Having car accidents with other cars is stressful, and it’s even worse when you are involved in a car accident with a pedestrian. Many people choose to walk throughout NYC because it’s an easy way to travel. You don’t have to worry about being stuck in traffic, and it’s generally faster than hopping in your car. Actually, most people that live in NYC rely on walking or public transportation, and they don’t even own a car. With the large number of accidents that occur in NYC annually, a large portion of them involves pedestrians. These pedestrians sustain mild to severe injuries, with the worst being fatalities. According to the National Highway Safety Administration, New York is ranked fourth for pedestrian fatalities in the country.
If you’ve been involved in a pedestrian accident in NYC, you need to hire someone that has the experience to represent you. Gary Falkowitz is an experienced personal injury attorney that handles pedestrian accident cases in NYC. He knows how to build effective cases to get you the compensation that you deserve. We recommend that you seek out legal representation immediately following your accident. This ensures that your lawyer has enough time to build your case and submit your lawsuit within the statute of limitations.
Pedestrian accidents result in serious injuries
Did you know that a pedestrian is ten times more likely to die in a motor vehicle accident? Much like motorcyclists, pedestrians have no safety equipment to protect them in the event of an accident. If a pedestrian is struck down by a car, the impact of the car on the body is enough to cause serious injuries. Then, the pedestrian also has the impact of their body hitting the ground. So, there are two impacts that the pedestrian faces, each could result in numerous injuries or death. If the pedestrian is at fault, cars can face significant damages as well. Whether you’re the driver or the pedestrian, if the other party is negligent you can receive a settlement to cover your injuries and damages.
How can I recover money to cover my damages from a pedestrian accident in NYC?
As we mentioned earlier, the human body stands no chance against a vehicle. So, victims or their families will want to seek restitution for injuries and damages. New York is a no-fault state, which means that your insurance is responsible for covering your injuries. Personal Injury Protection (PIP) will cover most of your damages. The minimum payout for PIP is 50,000 which will easily cover minor injuries but will barely cover significant injuries and missed time at work. When you have over 50,000 dollars in bills and damages it is time to hire an attorney that can successfully represent you.
So, what do you do when you don’t have insurance? As we mentioned before, a lot of people that live in NYC rely on public transportation and don’t even own a car. In this instance, you will need to file a lawsuit to recover your losses. According to the no-fault insurance law, you can bring a lawsuit against at-fault parties. Some of the damages you could recover are pain and suffering, missed business opportunities, reduced quality of life, emotional damage, and funeral expenses. However, to recover any losses you’ll need to prove that the driver was negligent. To hold the driver accountable, you will rely on your attorney to thoroughly research and build your case.
What makes a driver negligent?
Accidents can happen for a variety of reasons, but the driver must be negligent for a pedestrian to win a lawsuit. You must prove that a driver was operating their vehicle without care for the pedestrian and other motorists on the road. Some of the more common instances of negligence occur when a driver is:
- On their phone
- Distracted driving (like eating or putting on makeup)
- Driving recklessly
- Driving under the influence of drugs or alcohol
- Making illegal turns
- Or, not yielding
In the same way that a driver can be found negligent, a pedestrian can also be proven to be negligent as well. If a pedestrian crosses the road without a traffic signal or crosswalk, then they are negligent. In that situation, the car has the right of way and the pedestrian is stepping out in front of the car.
If you were found to have some responsibility in your accident your insurance company will try to reduce your settlement. Remember, your insurance company is out to settle for the lowest amount possible, which is another reason we recommend you seek legal representation immediately. Never talk to your insurance company about a settlement on your own, because most people don’t understand a fair settlement. Even if you were partially at fault in your accident, you can still receive compensation.
Safety Tips for Pedestrians
- Walk on sidewalks. Stay out of the road as much as possible so you don’t get hit by a car.
- Cross at crosswalks. Drivers are expecting pedestrians at crosswalks and are more likely to stop, so try to cross at one if possible.
- Be visible. Wear reflective clothing so you can be easily seen at night.
- Stay alert. Don’t listen to music or talk on your phone while crossing streets. Use your senses to stay alert and avoid crashes.
- Follow the law. Obey stoplights and signals. Don’t cross the street until it is safe to do so.
- Make eye contact. Never assume a driver sees you. Make eye contact with them before crossing to ensure safety.
- Don’t walk while intoxicated. While drinking and driving is dangerous, so is drinking and walking. Intoxication is one of the biggest factors in pedestrian crashes, and more often than not, the pedestrian is the one who is under the influence.
Safety Tips for Motorists
- Be alert. Be on the lookout for pedestrians at all times.
- Never drive while intoxicated. Alcohol distorts your judgment and slows down your reactions. Avoid driving if you have been drinking.
- Drive according to road conditions. Be extra careful when driving in rain, snow, and at night when visibility is at its worst.
- Stop at red lights. Make sure to stop before turning at red lights at intersections. Pedestrians may be crossing the street, so be cautious and look both ways before making a turn.
- Follow the speed limit. Take it slow, especially when around intersections and other areas where children and other pedestrians may be present.
- Back up carefully. It is harder to see pedestrians when you are in reverse. Use extra caution, especially around children.
What types of pedestrian accident cases do you handle?
There are several different types of pedestrian accidents, depending on the cause. Below are a few of the cases that we have handled in the past:
Intersection Accidents: When people are crossing the street legally they can get hit by cars in New York traffic that isn’t paying attention. Alternatively, pedestrians not crossing correctly at intersections are at fault. We have handled both types of cases.
Hit and run accidents: Nothing is scarier than dealing with a hit and run accident. You don’t know who was driving the car and you don’t have their personal information. It’s very common for drivers to leave the scene of pedestrian accidents because they have minimal damage to their car. Hiring a professional pedestrian accident attorney can help you locate and bring charges against these individuals.
Distracted Drivers: So many people are doing everything but driving their cars. You see people on their cell phones, texting, eating, or doing their makeup. We’ve handled many cases where pedestrians were hit by these drivers.
Hire an experienced personal injury attorney today!
Don’t gamble with your settlement when you have bills to pay. Gary Falkowitz knows how important it is to win a settlement that will compensate you for your injuries and expenses. Contact us today to set up an appointment to discuss the details of your case.