When a driver or passenger in a car is injured by a negligent driver, it must be proven that the injured person suffered a “serious injury” to successfully pursue a Rochester personal injury claim.

The same is true of a pedestrian struck by a motor vehicle.
The purpose of the rule that a pedestrian must establish a serious injury is to bar claims based on minor injuries.

Under New York State law, an injury must fit into one of the following categories to be considered a “serious injury”:

death;
dismemberment;
significant disfigurement;
a fracture;
loss of a fetus;
permanent loss of use of a body organ, member, function or system;
permanent consequential limitation of use of a body organ or member;
significant limitation of use of a body function or system;
a medically determined injury or impairment of a non-permanent nature which prevents an injured person from performing substantially all of the material acts which constitute that person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury or impairment.

As a result, a pedestrian who has suffered, for example, a fracture, will automatically be considered to have suffered a serious injury.

For many other types of injuries, however, it will have to be determined whether the injury qualifies under one of the more vaguely defined categories such as “significant limitation of use of a body function or system” or “permanent consequential limitation of use of a body organ or member.”

If you have been struck by a car and hurt, it is recommended that you consult with an experienced personal injury lawyer to determine whether your injuries qualify as a serious injury.

We can be reached at (585) 484-7432.