New York Pedestrian Accident Attorney – While pedestrian fatalities are on the rise across the country, New York is currently the exception to the national trend. According to a New York Times article, pedestrian fatalities in 2017 were at an all-time low with 101 pedestrian fatalities — the lowest since the city began tracking pedestrian fatalities in 1910.
Although city streets have become less deadly for pedestrians, accidents still occur, often resulting in serious injuries. If you are injured a
New York Pedestrian Accident Attorney
Contact the New York pedestrian accident lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP in New York. Our New York car accident attorneys are fierce advocates for seriously injured pedestrians and will help you fight for justice.
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Hiring a New York personal injury attorney can be a very positive step in getting your family the resources they need and holding the driver accountable. RMFW Law has handled hundreds of personal injury claims and our attorneys will fight tooth and nail using every advantage at our disposal to maximize the monetary compensation you receive.
Our team treats every customer like family and will meet your needs with compassion and a genuine desire to help. We make all decisions based on your needs and interests. Schedule a free appointment with us today.
In New York State, a pedestrian hit by a car is entitled to simple insurance benefits, including medical expenses and lost income. An accident insurance claim must be filed within 30 days of the accident.
Pedestrians have the right of way at a crosswalk. In New York, pedestrians can seek damages when both a car and a pedestrian run a green light and the pedestrian is hit by a car while making a left turn. Pedestrians who are struck by vehicles at unrestricted crosswalks can file injury claims if their actions were open and obvious.
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The types of compensation you can claim after a pedestrian accident generally fall into the following four categories:
These costs can be extensive, and you have the right to seek reimbursement for past, present, and future medical care necessary to help you recover. Some of these costs include ambulance bills, emergency room visits, hospitalizations, surgery, physical therapy, and medical devices.
Many victims of pedestrian accidents are forced to take a temporary or permanent leave of absence from work due to their injuries. You can claim past and future lost wages and benefits, including sick and vacation days, bonuses and other employment benefits.
If you are unable to return to your current position and/or progress in your career due to physical limitations, then you may be able to claim compensation for loss of earning capacity.
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You may be entitled to money for your “pain and suffering” as well as emotional distress. These damages can be controversial because there is no precise standard for measuring them, such as when medical bills are added.
An insurance adjuster or jury must set a monetary amount based on the amount of pain and suffering and emotional and mental distress you suffered. An experienced New York pedestrian accident attorney can help you find an acceptable amount to avoid being shortchanged.
If your injuries prevent you from participating in the daily activities or enjoyment of life that you enjoyed before the accident, then you may be able to claim compensation for loss of normal life or loss of enjoyment of life. An accident may prevent you from providing your spouse with companionship or sexual relations. In this case, your non-injured spouse can claim damages for loss of joint venture.
When an accident occurs, it is not always clear who is at fault. Police arriving at the scene will create a report that will determine fault by assessing the scene of the accident, taking statements from witnesses and talking to doctors about the injuries sustained. This information they collect, in addition to the doctor’s reports showing how the pedestrian was hit, can also help detect the driver’s speed.
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If the police report finds that the driver was at fault, but the driver denies responsibility, then an experienced New York pedestrian injury attorney can help you prove your case.
A driver’s negligence must usually be proven in order to be awarded damages in a personal injury claim. This means that you will have to prove that the defendant should have taken reasonable care but failed to do so and therefore caused your injuries and damaged your property.
Although police reports are often not admissible in court, they can help your attorney find evidence on your behalf. Examples of evidence that can help prove guilt can include photos of the accident scene, photos of the vehicle, any surveillance video, and witness statements.
When it comes to liability in New York pedestrian accidents, the law states that the vehicle that hit the pedestrian must pay what is known as simple or first party benefits. This means that the insurance carrier of a car that hits a pedestrian is responsible for paying for the pedestrian’s care. This includes emergency room and hospital costs, doctor bills, prescription drugs and diagnostic tests such as X-rays and MRIs, as well as therapeutic services such as physical therapy.
Is The Driver Or Pedestrian At Fault In A Car Pedestrian Accident?
It also covers lost wages. The total amount paid by the insurance company cannot exceed $50,000 and does not include compensation for pain and suffering.
The driver of a car that hits a pedestrian is usually liable, even if the pedestrian was not in the crosswalk, but there are always exceptions. A driver who hits a pedestrian while in a crosswalk is almost certainly liable. When you get behind the wheel, you are legally required to be alert, see hazards and avoid them.
The chances of winning in court are still in favor of the pedestrian who crossed the road beyond the pedestrian crossing, as long as he was aware of the approaching traffic and did not run into the road. On the other hand, a pedestrian may have a hard time winning a case against a driver if he or she was walking, which is illegal in New York and other states.
If both the driver and the pedestrian are found at fault, then the rule of comparative negligence applies. This means that the pedestrian award amount will be reduced by the percentage found responsible. For example, if the pedestrian receives $10,000 but is found to be 25% responsible for the accident, then their award will be reduced by that percentage, resulting in a payout of $7,500.
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If negligence on behalf of the city was the cause of the pedestrian accident, then the government agency may be held liable. For example, if traffic control devices such as stop lights or stop signs fail, if the roadway causes a collision, or if the road is not properly maintained, then the city may be held partially or fully responsible. While the driver may have some liability, the city may also be sued for negligence. If you believe this was the cause of your accident, speak with a qualified New York pedestrian accident attorney.
If you have been seriously injured in a pedestrian accident, you may be able to seek compensation from the person responsible. Under state law, your claim must meet the serious injury threshold, which means:
Pedestrians are at greater risk of accidents and injuries at night. NHTSA reports that over the past year, the highest percentage of pedestrian crashes (26%) occurred between 6:00 PM and 8:59 PM, followed by 23% between 9:00 AM and 11:59 PM. Only 5% of pedestrian accidents occurred between 9:00 A.M. and 11:59 p.m. and only 6% occurred between noon and 2:59 p.m.
Pedestrians are not protected from injury in motor vehicle collisions. When a pedestrian accident occurs, the victim can suffer serious, disfiguring, or disabling injuries. Drivers must exercise reasonable care to avoid accidents and failure to do so is considered negligent. Types of driver negligence that can lead to pedestrian accidents include:
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According to the New York Police Department, 1,277 pedestrians were injured in the city in December 2018 alone. Brooklyn had the most crashes, with 391 injuries. Staten Island had the fewest pedestrian accidents, with only 52 injuries.
Our experienced New York pedestrian accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have the knowledge and skills to fight for pedestrian accident victims. For a free discussion of your case, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online.
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