New York City Personal Injury Law Blog

Killed by School Bus in Upper East Side, Woman’s Family Seeks Pedestrian Accident Compensation

Posted on May 23, 2014 in Bus Accidents

On behalf of Rosenberg, Minc, Falkoff & Wolff, LLP

Police officials said that a woman, who has not yet been identified died after being hit by a school bus as she was crossing Second Avenue near E. 93 Street. According to witnesses the driver of the bus that was carrying six children was trying to cross at a yellow light before it turned red. He failed to see the pedestrian probably because of the construction barriers in place that obstructed his view.

The children in the bus were escorted out and away from the scene of the accident. Police have not arrested the driver of the bus, who stayed and cooperated with the officials for the investigation.

Pedestrian Accident Compensation

When a pedestrian is injured or killed by a motor vehicle, then the accident is still considered a motor vehicle accident for insurance purposes. If you are a pedestrian who has been injured in an automobile accident, you can still file a claim for compensation for the treatment of the injuries you have sustained.

For this you need to retain the services of a personal injury lawyer in New York who can negotiate a fair settlement from the insurance companies. In the event that a pedestrian dies in an auto accident in New York, the family of the dead person can sue the negligent driver and the insurance company for compensation for wrongful death.

No-Fault Compensation

Under New York law a pedestrian injured in an automobile is also eligible for compensation. Even if the accident is not declared to be the fault of the driver of the vehicle involved, the pedestrian and other injured in the accident can claim compensation under the no-fault compensation clause. According to this, the injured person is entitled to receive compensation to meet the treatment of serious injuries up to a limit of $50,000 even if there is no at-fault driver.

Yes this is very surprising but it is indeed true.

Statute of Limitations

New York has a statute of limitations that states that a person injured in an automobile accident must file a suit for financial compensation within three years of the injury being sustained. This makes it vital that any person who is injured in an automobile accident in New York contacts a personal injury lawyer in this city as soon as possible. This will provide the lawyer with sufficient time to investigate the evidence, negotiate with the insurance adjuster, and file a case if needed.

Medical Records

If you have been injured in a vehicle accident in New York, you need to ensure that you maintain all the medical and financial records pertaining to it in order to claim the compensation due to you. Whether your personal injury lawyer succeeds in negotiating a settlement with the insurance company or needs to file a case in court, the medical records and the medical bills will help prove the claim for financial compensation. In addition to covering your medical bills, the financial settlement will also compensate you for lost wages and/or income.

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