New York Pedestrian Accident Attorney
If you or your loved one are involved in a roadside injury in NYC, you need to contact a New York pedestrian accident attorney immediately. Pedestrians who cross larger streets and major roadways are probably well aware of the hazards that their commute presents. Just attempting to cross one of these busy streets is usually a nerve-wracking experience. There is a growing trend in the number of injury or fatal incidents involving pedestrians that many of the largely populated cities of the nation are now struggling to curb.
Anytime a vehicle strikes a pedestrian, it is inevitably the pedestrian who is seriously or fatally injured. The initial impact of the collision with the vehicle and/or the force with which the victim falls or hits the pavement may lead to catastrophic injuries such as brain and spinal cord trauma, broken bones and internal organ damage.
These types of injuries often have a significant emotional and financial impact not only on the victims, but also their families. If you or a loved one has been involved in such a traumatic incident in NY, then it is absolutely essential to know how you can protect your rights. In such cases, an expert pedestrian accident attorney can guide you properly.
NYC Pedestrian Accident Statistics
Recent data indicates that in New York pedestrian accidents have increased significantly. In fact, a spate of fatal pedestrian accidents on New York City streets is putting the year 2014 on track to be one of the most lethal for pedestrians in the last four years. Seven people were struck and killed by vehicles just in the first 12 days of 2014. The best way forward in such unwanted situation is to contact a skilled pedestrian injury attorney.
If pedestrian fatalities continue to climb at the current rate, the city would have seen 200 pedestrian deaths by the end of the year. Comparatively, there were 156 pedestrian deaths in 2013. According to the city’s statistics, one New Yorker is killed every 35 hours in a traffic crash and for every eight traffic deaths, New Yorkers suffer 100 life-altering injuries including loss of limbs, immobility, traumatic brain injury and chronic pain. Consult a pedestrian accidents attorney if you are a victim of pedestrian injury in NYC.
Common Causes of NYC Pedestrian Accidents
According to the New York City Department of Transportation, the following are some of the common causes of pedestrian accidents citywide. Not surprisingly, almost all of them have to do with driver negligence.
In such cases pedestrian accident lawyer can provide a proper legal consultation.
- Driver inattention: The most common reason for a pedestrian collision in New York City is driver inattention. According to a DOT study, driver inattention is a factor in 36 percent of pedestrian crashes where the pedestrians were killed or seriously injured. Also, studies show that these types of crashes are twice as deadly as others. While driver inattention has long been a major factor in traffic collisions, the issue has assumed greater significance with the increased use of cell phones, tablets and other electronic devices. In a dense urban environment such as New York City, the failure to pay attention to the roadway can prove devastating.
- Failure to yield: In a recent study, the Department of Transportation found that drivers’ failure to yield to pedestrians is a primary cause of vehicle versus pedestrian collisions. Failure to yield is defined as the failure of a driver to yield to a pedestrian who is crossing the street. Nearly all failure-to-yield pedestrian accidents occur at signalized intersections in New York City. About 27 percent of pedestrian accidents that result in death or serious injury in the city involve a pedestrian crossing with the signal and the driver’s failure to yield.
Call the best pedestrian accident lawyers in NYC at the at the Law Offices of Kenneth A. Wilhelm if you have met with an unwanted roadside injury. Our New York City Pedestrian Injury lawyers at the Law Offices of Kenneth A. Wilhelm has long experience in getting the right compensation for the pedestrian accident victims.
Our Results
The New York pedestrian accident attorney at The Law Offices of Kenneth A. Wilhelm have achieved very favorable outcomes in cases where pedestrians were not walking in marked crosswalks. Our attorneys were able to secure a full $1,000,000 policy for a woman crossing the street, who was hit by a truck, even though she was not in a crosswalk at the time. We also got $950,000 for a man who was injured in a pedestrian accident while crossing the street outside of a crosswalk.
Pedestrian Accident FAQs
If you or a loved one has been injured in a New York City pedestrian accident, you may have a number of questions regarding your legal rights and options. You may be wondering what amount of compensation you are entitled to and whether you can hold the at-fault motorist accountable for your losses.
Here are answers to some of the questions we as Attorneys, are frequently asked in pedestrian accident cases:
Do I need an attorney to handle my pedestrian accident claim?
Yes; to protect all of your rights, even if your injuries were small. Also, if you were injured and had to be hospitalized and/or missed workdays, you need an experienced New York pedestrian accident lawyer on your side who will fight for your rights and help ensure that you are fairly and fully compensated for all your losses.
What responsibilities do drivers have toward pedestrians?
A driver has what is known as a “duty of care” when it comes to operating his or her vehicle near pedestrians. They are required under the law to yield the right of way to pedestrians. New York City law requires drivers to come to a full stop at crosswalks and yield the right of way to pedestrians. Even where there are no crosswalks, motorists have a responsibility to drive carefully. In certain areas such as school zones, drivers are expected to look out for children crossing or even running across the street. For this reason, school zones and residential neighborhoods have lower speed limits.
Can I seek compensation or file an injury lawsuit if I was not walking in a crosswalk?
Yes, absolutely. Victims should not believe that they are not entitled to compensation or that they don’t have the right to sue if they were not in a crosswalk at the time of accident. You are entitled to damages even if you were partially at fault. You may still bring a claim against the driver and the owner of the vehicle and/or another party if they were only partly responsible for your injuries and losses. Our law firm was able to secure the full $1,000,000 policy for a woman crossing the street, who was hit by a truck, even though she was not in a crosswalk at the time. Our expert team of New York pedestrian accident attorneys also got $950,000 for a man who was injured in a pedestrian accident while crossing the street outside of a crosswalk.
What should I do if I’m injured in a NY pedestrian accident?
If you have been injured in a pedestrian accident, there are several steps you can take immediately after the accident to ensure that your rights are protected. First and foremost, if you have been injured, do not deny medical attention. Go to the emergency room and get the treatment and medical care you need right away. If you are unable to return to the scene, have a family member or friend do so and gather information that could prove invaluable should you decide to file a personal injury lawsuit with help of a pedestrian accident attorney.
You should obtain photographs of the accident scene and your own injuries. Try to save any type of physical evidence including torn or bloodied clothing. Obtain all contact information including insurance, driver’s license number and vehicle license plate for all parties involved. Eyewitness information can also be extremely valuable in these cases. A person who saw the accident occur may be able to corroborate your statement or describe precisely what occurred.
If you have auto insurance, notify your insurance company that you were involved in a pedestrian accident. Do not talk to insurance companies or attorneys for other parties. Do not give any statements or admit fault. Keep track of all your expenses including medical and hospital bills, lost wages, rehabilitation costs, etc. Do contact an experienced attorney who will help protect your rights and look out for your best interests. Injured victims of pedestrian accidents can seek compensation for damages including, but not limited to, medical expenses, lost wages and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families of deceased victims can also seek compensation for their losses by filing a wrongful death claim.
Can I seek damages if I’ve been injured by a hit-and-run driver?
If you have suffered injuries in a hit-and-run pedestrian accident, you should still inform your auto insurance company about the incident. If the driver who struck and injured you fled the scene without providing any information, you may be able to seek compensation for your losses through the uninsured motorist clause of your own auto insurance policy. This is also the case when a member of your household has been injured by an uninsured or underinsured motorist. A knowledgeable pedestrian accident attorney can better explain how your auto insurance policy applies to a hit-and-run accident or in a case where the at-fault driver is uninsured or underinsured. Also, if there is no motor vehicle in your household you may still be able to recover money through a quasi-state agency. Contact a skilled pedestrian accident attorney right away regarding this.
What types of damages can I seek in a pedestrian accident case?
The damages that a victim can seek in a pedestrian accident case will often depend on the nature and extent of injuries sustained as well as the wrongful activity (liability) of the wrongdoer (defendant). Generally speaking, the greater the severity of your injuries and the defendant’s liability, the greater the value of your claim. Injured pedestrian accident victims can seek compensation for damages including, but not limited to, medical expenses, lost wages and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. with the help of an expert pedestrian accident attorney.
What if my child has been injured in a pedestrian accident?
While motorists in New York City have a “duty of care” to all pedestrians, the level of caution exercised is expected to be even higher where children are concerned. In New York, penalties are often higher for drivers who strike and injure children especially when they do so while driving at an unsafe speed in a school zone or by illegally passing a school bus. If your child has been injured, a pedestrian accident attorney who has experience handling similar cases can help you better understand your legal rights and options.
Who can I sue in a pedestrian accident case?
If you were seriously injured in a pedestrian accident due to someone else’s negligence, you may be able to file a personal injury lawsuit against the at-fault party. This may be a driver who caused the accident by driving impaired, distracted, fatigued or by failing to yield the right of way, etc. In some cases, property owners and/or property managers who fail to maintain their premises can also be held liable for pedestrian accidents; for example when someone falls on their property. In any such unwanted situation, call pedestrian accident lawyer at the Law Offices of Kenneth A. Wilhelm for the best legal help.
Contacting an Experienced NY Pedestrian AccidentLawyer
If you or a loved one has been injured in a pedestrian accident or if you have lost a loved one in an auto accident caused by a reckless driver or due to someone else’s negligence, the experienced pedestrian injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
Our New York pedestrian accident attorney recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van.
Please contact us TOLL FREE 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 is no attorneys’ fee 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 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com