Can I Sue a Driver Who Ran over My Foot?

Pedestrian accidents injure and kill thousands of people every year in the United States. In 2015 alone, more than 5,000 pedestrians died in traffic crashes, and over 129,000 received hospital treatment for injuries.

Although speeding, distracted driving, and other forms of recklessness account for a significant portion of these collisions, many of them occur when the vehicle is barely moving. When a car runs over a person’s foot, for example, a devastating injury can occur regardless of how fast the vehicle was traveling.

These injuries are especially common in urban centers like New York City, where the crosswalks are always crowded and traffic inches along at a snail’s pace. They can also happen right after people step out of taxis and Uber vehicles.

If a motorist ran over your foot, contact Charnas Law Firm to find out if you have grounds for a personal injury claim. Attorney Scott Charnas represents injured people throughout New York and Massachusetts and has recovered nearly $50 million in successful settlements and verdicts. Call 212-980-6800 to schedule a free case evaluation with a pedestrian accident lawyer in New York City.

Here’s what you need to know about suing a driver who ran over your foot:

Proving Fault

 Barring cases that involve strict liability, negligence is the foundation of every successful personal injury claim. That means in order to recover compensation for the damages you incur, you must prove the motorist breached the duty of care owed to you as a pedestrian.

As long as you were following right-of-way laws when the accident happened, proving fault should be relatively straightforward. If you were violating the rules of the road when the incident occurred—by crossing outside of a marked crosswalk, for example—you may be considered partially liable; however, under New York’s pure comparative negligence system, it may still be possible to recover compensation for your damages. Your settlement or verdict might simply be reduced by your own percentage of fault.

 Proving Damages

 If a motorist ran over your foot, it is essential that you save all documentation regarding your injuries from day one. This includes diagnostic images, pharmacy receipts, and medical bills. You should also photograph the limb in question every day to record the healing process.

These documents will help your attorney prove damages. Other essential evidence might include pay stubs to document missed work, home care invoices, and receipts for medical equipment such as crutches. Your personal injury attorney will use all of this evidence to calculate a fair settlement amount.

 Discuss Your Case with a Pedestrian Accident Attorney in New York City

If you sustained serious injuries after a motorist ran over your foot, turn to Charnas Law Firm for comprehensive legal guidance. Scott Charnas requires no money upfront and does not charge a retainer to take advantage of his legal services. Call 212-980-6800 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in New York City.