Staten Island Pedestrian Accident Lawyers
Everyone knows the basic safety rules when walking in Staten Island: look both ways before crossing the street, and use designated crosswalks when available. If out at night, stay in well-lit areas, and If there is no sidewalk, walk facing traffic and as far from traffic as possible. Look for cars in all directions, including those turning left or right. However, even if you follow the above, it takes a negligent motorist a second to upend your life.
A Staten Island pedestrian accident lawyer at Douglas & London can fight to hold those responsible for your injuries accountable so that you can recover maximum compensation for your damages and losses. Our lawyers have recovered more than $18 billion in verdicts and settlements for clients. Our track record is second to none. Call today for a free consultation.
Pedestrian Accident Causes
Most pedestrian accidents are the result of driver negligence or recklessness. Common causes include:
- Aggressive driving
- Distracted driving
- Driving under the influence of alcohol or drugs
- Driving while fatigued
- Failure to yield the right of way to pedestrians
- Failure to obey traffic signs and signals
- Inclement weather
- Poor visibility
- Speeding
Not all pedestrian accidents are entirely the driver’s fault. However, New York State operates under a pure comparative negligence standard. That means if the plaintiff is not 100 percent at fault for the accident, they can still receive compensation. A judge or jury determines the percentage of fault.
Even if you were partly responsible for the accident, such as focusing on your smartphone rather than your surroundings, you can still receive compensation. The amount will be decreased by your percentage of fault. For instance, if it is determined that you bear 25 percent of the responsibility, a $100,000 verdict is reduced to $75,000.
Pedestrian Accident Injuries
Pedestrian accident injuries are often life-threatening or permanently debilitating and include the following:
- Back and neck injuries
- Broken bones
- Crush injuries
- Internal bleeding
- Internal organ damage
- Lacerations
- Soft tissue damage
- Spinal cord damage
- Traumatic brain injury
According to the New York State Department of Health, “approximately 300 pedestrians are killed and 15,000 are injured by motor vehicles each year on the state’s roadways, and more than 3,000 pedestrians are admitted to the hospital annually.” These statistics underscore the need for an experienced pedestrian accident lawyer if a negligent motorist has seriously injured you.
Pedestrian Injury Damages
Damages, or compensation, in a pedestrian accident injury may include:
- Medical expenses, current and future
- Lost wages
- Loss of future earnings
- Pain and suffering
Generally, damages are awarded based on injury severity and duration. Factors affecting compensation include the victim’s age, overall health before the accident, and occupation. A younger person will usually receive a higher amount because they are losing more years from the workforce, and their pain and suffering will last a longer time.
Because many pedestrian accident injuries prove fatal, the decedent’s personal representative may file a wrongful death lawsuit on behalf of the family against the defendant. Damages in a wrongful death case may include the decedent’s medical bills, funeral and burial expenses, and loss of companionship, guidance, and income.
What to Do After an Accident
If you can, take photos of the vehicle that hit you, your injuries, and nearby businesses that might have security cameras that captured the accident.
Get the driver’s name, address, insurance, and contact information. If there are eyewitnesses, obtain their names and contact information. If you cannot document the scene due to your injuries, ask someone at the scene to help and forward photos and video footage to you.
It is also crucial to seek medical attention immediately after the accident, even if you feel fine, albeit somewhat shaken. Not only do you risk your health and well-being by avoiding an examination, but you are also risking your ability to prevail in a personal injury lawsuit. The defendant’s insurance company could argue that your delay in seeking treatment means you were not as seriously injured as alleged.
Finally, consult a Staten Island pedestrian attorney. Although the statute of limitations for filing a personal injury lawsuit in New York is generally three years from the accident date, waiting too long could mean losing valuable evidence. For instance, nearby surveillance video that may have captured the accident usually stores information for just 30 to 90 days.
Contact our team of Staten Island Pedestrian Accident Lawyers
If you were injured in a Staten Island pedestrian accident, you need the services of the experienced New York injury lawyers at Douglas & London. Most cases are settled, but if the insurance company does not offer our client a reasonable settlement, we do not hesitate to litigate. Schedule a free, no-obligation consultation today. Because we work on a contingency basis, you pay no legal fees unless you receive compensation. Hablamos Español.
