New York City Pedestrian Accident Lawyers
New York City is designed for pedestrians. However, the combination of locals, commuters, and tourists walking on congested streets alongside buses, cars, taxis, delivery trucks, and cyclists often results in a pedestrian accident. In addition to potentially serious injuries, victims face mounting medical bills and the inability to work, support their families, or pay for basic living expenses. Since 2002, the New York injury lawyers at Douglas & London have secured more than $1 billion for clients in verdicts and settlements. We protect your rights while fighting for compensation for your damages and losses. We invite you to schedule a free consultation today.
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New York City Pedestrian Accidents
In 2022, a total of 119 people lost their lives in New York City pedestrian accidents. Thousands more suffered serious injuries. Many of those injuries lead to permanent disabilities. Since New York City adopted its Vision Zero plan to prevent motor vehicle accidents in 2014, pedestrian fatalities have dropped. However, far too many people are still severely injured by negligent drivers.
Causes of New York City Pedestrian Accidents
In New York City, most pedestrian accidents occur because the driver did not yield the right of way in an intersection or a crosswalk. Under New York Law, drivers must yield to pedestrians when a traffic signal is not present–whether they were in a crosswalk or not.
In addition, pedestrians are hit by speeding vehicles or drivers under the influence of drugs or alcohol. Some motorists disregard traffic signals with catastrophic results. People are also hit by motor vehicles backing out of driveways when the driver fails to check their mirror or the car’s blind spots.
The New York City Department of Transportation (DOT) implemented a Pedestrian Safety Study & Action Plan. It examined over 7,000 records of crashes that caused severe injuries or fatalities to pedestrians and identified underlying causes. DOT will use this data “to inform the work the agency does to reduce traffic fatalities and make New York City streets safe for everyone.” To underscore the importance of this initiative, pedestrians are ten times more likely to die than a passenger in a motor vehicle in the event of a crash.
NYC Pedestrian Accident Injuries
The average car weighs approximately 3,000 pounds. A human being of any size is likely to suffer serious injuries if they are struck. Examples of this include:
- Amputation
- Crushing
- Disfigurement
- Internal bleeding
- Internal organ damage
- Multiple fractures
- Spinal cord trauma
- Traumatic brain injury
A pedestrian accident lawyer knows the settlement amount necessary to provide for the individual client’s needs. Some victims will eventually make a full recovery. Others will never hold a job or live independently again. Medical and economic experts will provide information regarding the client’s prognosis and how the accident affected their current and future employment prospects. Contact a pedestrian accident lawyer in Queens today.
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Legal Recourse for Hit-and-Run Victims
Many New York City pedestrian accidents involve hit-and-runs. Leaving the scene of an accident is a crime, but any actions taken by the criminal justice system are separate from filing a civil lawsuit. If the driver is identified or apprehended, you can file a personal injury lawsuit against them. If the hit-and-run driver is never identified, you still have legal recourse for compensation. You can file a claim for victim compensation through New York’s Office of Victim Services.
Seeking Damages and Compensation After Being Severely Injured
Pedestrian accidents often result in severe, long-term, or permanent injuries. Those who survive face a long road ahead as they struggle to recuperate and rebuild their lives.
Damage, or compensation, in a New York pedestrian accident may include:
- Medical expenses, current and future
- Lost wages
- Loss of future earnings
- Loss of quality of life
- Emotional distress
- Pain and suffering
If a person dies in a pedestrian accident, the deceased’s family members or the personal representative of their estate may file a wrongful death lawsuit.
Pure Comparative Negligence in New York
In some situations, the pedestrian may share some fault for the accident. Perhaps they were texting while crossing the street and not paying attention to traffic. New York State operates under a pure comparative negligence standard regarding liability. That means that even if the plaintiff is 99 percent at fault for an accident, they may still collect damages. These damages are reduced according to the percentage of the plaintiff’s fault, as determined by a judge or jury.
For example, if the plaintiff is 20 percent responsible for their accident because they were texting while crossing an intersection, a $100,000 award is reduced to $90,000.
Why You Need a Specialized Lawyer for Pedestrian Accidents in New York City
If you are an accident victim, you need a NYC pedestrian accident lawyer with a strong record of recovering compensation for their clients.
Whether your pedestrian accident case requires a jury verdict or a settlement outside the courtroom, we will work tirelessly to ensure you are fairly compensated for the injuries and losses you have experienced due to someone else’s negligence. We are well versed in pedestrian rights and responsibilities, New York State vehicle and traffic law that pertains to pedestrian safety, and common driver violations. You can trust that we will leverage this knowledge and experience in your case.
What to Expect When Filing a Pedestrian Accident Claim in New York City
The statute of limitations for filing a personal injury lawsuit in New York is three years from the accident date. Do not wait too long before filing a pedestrian accident claim, as important evidence, such as CCTV or dashcam footage that proves your claim may disappear.
At Douglas & London, a seasoned New York City pedestrian accident attorney investigates every aspect of your claim. We review police and medical reports, obtain traffic and local surveillance videos, and interview eyewitnesses. We can determine a fair settlement amount based on your injuries and prognosis and negotiate with the at-fault driver’s insurance company to obtain a settlement that will cover your long-term needs. Most New York City pedestrian accident cases are settled. If the insurance company fails to agree to a reasonable settlement, we can take your case to trial.
Every pedestrian accident case is unique. We may hire financial experts to determine long-term care costs for a severely injured victim. Medical experts may testify regarding the extent of your injuries and the types of treatment and rehabilitation necessary. In some cases, we may hire accident reconstruction experts to analyze how the collision happened.
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How Douglas & London Can Help You
A pedestrian accident upends your life. You need a strong advocate with a solid and thorough understanding of applicable laws. If you were injured in a New York City pedestrian accident, contact our compassionate team of New York personal injury lawyers at Douglas & London. Schedule a free, no-obligation consultation today. We work on a contingency basis, so you pay no fee unless you receive compensation.
