a week, our attorneys offer free consultations to discuss your case and your options for financial recovery.
Should I Accept the First Offer From the Insurance Company After an Albany Accident?
It’s generally not advisable to accept the first offer from an insurance company after a pedestrian accident or any other type of personal injury, for several reasons. When you're involved in a pedestrian accident, the insurance company representing the at-fault party may quickly offer you a settlement. While it might be tempting to accept this initial offer and move on with your life, it's crucial to understand that doing so may not be in your best interests. Insurance companies are for-profit businesses, and their goal is to minimize payouts. As a result, their first offer is often significantly lower than what your claim is truly worth.
Moreover, accepting an early offer can be particularly risky because the full extent of your injuries may not be immediately apparent. Some injuries, such as traumatic brain injury or spinal cord injuries, may take time to fully manifest, and the long-term impacts on your health and well-being may not be clear right away. By accepting a quick settlement, you may be left without adequate funds to cover future medical expenses, lost wages, and other damages.
It's important to remember that you have the right to negotiate with the insurance company, and you are not obligated to accept their first offer. An experienced pedestrian accident lawyer can be invaluable in this process. They can evaluate your case, determine the fair value of your claim, and negotiate with the insurance company on your behalf to seek a settlement that fully compensates you for your losses. Additionally, a skilled attorney can help you understand the various types of damages you may be entitled to, such as pain and suffering, emotional distress, and loss of enjoyment of life, which may not be included in the insurance company's initial offer.
Before accepting any settlement offer, it's in your best interest to consult with a knowledgeable personal injury lawyer who can protect your rights and fight for the compensation you deserve. Remember, insurance adjusters are trained to settle claims quickly and for as little as possible, so having a dedicated legal advocate on your side can make all the difference in ensuring that you receive the full and fair compensation you need to move forward after a pedestrian accident.
Albany Pedestrian Accident Injuries
Pedestrians struck by vehicles can suffer catastrophic injuries. The tremendous impact of a vehicle colliding with the body of a pedestrian can cause lacerations, internal damage to organs, traumatic brain injuries, and broken bones. Depending on how fast the car was traveling, the pedestrian can also suffer severe facial/dental injuries, requiring reconstructive surgeries.
If you have suffered serious physical harm because you were hit by a vehicle while walking in Albany, contact William Mattar Law Offices today by calling 844-noswap444-4444.
Do I Have Grounds to Bring a Pedestrian Accident Lawsuit?
Negligence is a legal concept that forms the basis for most personal injury cases, including pedestrian accidents. In simple terms, negligence refers to a person's failure to exercise reasonable care in a given situation, resulting in harm or injury to another person. When a person's negligent actions or inactions cause injury to a pedestrian, the injured party may have grounds for a personal injury lawsuit.
To have a successful pedestrian accident lawsuit based on negligence, four essential elements must be established:
- Duty of care: The first element is to prove that the defendant (the person being sued) owed a duty of care to the plaintiff (the injured pedestrian). In the context of pedestrian accidents, drivers have a duty to operate their vehicles safely and follow traffic laws to avoid causing harm to others on the road, including pedestrians.
- Breach of duty: The second element involves showing that the defendant breached their duty of care. This means that the defendant failed to act as a reasonably prudent person would have acted under similar circumstances. Examples of breaching the duty of care in a pedestrian accident case may include speeding, running a red light, or failing to yield the right-of-way to a pedestrian in a crosswalk.
- Causation: The third element requires demonstrating that the defendant's breach of duty directly caused the plaintiff's injuries. In other words, the plaintiff must show that their injuries would not have occurred if not for the defendant's negligent actions or inactions.
- Damages: The final element necessitates proving that the plaintiff suffered actual damages or losses as a result of the defendant's negligence. Damages in a pedestrian accident case may include medical expenses, lost wages, pain and suffering, emotional distress, and other related costs.
To have a strong pedestrian accident claim, it's essential to gather evidence that supports each of these four elements of negligence. This may involve collecting witness statements, photographs of the accident scene, police reports, medical records, and expert testimony. An experienced pedestrian accident lawyer can help you build a compelling case by investigating the accident, gathering evidence, and presenting a strong argument on your behalf.
Laws Regarding Pedestrian Accidents in New York State
Determining fault in a pedestrian-vehicle accident case is not always clear.” Both pedestrians and drivers must exercise reasonable care and obey applicable traffic laws. When drivers fail to exercise reasonable care and strike pedestrians they may be speeding, driving while distracted, driving while intoxicated, or disregarding traffic signals and signs.
In addition, New York drivers may be expected to exercise greater caution while driving by parks, through construction areas, in school zones, and on residential streets.
Whether walking on the sidewalk or street, pedestrians must remain vigilant and anticipate reasonably foreseeable dangers, including traffic accidents. In some cases, pedestrians struck by vehicles who seek compensation may share fault if they did not exercise reasonable care to prevent or reduce injuries.
Comparative Fault
Comparative negligence is a legal concept that comes into play when both parties in an accident, such as a pedestrian and a driver, are found to have contributed to the incident. In New York State, a pure comparative negligence rule is followed, which means that the amount of compensation an injured party can recover is proportional to their degree of fault in the accident.
Here's how comparative negligence works in pedestrian accidents in New York:
- Determining fault: When a pedestrian accident occurs, the fault is assessed for both the pedestrian and the driver. This involves considering factors such as whether the driver was speeding, distracted, or failing to yield the right-of-way, as well as whether the pedestrian was crossing the street illegally, darting out into traffic, or ignoring traffic signals.
- Assigning percentages of fault: Based on the evidence, a percentage of fault is assigned to each party. For example, if a pedestrian is found to be 30% at fault for the accident and the driver is found to be 70% at fault, the pedestrian is considered to be 30% responsible for their own injuries.
- Calculating damages: The percentage of fault assigned to the pedestrian is then used to calculate the amount of damages they can recover. In the example above, if the pedestrian's total damages are $100,000, they would be able to recover 70% of that amount, or $70,000, from the driver.
In pedestrian accident cases involving comparative negligence, it's crucial to have a skilled pedestrian accident lawyer on your side. An experienced attorney can help gather evidence to minimize your degree of fault and maximize your potential compensation. They can also negotiate with insurance companies and present a strong case on your behalf to ensure that you receive the full amount of damages to which you are entitled, even if you are found to be partially at fault for the accident.
Why Should I Hire a Lawyer After an Albany Pedestrian Accident?
If you or a loved one has been injured in a pedestrian accident in Albany, NY, hiring an experienced lawyer from William Mattar Law Offices can make a significant difference in the outcome of your claim. Here are some compelling reasons why you should consider retaining our firm:
Extensive Experience
Our attorneys have decades of combined experience handling pedestrian accident cases in Albany and throughout New York State. We have a deep understanding of the laws, regulations, and local court systems, which allows us to navigate the legal process efficiently and effectively on your behalf.
Personalized Attention
At William Mattar Law Offices, we understand that every pedestrian accident case is unique. We take the time to listen to your story, understand your needs, and develop a tailored legal strategy that aims to maximize your compensation. You will receive one-on-one attention from your attorney, and we will keep you informed at every stage of the process.
Comprehensive Services
Our law firm offers a wide range of services to support you throughout your pedestrian accident claim. From conducting thorough investigations and gathering evidence to negotiating with insurance companies and representing you in court, we will handle all aspects of your case, allowing you to focus on your recovery.
Network of Experts
To build a strong case, we work with a network of experts, which means we may hire accident reconstruction specialists, medical professionals, or economic analysts to strengthen your case. These experts can help us demonstrate the extent of your injuries, the impact on your life, and the full value of your damages.
Contingency Fee Basis
We understand that the aftermath of a pedestrian accident can be financially challenging. That's why we work on a contingency fee basis, which means you pay no upfront costs and we only collect a fee if we secure compensation for you. This arrangement allows you to pursue your claim without added financial stress.
Proven Track Record
Over the years, William Mattar Law Offices has successfully represented numerous pedestrian accident victims, helping them obtain the compensation they deserve. Our team has the skills, knowledge, and resources necessary to take on even the most complex cases and fight for the best possible outcome.
Peace of Mind
When you choose William Mattar Law Offices for your Albany pedestrian accident claim, you can have peace of mind knowing that you have a dedicated, experienced team on your side. We are committed to protecting your rights, advocating for your interests, and helping you secure the compensation you need to move forward after a traumatic event.
Contact an Albany Pedestrian Accident Attorney at William Mattar Law Offices Today
If or a loved one suffered severe injuries because a driver on the road failed to yield the right of way, contact William Mattar Law Offices to schedule a consultation. Don't worry about coming to our office. If your injuries force you to remain in the hospital or at home, we can come to you. If you are looking for a compassionate and caring pedestrian accident attorney, William Mattar Law Offices can help.
Call us anytime at 844-noswap444-4444 to speak to our staff or complete our online consultation form today. We answer calls 24/7 because we know how important it is to get a head start on filing a claim.