Pedestrian Accident


One of the American cities with the worst traffic in New York. Plus, it has the largest population in the nation. For these reasons, compared to other less populous cities, there are a lot more car accidents. Car incidents do not always involve two or more other vehicles. An automobile accident also includes when a pedestrian is struck by a vehicle. Every year, more than 3,000 pedestrians need medical attention after a car accident. Unfortunately, each year, more than 300 people die as a result of a pedestrian car accident.

Most Common Causes of Pedestrian Accidents

There are several causes of pedestrian accidents. These are some of the most common:

  • Distracted Drivers
  • Pedestrian Mistakes
  • Failure to Yield Right of Way
  • Speeding
  • Fatigued driving
  • Bad weather conditions or poor visibility

Other leading causes included backing out of a driveway or parking space without looking, driving drunk, running a red light or stop sign, and aggressive driving.

Pedestrian Injuries Suffered After Being Hit by a Car

Pedestrians commonly suffer severe injuries ranging from broken bones and traumatic brain injury to paralyzing spinal cord injuries and permanent disability. Some of these injuries can have long-term or even permanent consequences. These are some of the most common injuries caused by pedestrian car accidents.

  • Broken bones
  • Spinal cord injuries
  • Sprains and strains
  • Traumatic brain injuries (TBI)
  • Facial disfigurement
  • Loss of a limb
  • Integral bleeding
  • Bruises
  • Friction burns

Holding The Driver Responsible for Your Accident

To be able to hold the driver responsible for your injuries you must demonstrate the following:

  1. The driver of the vehicle that hit you owed pedestrians a duty of care. A circumstance where you have a duty to protect others’ health, safety, and well-being is referred to as a “duty of care.”
  2. The driver breached this duty of care.
  3. The accident in which you got injured was caused because the driver breached the duty of care.
  4. Your injuries are as serious as you claim.

All of these four conditions must be met to hold the driver responsible for your injuries. Evidence is key to being able to get compensation for your injuries. An experienced pedestrian accident attorney can help you build a solid evidence-based case.

Recoverable Damages from Pedestrian Accidents

If you got injured by a pedestrian accident and you can demonstrate that the driver was negligent, you may recover compensation for the following damages

  • Medical expenses
  • Physical therapy
  • Lost wages
  • Transportation costs
  • Any alterations you must make to your home to satisfy any requirements related to your health
  • Housekeeping-related expenses
  • Pain and suffering
  • Mental anguish
  • Loss of companionship
  • Loss of enjoyment of life

A New York City personal injury attorney from Greenberg & Stein, P.C. is ready to meet with you today, even in your home or at the hospital, to discuss the impact that your accident had on your life. We can help you take the first steps toward filing a personal injury claim for your pain and suffering.

Why Work with Greenberg & Stein P.C.

It is estimated that 60,000 pedestrians are injured on average each year in the United States. Even small accidents can be devastating to pedestrians and if you were hit, it is vital that you contact an attorney as soon as possible. You deserve representation and our team can help you obtain the highest amount of compensation available.

When you work with Greenberg & Stein, P.C., you can rest assured that your case will be handled by trusted and highly experienced New York personal pedestrian accident lawyers who have your best interests in mind. You deserve the best possible representation and the highest amount of compensation available, which is why you need to contact our team today and schedule your free and confidential case evaluation as soon as possible. Contact us at 888-716-3843 to schedule a free consultation to review your case.

Commonly Asked Questions about New York City Pedestrian Accidents

I was blamed for a pedestrian accident; am I still able to recover damages in New York?

New York is a comparative negligence state. This means that liability can be shared between the parties involved in the accident. Even if the pedestrian was partially responsible for the accident, they may still recover compensation for their injuries. For example, if the jury determines that in a car accident, the driver was responsible for 60% of the accident and the pedestrian for the remaining 40%, the pedestrian could recover 60% of the total compensation.

Do I Have to Prove the Driver Was at Fault to Get Compensation?

Yes, the only way to get compensation for your injuries is by demonstrating that the driver was negligent and their actions (or lack of action) caused the accident in which you were injured. To demonstrate that the driver was negligent it is necessary to provide enough evidence to support your allegations.

Can I file a lawsuit against the driver who hit me?

Yes, you can file a lawsuit against a driver who hit you. Most car accident claims are settled out of court. However, if you are not able to reach an agreement with the responsible party, you can file a lawsuit to pursue compensation. In most cases, you have three years from the date of the accident to start a lawsuit.

How Much Compensation Can I Recover as an Injured Pedestrian?

The total amount of compensation will depend on several factors. The most important one is the severity of your injuries. If you suffer serious injuries, most likely your medical expenses will be very high. The average pedestrian accident claim settlement is between $36,000 and $70,000. However, every accident is unique. A pedestrian accident attorney can help you accurately calculate the worth of your case.

How Long Does it Take to Settle a Pedestrian Accident?

The times it takes to settle a pedestrian accident can vary a lot depending on your recovery time. You want to make sure that the settlement amount will be enough to cover your present and future medical expenses. Therefore, you may need to wait some time until your doctors have a good idea of the cost of your future medical expenditure. Typically, pedestrian accidents take between 1.5 to 2.5 years to settle. But once again, every case is unique and things can significantly vary depending on your injuries.

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