Pedestrian accidents

Pedestrian accidents

Pedestrian Accident Attorney

New York City is a hive of activity, with its busy streets, dynamic atmosphere, and continual flow of people and cars. However, this packed environment offers considerable hazards to pedestrians, making pedestrian accidents all too common. A pedestrian collision can result in severe injuries, costly medical bills, and mental anguish. In such difficult circumstances, retaining the services of an experienced New York pedestrian accident lawyer is critical. These attorneys specialize in defending pedestrian accident victims, campaigning for their rights, and providing appropriate recompense for their injuries and losses. Out of all the traffic-related accidents in New York, 8% are pedestrian accidents. Nonetheless, pedestrians tend to suffer more severe injuries than the passengers of vehicles. Fortunately, in 2022 pedestrian accident fatalities decreased by 6.6%, which is a big improvement compared to the rest of the country. 

The Importance of Hiring an Experienced New York Pedestrian Accident Attorney

Being in a pedestrian accident may be a stressful and life-changing event. Accidents can occur due to a variety of circumstances on New York’s busy streets, where people and automobiles share limited space.

If you or a loved one has been harmed in a pedestrian accident, you must immediately contact an expert New York pedestrian accident lawyer. 

A pedestrian accident attorney will thoroughly investigate your case to determine the compensation you deserve for your injuries.

Furthermore, your attorney can gather all the evidence necessary to build a solid case while you recover from your injuries. In some cases, it might even be necessary to interview witnesses. Insurance companies can be hard to deal with. These companies will usually offer unfair settlement amounts. A lawyer does not only know exactly how much money you should receive but they are also very capable when it comes to negotiating with insurance firms. You may be confident that you will obtain the compensation you deserve in this manner. 

What Should I Do Immediately After a Pedestrian Accident?

Following a pedestrian collision, the first priority is to seek medical assistance for any injuries incurred. Even though the injuries appear small at the moment, it is critical to have a comprehensive medical assessment because some injuries are not immediately visible.

It is also critical to notify the authorities and collect as much evidence as possible, including pictures, witness accounts, and any accessible security footage. Finally, make sure to contact an experienced pedestrian accident attorney. Even though it is not required to hire a lawyer, it is highly advisable if you want to increase your chances of getting fair compensation. 

When Do I Need a Lawyer for a Pedestrian Accident?

While not every pedestrian accident necessitates legal counsel, there are several circumstances in which engaging a New York pedestrian accident lawyer is strongly advised. If you have sustained serious injuries, such as fractures, head trauma, spinal cord injuries, or internal organ damage, you should seek the services of an attorney.

Furthermore, if there is a disagreement over culpability or if the insurance company is denying or undervaluing your claim, an attorney can assist you in protecting your rights and ensuring proper pay.

Who Is Liable for a Pedestrian Accident?

Determining liability in a pedestrian accident can be complex. In New York, both drivers and pedestrians have a duty of care to exercise reasonable caution and adhere to traffic laws. However, the primary responsibility often falls on the driver of the vehicle involved in the accident. Factors such as speeding, distracted driving, drunk driving, failure to yield, and disregard for traffic signals can contribute to driver negligence. In some cases, pedestrians may also share some degree of liability if they were jaywalking or not following traffic rules.

New York, fortunately, is a no-fault state. This implies that if you were harmed by a car, you do not need to establish negligence on the part of the driver in order to claim compensation for your injuries. To be paid for your losses, you must make a claim with your own insurance carrier if you or someone in your home has automobile insurance (even if you were not driving).

Remember that no-fault compensation only covers medical bills, missed earnings, and certain out-of-pocket expenditures. This implies you cannot seek compensation for property damage or non-economic losses such as pain and suffering.

If you have no insurance at all, there are other options that you can explore to get fair compensation for your injuries; however, if that is your case, seeking legal counsel from an attorney is crucial.

Types of Pedestrian Accidents in NY

Pedestrian accidents can happen in a variety of ways. Understanding the various sorts of accidents can assist victims and their legal representation in constructing a stronger case. Among the most common forms of pedestrian accidents in New York are:

  • Backing-up accidents: These incidents occur when a car reverses and strikes a pedestrian, which frequently occurs in parking lots or driveways.
  • Vehicle collisions: Pedestrians can be hit by automobiles at junctions, when crossing the street, or when a vehicle loses control and veers onto the sidewalk.
  • Crosswalk accidents: Pedestrians walking in authorized crosswalks may be struck by cars that fail to give the right of way.
  • Jaywalking Accidents: People who cross the street outside of specified places are more likely to be hit by a car.

The Most Common Causes of Pedestrian Accidents in NY

Understanding the common causes of pedestrian accidents can shed light on the factors that contribute to these unfortunate incidents. Some of the most common causes include:

  • Speeding: Drivers who exceed the posted speed limits have reduced reaction times and may be unable to stop in time to avoid colliding with pedestrians.
  • Distracted driving: Texting, chatting on the phone, eating, or utilizing in-vehicle entertainment systems draw a driver’s attention away from the road, increasing the danger of colliding with pedestrians.
  • Drunk driving: Operating a vehicle under the influence of alcohol or drugs impairs judgment, coordination, and reaction time, making it more likely for a driver to cause a pedestrian accident.
  • Fatigued driving: Drivers who are drowsy or fatigued may experience reduced alertness, slower reaction times, and impaired decision-making abilities, leading to accidents involving pedestrians.
  • Poorly marked crosswalks: Insufficient or faded markings in crosswalks can create confusion for both drivers and pedestrians, increasing the chances of accidents.
  • Unsafe turning: Drivers who fail to yield the right of way when making turns at intersections or fail to signal their intentions can cause collisions with pedestrians.
  • Poor visibility: Factors such as inadequate street lighting, obstructions, or inclement weather can reduce visibility for both drivers and pedestrians, increasing the risk of accidents.

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.

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.

What if I am at Fault?

As previously mentioned, New York is a no-fault state. This means that regardless of who is at-fault in an accident, each party has to file a claim with their own insurance provider. However, if the pedestrian does not have access to any form of insurance coverage, there are other ways to receive compensation. 

Nonetheless, it is possible to step out of the no-fault system. In New York, the condition to be able to sue a driver is that the injured party suffered a “serious injury”. These serious injuries include but are not limited to:

  • Death
  • Dismemberment
  • Significant disfigurement
  • 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
  • Medically determined injury or impairment that prevents the injured person from performing substantially all of the material acts that constitute their usual and customary daily activities for not less than 90 days during the 180 days immediately following the accident.

If your case satisfies the condition to step out of the no-fault system, you may be able to file a lawsuit against the at-fault party. However, when doing this, you must prove that the other party was negligent and that their carelessness caused the accident. If you are partially at-fault for the accident, your compensation will be reduced by the percentage of culpability that you have.

In other words, if the accident occurred because the driver was distracted but the pedestrian was also jaywalking, the judge may determine that the pedestrian was liable for 30% of the accident. Therefore, their compensation will be reduced by 30%.

How Long Do I Have to File a Pedestrian Accident Lawsuit in NY?

The statute of limitations in New York for filing a pedestrian accident lawsuit is three years from the date of the accident. However, it is critical to speak with an experienced pedestrian accident lawyer as soon as possible to guarantee compliance with all legal regulations and to enable adequate time for investigation and case preparation.

Keep in mind that this time frame does not apply to government agencies. If you have been involved in an accident with a vehicle owned or operated by a government institution, the requirements and deadlines for these kinds of cases are different. Speak to an attorney as soon as possible to learn more about your legal options.

How Much Can Someone Sue for a Pedestrian Accident? 

The amount of compensation available in a pedestrian accident case is determined by a number of criteria, including the extent of the victim’s injuries, medical expenditures, lost income, pain and suffering, and the impact on the victim’s quality of life.

Every case is different, and the potential worth of your claim should be evaluated by an expert New York pedestrian accident lawyer who can examine the specifics of your scenario.

What Is the New York City Statute of Limitations for Pedestrian Accidents?

In New York City, the statute of limitations for filing a pedestrian accident lawsuit is generally three years from the date of the accident, similar to the rest of the state. 

How to Choose the Right Pedestrian Accident Lawyer in NY

Several criteria should be considered when selecting a pedestrian accident lawyer in New York to guarantee you get the best legal counsel for your case. Here are some important considerations:

  • Experience and expertise: Look for a personal injury lawyer that specializes in pedestrian accidents. Their expertise in New York laws and legal procedures will be extremely beneficial to your case.
  • Track record: Look into the attorney’s track record and prior case results to see how successful they have been in managing pedestrian accident cases and obtaining good outcomes for their clients.
  • Resources and support: A respectable lawyer should have the resources necessary to properly examine your case and establish a solid argument, such as a team of detectives, accident reconstruction specialists, and medical professionals.
  • Communication and responsiveness: Select a lawyer that stresses open communication, keeps you updated on the status of your case, and answers to your queries immediately.
  • Client testimonials and reviews: Read reviews and testimonials from prior clients to learn about their interactions with the lawyer as well as the firm’s level of service and professionalism.
  • Personal connection: Schedule appointments with possible lawyers to determine your degree of comfort with them. For efficient collaboration throughout the legal process, a solid attorney-client relationship is essential.

Contact Greenberg & Stein, P.C. Today

If you have recently been involved in a pedestrian car accident, we understand that you might be going through rough times. Greenberg & Stein P.C. is a law firm dedicated to helping people who have been injured in all kinds of accidents receive the compensation they deserve. We have a very professional and compassionate team of attorneys who are ready to help you. Our legal team has more than 75 years of professional experience combined. Call us at 888-716-4088. For a free evaluation of your case, contact our firm today!

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