12/12/2012 // New York, NY, USA // New York Injury Accident Lawyer // Jonathan C. Reiter // (press release)
A motorcycle struck and critically injured a 30-year old man on a Queens street in a NY pedestrian accident on August 26, 2012. The operator of the motorcycle, who had been drinking prior to the incident, ran a red light at the intersection of Steinway Street and Broadway, striking the pedestrian who was crossing Steinway Street. The operator of the motorcycle was charged with driving a motor vehicle while impaired and vehicular assault. The pedestrian was taken to Elmhurst Hospital Center following the accident where he was listed in critical condition.
According to Manhattan pedestrian accident attorney, Jonathan C. Reiter, who has handled many pedestrian knockdown accidents, when a case involves a pedestrian crossing the street, presumably in the crosswalk, and is struck by an impaired operator of a vehicle, the resultant injuries can be extensive and severe, as in this case. Mr. Reiter stated: “the issues in this case, are not necessarily liability, since the pedestrian had the right of way, and the motorcycle ran a red light, and therefore, the motorcycle is 100% liable for the injuries sustained by the pedestrian. The larger issue at hand concerns the lack of no-fault coverage for motorcycles in New York. Therefore, the medical and hospital bills, along with lost wages (commonly referred to as basic economic loss) are not covered in this situation, unless the pedestrian owns a car or an immediate family member who lives in the same household owns a car. Moreover, as most motorcycles carry only the statutory minimum coverage of $25,000 per person or $50,000 per accident, if the pedestrian’s own insurance or household member’s insurance may have coverage that would be higher, therefore, ensuring an adequate amount of coverage for both basic economic loss and pain and suffering for serious and permanent injures proximately caused by the negligence of the motorcyclist. This type of coverage is called UM, or underinsured motorist, and is clearly the most important coverage a person can carry in New York at this time.”
Mr. Reiter clearly feels that these type of accidents, due to the lack of adequate coverage of the person causing the accident, create an unfathomable situation for the victim of the accident, in that the victim is not only rendered sick, lame and disabled by the accident, but often comes home to massive hospital and medical bills. The only protection against these egregious situations according to Mr. Reiter is “to read your car insurance policies and make sure that you have the highest amount of UM coverage available to you. We can also hope as New Yorkers, that the State Legislature passes laws that addresses this situation, and finally raises the minimal insurance coverage, as well as requires the same no-fault coverage for motorcycles in the future as it presently requires for cars and other motor vehicles.” Unfortunately, for the young man involved in this accident as a pedestrian, one can only hope that there is some insurance coverage available to him under such trying and tragic circumstances.
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