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As pedestrian accident lawyers in New York City, we can assist individuals in obtaining reasonable compensation for injuries arising from pedestrian accidents caused by negigligence. Pedestrians are constantly at risk of being struck by negligent drivers who fail to yield the right of way, speed, or engage in distracted driving.
In 2021 alone, there were over 3,000 reported pedestrian injuries and more than 100 fatalities resulting from motor vehicle accidents in New York City. Pedestrians are particularly vulnerable road users, lacking the protection that occupants of vehicles have.
When a pedestrian is hit by a car, truck, or bus, the consequences can be devastating, often resulting in severe injuries, permanent disabilities, or even death. Victims may face extensive medical treatment, lost wages, and a long road to recovery.
As pedestrian accident lawyers in New York City, we can provide invaluable support in navigating the legal process. From gathering evidence and negotiating with insurance companies to representing clients in court, we can fight for the compensation victims deserve and help them hold negligent drivers accountable for their actions.
Common Causes of Pedestrian Accidents in NYC
Pedestrian accidents in New York City can be attributed to various factors, with driver negligence being a leading cause. Some of the most common causes of pedestrian accidents in the city include:
Speeding
Distracted driving
Drunk driving
Fatigued driving
Poorly marked crosswalks
Unsafe turning
Poor visibility
Drivers who exceed the posted speed limit or travel too fast for road conditions put pedestrians at risk. At higher speeds, drivers have less time to react to pedestrians entering the roadway, and the impact of a collision is more likely to result in severe injuries or fatalities. In areas with heavy foot traffic, such as school zones or busy commercial districts, speeding is particularly dangerous.
The use of cellphones, navigation systems, and other electronic devices while behind the wheel has become a major contributor to pedestrian accidents. Distracted drivers may fail to notice pedestrians crossing the street, leading to collisions. Other forms of distraction, such as eating, drinking, or adjusting the radio, can also divert a driver's attention from the road and increase the risk of striking a pedestrian.
Intoxicated drivers pose a significant threat to pedestrians. Alcohol impairs a driver's judgment, reaction time, and ability to operate a vehicle safely. Drunk drivers may swerve onto sidewalks, run red lights, or fail to yield the right of way to pedestrians, resulting in devastating accidents.
Drivers who are drowsy or fatigued may experience impaired judgment and slower reaction times, similar to the effects of alcohol. Long work hours, lack of sleep, or medical conditions can contribute to driver fatigue. Fatigued drivers may drift into crosswalks or onto sidewalks, putting pedestrians in harm's way.
Inadequately marked or maintained crosswalks can contribute to pedestrian accidents. If crosswalks are faded, obscured, or lacking proper signage, drivers may not be aware of pedestrians attempting to cross the street. This is particularly problematic at night or in areas with poor lighting.
Drivers who fail to yield the right of way to pedestrians when making turns are a common cause of accidents. This can occur when drivers are rushing to beat traffic signals or when they fail to check for pedestrians before turning. Left-turn accidents are especially dangerous, as pedestrians may be less visible to drivers focused on oncoming traffic.
Adverse weather conditions, such as rain, fog, or snow, can reduce visibility and make it more difficult for drivers to see pedestrians. Similarly, poorly lit streets or intersections can contribute to accidents, particularly during early morning or late evening hours when pedestrian traffic may be high.
Types of Damages Available to Injured Pedestrians
Pedestrian accident victims in New York City may be entitled to various types of damages, depending on the severity of their injuries and the impact on their lives. These damages can be categorized as economic and non-economic losses.
Economic Damages
Economic damages are quantifiable financial losses that can be calculated based on documented expenses and losses. These include:
- Medical expenses (present and future)
- Rehabilitative care costs
- Lost wages and future earnings
Non-Economic Damages
Non-economic damages are the intangible losses suffered by pedestrian accident victims. These damages can be more difficult to quantify but are equally important in compensating victims for their suffering. Non-economic damages may include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
Wrongful Death
In tragic cases where a pedestrian accident results in death, a wrongful death action ensues and the victim's family may be entitled to additional damages, including:
- Funeral expenses
- Loss of consortium
- Loss of support
Despite the existence od the above damages, under New York's comparative negligence laws, a pedestrian's compensation may be reduced proportionately if they are found to be partially at fault for the accident. Pedestrians in New York can seek reimbursement for economic losses up to $50,000 through the state's no-fault insurance system, irrespective of who was at fault. However, given the high cost of medical care, this limit is often insufficient to cover the expenses associated with serious injuries.
An experienced NYC pedestrian accident lawyer like us can help victims and their families assess the full extent of their damages and fight for the compensation they deserve. By carefully documenting expenses, gathering evidence of the impact on the victim's life, and presenting a compelling case, we can work to maximize the recovery of both economic and non-economic damages.
How a NYC Pedestrian Accident Lawyer Can Help
One of our primary roles as a pedestrian accident lawyer is to accurately assess the full extent of damages suffered by the victim. This includes both economic and non-economic losses, such as medical expenses, lost wages, pain and suffering, and emotional distress. We will thoroughly review medical records, consult with experts, and consider future costs associated with ongoing treatment or disability to ensure that the victim receives fair compensation for their injuries.
Building a strong case is essential to securing a successful outcome for pedestrian accident victims. A knowledgeable NYC pedestrian accident lawyer will thoroughly investigate the incident, gathering crucial evidence to support the victim's claim. This may involve:
- Reviewing police reports and accident scene photos
- Interviewing eyewitnesses and obtaining their statements
- Analyzing traffic camera footage or surveillance videos
- Consulting with accident reconstruction specialists to determine fault
- Examining the driver's history for prior traffic violations or accidents
By meticulously collecting and preserving evidence, a pedestrian accident lawyer can build a compelling case that demonstrates the negligence of the driver and the extent of the victim's damages.
A skilled NYC pedestrian accident lawyer like us will also handle all communication and negotiations with insurance companies on behalf of the victim. We are well-versed in the tactics used by insurance adjusters and can effectively counter their arguments to secure a fair settlement. We can present strong evidence, highlight the extent of the victim's damages, and leverage our negotiation skills to advocate for the maximum compensation possible. If a satisfactory settlement cannot be reached, we are be prepared to take the case to trial and fight for the victim's rights in court.
Pedestrian accidents in New York City can have devastating consequences for victims and their families. By understanding the common causes of these accidents and the types of damages available, injured pedestrians can better protect their rights and seek the compensation they deserve. Should you need legal representation in a pedestrian accident case, the Law Offices of Albert Goodwin are here for you. We represent pedestrian accident victims throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York. You can call us at 212-233-1233 or send us an email at [email protected]. We are located in Midtown, Manhattan.
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
