Understanding Pedestrian Rights and Insurance Coverage After a Serious Auto Accident
A real pedestrian accident that happened in Saratoga Springs, New York, understand what steps to take if they or a loved one are ever hit by a car.
Our client—a retired professional—was out enjoying an evening walk with his wife after dinner. As he crossed a Saratoga Springs intersection, following a green pedestrian signal, he was struck by a vehicle making a left-hand turn. While both the pedestrian and the driver had a green light, New York law clearly requires drivers turning left to yield the right of way to pedestrians lawfully crossing the street in a crosswalk.
Unfortunately, the driver failed to yield and struck our client, causing severe injuries. His leg was shattered, requiring multiple surgeries and a long, painful recovery.
Navigating Insurance and Legal Options
Although our client initially wanted to avoid litigation, our job as his legal advocates meant preparing for every possibility. In New York, pursuing a personal injury claim often involves dealing with insurance carriers—and to get a fair settlement, the threat of filing a lawsuit must remain on the table. That’s a crucial part of maintaining leverage during negotiations.
After investigating, we discovered that the at-fault driver’s auto insurance policy didn’t offer enough coverage to fully compensate our client for his injuries. This is where something called Supplemental Underinsured Motorist (SUM) coverage comes into play—a benefit available through your own New York auto insurance policy.
In this case, our client had SUM coverage, which allows injured individuals to seek additional compensation if the at-fault party’s insurance is insufficient. We first settled with the at-fault driver’s insurer for the maximum policy amount, then successfully pursued a second claim through our client’s own insurance, ultimately securing a much more adequate settlement.
Dealing With Medicare Reimbursement
Another important factor was that our client is a Medicare recipient. When Medicare pays for medical treatment related to an accident, it often has a legal right to be reimbursed from any settlement or award. As attorneys, we handled the Medicare lien negotiation process to ensure everything was resolved properly—this step is crucial to avoid complications later on.
Key Takeaways from This New York Pedestrian Accident Case
- Pedestrians have the right of way in crosswalks when crossing with a signal—even if cars are turning left on a green light.
- SUM (Supplemental Underinsured Motorist) coverage can be a critical safety net when the at-fault driver lacks sufficient insurance.
- Legal representation matters. Properly negotiating with insurers—and knowing when to file suit—can significantly impact the outcome.
- If you’re on Medicare, any personal injury settlement must account for potential reimbursement.
Every personal injury case is unique, and while there’s never a guarantee of the outcome, working with experienced legal professionals can help protect your rights and maximize compensation.
Injured in a Pedestrian Accident in New York? Contact Us Today.
If you or someone you love has been hit by a car in New York and suffered serious injuries, we’re here to help. We offer free consultations and are happy to walk you through your legal options.