Pedestrian accident lawyer in New York
Victims of pedestrian accidents have been increasing in the United States after a period of declining values systematically for half a decade. According to accident data reported by the National Highway Traffic Safety Administration (NHTSA), nearly 4,300 pedestrians died in traffic accidents in 2010, an increase of 4 percent since 2009. Approximately three out of four pedestrian fatalities occur in urban areas and according to NHTSA, the city of New York is no exception. In September 2012, the New York Times reported that 176 cyclists or pedestrians were killed in traffic accidents citywide between July 2011 and June 2012 – a significant increase over the previous year, which saw 158 cyclists and pedestrian fatalities.
In New York City and elsewhere, officials are attributing an increase in the number of drivers who are distracted to speeding and to the recent increase in serious injuries and fatal pedestrian accidents. A growing number of drivers are becoming concerned with smartphones and other electronic devices, which makes them less focused on driving.
Almost half of all drivers in the country admitted using the Internet while driving, according to the latest surveys conducted by State Farm Insurance. A study conducted by the Virginia Tech Transportation Institute found that drivers who drove while texting are 23 times more likely to crash drivers who remain focused on the road. Distracted and reckless driving along with dangerous road design has contributed to a dramatic increase in pedestrian fatalities in New York City.
Challenges faced by pedestrian accident victims
Victims of pedestrian accidents face significant challenges due to the severity of the injuries usually suffered in this type of collision. Such victims may suffer a series of relatively minor injuries including sprains, strains and contusions to serious or even catastrophic injuries, such as traumatic brain injuries, spinal cord trauma, internal organ damage, multiple bone fractures, etc.
Injured pedestrians may be left with the prospect of long hospital stays, surgeries and extensive rehabilitation treatments. These injuries can keep them away from work for a significant period of time causing them to lose income and even affect their livelihoods and ability to earn an income for their families.
While some injured pedestrians may have a full recovery, others may be left with permanent injuries and disabilities. For example, victims of broken bone injuries may not be able to regain their strength, mobility or flexibility even after many rehabilitation treatments. These treatments often result in significant expenses for the victims and their families. Some types of treatment and care are not covered by insurance, which means that patients will have to spend money out of pocket.
A number of pedestrian accidents in New York City also result in death. In such cases, the families of the deceased victims are left with significant financial burdens, such as coping with medical and funeral expenses, as well as the loss of income and benefits that would have been provided by the deceased.
Pedestrian accidents in New York City
These are some of the main conclusions of the New York City Department of Transportation regarding accident data involving pedestrians:
- Pedestrians in New York City are 10 times more likely to die than a motor vehicle occupant in the event of an accident.
- Pedestrians accounted for 52 percent of fatal traffic accidents between 2005 and 2009.
- The driver’s lack of attention was cited as a cause of nearly 36 percent of pedestrian accidents resulting in death or serious injury.
- About 27 percent of the pedestrian fatalities involved were to blame the driver.
- 80 percent of accidents that kill or seriously injure pedestrians involve male drivers.
- 79 percent of accidents that kill or seriously injure pedestrians involve private vehicles, trucks and buses.
- Serious pedestrian accidents are about two-thirds more deadly in major street corridors than in smaller local streets.
- Manhattan has four times the number of pedestrians killed or seriously injured per mile of the street compared to the other four counties. In addition, 43 percent of pedestrians killed in Manhattan lived in other districts or outside of New York City.
The most dangerous intersections in New York
According to the New York City Department of Transportation, there are a number of intersections on 57th Street that are dangerous, especially for pedestrians. The intersection where West 57th Street crosses Eighth Avenue was the worst, with eight pedestrians seriously injured or killed there between 2007 and 2011. In fact, 57th Street makes its appearance three times in the city’s list of the 20 most intersections dangerous for pedestrians. The intersections of Sixth and Third avenues saw five pedestrian injuries or deaths during the same period, according to the study. These are some of the other intersections offered in this list:
The Bronx: Webster Avenue and East Gun Hill Road (6 pedestrian injuries or deaths)
Brooklyn: Neptune Avenue and Ocean Parkway (6 injured or dead)
Staten Island: Morani Street and Richmond Avenue (3 injuries or deaths)
Queens: Woodhaven Boulevard and Metropolitan Avenue (4 injuries or deaths)
10 most dangerous intersections in Manhattan (ranked in the increasing order of number of injuries):
- Broadway / E. 17th St./ Union Square West (1 fatality, 5 injuries)
- Lexington Ave./ Dr. Martin Luther King, Jr. Blvd. (1 fatality, 7 injuries)
- 3rd Ave./ E. 22nd St. (1 fatality, 7 injuries)
- Adam Clayton Powell Jr. Blvd./ W. 145th St. (1 fatality, 8 injuries)
- Frederick Douglass Blvd./ 145th St. (0 deaths, 10 injuries)
- 8 Ave./ W. 42nd St. (0 deaths, 14 injuries)
- 9 Ave./ W. 42nd St. (0 deaths, 14 injuries)
- 1st Ave./ E. 23rd St. (1 fatality, 13 injuries)
- 8th Ave./ W. 34th St. (0 deaths, 17 injuries)
- Amsterdam Ave. / Dr. Martin Luther King, Jr. Blvd. (0 deaths, 20 injuries)
Bill de Blasio’s «Vision Zero» plan
Bill de Blasio after taking office in 2014 has set the goal of reducing traffic fatalities on the roads of New York City to zero under his Vision Zero plan. In 2013 alone, 172 pedestrians died in New York City. Mr. De Blasio formed a working group to study the problem. Soon after, speed cameras were set up near schools and dangerous intersections to issue tickets instead of warnings. Mr. De Blasio also increased the number of New York police officers assigned to the highway division by 20 percent. Other changes that are still being implemented include the reduction of speed limits, the redesign of streets and the increase in the number of red light cameras.
The most common causes of pedestrian accidents
Pedestrian accidents often involve victims who are hit by vehicles despite taking the necessary measures to protect themselves in the roadway. A number of pedestrian accidents are caused by the negligent behavior of drivers who do not pay attention to traffic conditions or who do not give right-of-way to pedestrians. Some of the most common causes of pedestrian accidents include:
- Do not give way at intersections. New York law requires drivers to come to a complete stop at marked crosswalks and only proceed after pedestrians have crossed.
- If it does not stop at stop signs or lights.
- Withdraw from roads or parking lots without giving right of way to pedestrians.
- Texting or using a cell phone while driving.
- Drive at an excessive speed speed.
- To turn in conditions of risk or changes of lane without paying attention to the surroundings.
- Driving under the influence of alcohol and / or drugs.
Injured in a pedestrian accident – what measures can you take?
If you have been injured in a New York pedestrian accident, there are several steps you can take to make sure your rights are protected:
- Get all the details of the accident as possible. Write or record details about the incident, such as where you are going, what you were carrying, how the collision occurred, what you suffered from injuries, etc.
- Submit a police report, which includes the account of what happened.
- Make sure you see a doctor right away, regardless of how minor your injuries can be. While some injuries, such as broken bones may be evident, other injuries such as internal organ damage or other types of neck trauma may not surface until later.
- Document your injuries and the expenses you have incurred as a result of your accident.
- Contact a pedestrian accident lawyer in New York City. Pedestrian accidents tend to result in more serious injuries and therefore more medical expenses than other types of traffic accidents. It is important that you consult with an experienced lawyer who will make sure that your legal rights and interests are protected.
- Try to relax and concentrate on your recovery.
Tips for pedestrians to avoid shocks
There are several pedestrian precautions in New York City that can exercise when walking:
- If you are walking to school or taking your child to school, cross only when there are signs or crossing guards present.
- At a signal, cross only when the «walk» signal is displayed.
- Traffic before entering the pedestrian crossing, remain alert to convert vehicles, cars run light and red drivers who may not have seen. Do not cross until all traffic has stopped.
- Be careful near driveways and parking. Even though you are on the sidewalk, a vehicle that turns on or off the road must cross the sidewalk and the driver may not be paying attention to pedestrians.
- Where there are no signs, cross the street in only one lane at a time.
- Before leaving to cross, look to the left, then to the right and then to the left again to observe the traffic.
- Be careful with ice cream trucks.
- Be careful when getting off a bus and fix it well for traffic before crossing.
- Parents must travel the routes to school with their children. Show your children the right places to cross and how to stay safe.
- If possible, avoid walking in the dark. If you must do so, wear brightly colored or reflective clothing and carry a flashlight.
- Use common sense Walk in designated areas for pedestrians such as crosswalks and sidewalks.
Tips for motorists
Drivers must also do their part to avoid collisions with pedestrians. Here are some useful safety tips for New York drivers:
- Keep the windshield and glass of your vehicle clean. Wear sunglasses to avoid glare.
- Many corners of streets have pedestrian crossings. Motorists in New York are required to stop at all crosswalks. Please remember that there are pedestrian crossings, even when they are not marked and pedestrians have right-of-way pedestrian crossings at all marked and unmarked.
- Be careful with pedestrians leaving between parked cars. Also, remember that where there are a lot of cars parked, there will probably be more traffic on foot.
- Pay attention to pedestrians before entering or exiting a driveway or parking lot. This is when you cross the sidewalk where pedestrians walk. Pedestrians are likely to be less alert when walking on a sidewalk than when crossing a street.
- Make sure all clear blinding spots. Do not assume that your blind spot is clear even to check and make sure.
- Use your rear and side windows to look around before backing up and looking over your shoulder (s). Look around your vehicle and keep your eyes moving.
- Be careful around buses, on school buses.
- Teach your family about pedestrian safety.
Importance of being pending
If you are a driver or a pedestrian, the key to stopping the tragedy of pedestrian accidents is to remain conscious. Pedestrian accidents often occur when either the driver is attentive or careless. In a pedestrian against vehicle collision, the pedestrian almost always suffers due to the size and weight of the vehicle that hits him. According to estimates, most pedestrian accidents can be avoided if only motorists exercise caution when crossing pedestrians.
Damages in pedestrian accidents
In the case of pedestrian accidents, there are several damages that victims can obtain depending on the circumstances of the incident:
- Medical expenses: If a negligent driver strikes and attempts against a pedestrian, the driver must pay the pedestrian’s medical expenses. Often, this includes the cost of doctor’s fees, hospitalization, surgeries, medications, equipment and medical rehabilitation, etc.
- Loss of income: Pedestrian accident victims can also be compensated for lost wages while recovering from their injuries. Compensation for damages in this category often depends on factors such as the nature and extent of injuries, time spent away from work and income and benefits, etc. won by the victim.
- Permanent injuries: Pedestrians also tend to suffer serious injuries that can leave with chronic pain or permanent disability. Examples of catastrophic injuries suffered by pedestrians are traumatic brain injuries, back and neck injuries, amputations, multiple broken bones and internal organ damage.
- Pain and suffering of the past and the future: This is the most difficult category, since it can be difficult to put a price on the pain and physical and mental suffering of an individual. However, the victims are definitely entitled to these damages. An experienced New York personal injury lawyer can help injured victims recover the damages they are entitled to.
- Other damages: People who have been seriously injured and permanently can also seek other damages such as loss of livelihoods, especially if they are not able to make a living as a result of the injury. In many cases, victims can also seek compensation for loss of enjoyment of life. This is true in cases where the victims have lost their hearing or vision or in which someone is unable to walk or enjoy the activities they did before the accident, and in many other cases of injuries as well.
Who can be considered responsible?
Depending on the nature and circumstances of the case, a number of parties may be held responsible for a pedestrian accident. For example, in a case where a negligent or careless driver caused an accident, the owner of the driver and the vehicle can be held liable. If the driver and / or owner are insured (which is the most frequent case), then your insurance companies will pay the damages to injured pedestrians. If the guilty driver caused the accident, while at work, then your employer can also be held liable. For example, if a pedestrian is hit by a taxi, a supply vehicle or a bike messenger, in addition to the guilty driver, your employer can be held responsible. In cases where a dangerous or defectively designed road caused or contributed to the incident, the city or government agency responsible for road maintenance may be held liable. If a pedestrian is injured by an uninsured motorist or a hit and run driver, the compensation can be sought through the victim’s own auto insurance policy or through a quasi-state agency.
Contact a pedestrian accident lawyer
If you or a loved one has been injured in a pedestrian accident, experienced personal injury lawyers in Kenneth A. Wilhelm’s legal office can help you better understand your rights and legal options. Our law firm recently recovered $ 5.6 million for a man who was hit by a truck, and $ 2,550,000 for the other victim of a truck accident.
Please contact our personal injury lawyers FREE PHONE NUMBER 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). We can even come to you. There are no lawyer fees unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 states of the United States, please call us and we will try to help you with your case.
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