New York Pedestrian Accident Lawyer
Were you or someone you love injured in a pedestrian accident? Find out how an experienced New York pedestrian accident lawyer can help you recover the compensation you deserve.
Walking is a way of life in New York. Whether you’re walking to or from work, school, the grocery store, or just out getting some exercise, walking in New York is a serious risk. When a pedestrian is struck by a car, truck, bus, or even a motorcycle, the pedestrian can suffer from serious or deadly injuries. Pedestrian accidents account for more than 2/3 of all accidents in New York. They also make up more than half of accident fatalities.
Not all pedestrian accidents result in lifelong or deadly injuries. Yet, they can still cause damage to anything you’re carrying (such as a laptop), broken bones, lacerations, or serious sprains. They can cause unexpected medical expenses. If you are injured after you’re hit by a vehicle while you are out walking, schedule a free consultation with an experienced New York pedestrian accident lawyer.
The Most Common Causes of New York Pedestrian Accidents
When drivers are found at fault for New York pedestrian accidents, the most common causes are:
- Inattentiveness; they may be talking or texting on their phone, eating, or simply not paying enough attention to driving
- Not yielding the right of way to pedestrians
- Driving while under the influence of drugs or alcohol including, but not limited to, legal prescriptions
- Not following posted speed limits
Who Is at Fault in a New York Pedestrian Accident
Serious pedestrian accidents aren’t uncommon in New York, especially in areas that are extremely crowded. So, how can a victim determine who is at fault for the accident that caused their injuries? While there are laws that protect pedestrians and give them the right of way in many circumstances, it’s important that you schedule a free consultation with our New York pedestrian accident lawyer. The facts surrounding these sorts of personal injury claims can be different. Those facts can help a lawyer determine who is responsible for your injuries.
Additionally, the police who respond to the scene will also take a report. Make sure that you get the report number from the officer and pull a copy of it. This will also help you and your lawyer determine who is at fault for what happened to you. Medical records, talking to witnesses, and working with an accident reconstructionist are also helpful tools to determine who is at fault. It’s imperative that you and your lawyer are able to build a strong case that supports your claim.
If the pedestrian is inside of a crosswalk and they followed the signs or signals that told them that they may cross the street, the driver may hold most or all of the fault. Even if there are no signs or signals present at a crosswalk, New York drivers are legally required to yield and give the pedestrian the right of way. Of course, we know that doesn’t always happen. It’s very important that pedestrians are extremely careful when they are crossing the street.
If the pedestrian isn’t in a crosswalk at the time of the accident, there will be other things that must be considered. For example, was there a crosswalk and the pedestrian chose not to use it? Did the pedestrian attempt to cross the street in a way that would be considered reasonably safe? If the pedestrian attempted to cross the street in a way that most people would consider safe, they may still be compensated for their injuries. If the pedestrian acted in a way that is considered extremely reckless, they may not be able to receive financial compensation.
Compensation Available for Victims of Pedestrian Accidents
Often, victims are entitled to financial compensation for what has happened to them. Compensation may include:
- Medical care, inlcuding long-term care for spinal cord injuries, traumatic brain injuries, or other injuries that result in the need for life-long medical care, nursing care, or rehabilitative services
- Lost wages, including time missed from work because of the accident as well as the inability to earn a certain amount of income if you’re no longer able to work in your previous field
- Final expenses for accidents resulting in the death of the pedestrian
- Loss of quality of life
- Property damage
The types of compensation (as well as the amount) that a victim or their family may be entitled to receive depend largely on the facts surrounding the accident. To learn more about compensation, schedule a consultation with our New York pedestrian accident lawyer. The first consultation is free.
Out Walking and Hit by a Vehicle? Here’s What You Should Do
Hopefully, you’ve already gotten medical attention. If you haven’t, get medical attention right away. Not all pedestrian accidents result in serious injuries that require immediate medical care. Yet, there are some injuries that go undiagnosed and get worse because they don’t have any symptoms or they don’t seem like a big deal when they manifest. Protect your future by getting checked out. Follow the recommendations of your doctor.
If the police arrived on the scene, make sure that you pull a copy of the police report. Then, call our New York pedestrian accident lawyer for a free consultation. We will discuss your potential claim with you. If you have a valid legal claim, we’ll make sure that you understand your options.
Letting the Insurance Company Handle It
A common question we’re asked is whether the pedestrian should just file a claim with the car insurance company and wait for their decision. In theory, it seems like a good idea. It seems like it would be faster and less stressful than filing a lawsuit.
However, insurance companies don’t always treat victims in a way that is fair. They often offer far less than a claim is worth. The adjustor assigned to your case is likely not someone who is extremely familiar with New York laws. They may try to pressure you into signing a settlement agreement that doesn’t give you the option to get help with future medical expenses related to your injuries.
While you should certainly file a claim with the car insurance company, you should also have an experienced New York pedestrian accident lawyer on your side to talk to the insurance company on your behalf.
If you or someone you love was injured as a pedestrian in New York, contact an experienced New York pedestrian accident lawyer at Krause & Glassmith for a free confidential consultation. We will help you understand your rights and fight to ensure you receive the compensation you deserve. Call today and let our experience work for you.