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New York City Pedestrian Accident Lawyer
Find out why we have some of the best New York City personal injury lawyers
Goldberg & Loren is a personal injury law firm in New York City that has recovered over half a billion dollars for our clients. We specialize in representing pedestrians who have been injured due to the negligence of others. Our attorneys are experienced and successful in litigating pedestrian accident cases, and recovering compensation for medical bills, pain and suffering, lost wages, and other damages.
If you or a loved one has been injured in a pedestrian accident involving a motor vehicle, contact our office today to discuss your case with one of our experienced attorneys. We understand the complexities of pedestrian accident cases and can help you understand your legal rights and options. The consultation is free and you don’t pay us anything unless we recover compensation for you.
What are Pedestrian Accidents?
Pedestrian accidents involve collisions between motor vehicles and pedestrians, which can result in severe injuries or even fatalities for the pedestrian. Pedestrians have the right of way in many situations, but despite this, accidents still occur.
Pedestrian fatalities in traffic crashes reached a 41-year high in 2022 nationally according to an analysis by the Governors Highway Safety Association. [1]
Common Causes of Pedestrian Accidents
Pedestrian accidents can occur at any time and in any place. There are many factors that contribute to pedestrian accidents. Some of the most common causes of these incidents include:
- Distracted Driving: Distracted driving is one of the top causes of pedestrian accidents. When drivers are not paying attention to the road, they are more likely to hit pedestrians or fail to yield to them.
- Drunk Driving: Driving under the influence of drugs or alcohol is a serious offense and puts the lives of all road users, including pedestrians, at risk. Impaired drivers may swerve onto sidewalks or fail to notice pedestrians crossing the street.
- Speeding: Speeding is a common cause of many accidents, and pedestrian accidents are no exception. When drivers are exceeding the speed limit or driving too fast for the conditions, they have less time to react to pedestrians and may be unable to avoid hitting them.
- Failure to Yield: Motorists are required to yield to pedestrians at crosswalks, but many fail to do so. This can lead to collisions and serious injuries.
- Poor Visibility: Low visibility conditions, such as darkness or heavy rain, can make it difficult for drivers to see pedestrians.
How to Determine Negligence and Liability in a Pedestrian Accident?
When a pedestrian is involved in an accident with a motor vehicle, determining negligence and liability can be a complex process. Many factors need to be considered, including the actions of the driver, the pedestrian’s conduct, and the road conditions at the time of the accident.
One of the primary factors that may determine negligence is whether the driver was following traffic laws. For example, if the driver was speeding, disregarding traffic signals, or driving under the influence of drugs or alcohol, they may be found negligent in causing the accident.
Another key consideration is the concept of duty of care, which refers to the responsibility drivers have to exercise reasonable care while operating their vehicles. This includes paying attention to road conditions, following traffic signals, and keeping a lookout for pedestrians. If a driver fails to meet this standard of care, they can be found liable for any injuries and damages that result from an accident.
The severity of the pedestrian’s injuries is also a critical factor in determining liability. If the pedestrian received severe injuries such as a traumatic brain injury, spinal cord injury, or broken bones, they may be entitled to significant compensation to cover their medical bills and other expenses.
Other evidence such as witness statements, police reports, and medical records may also play a role in determining negligence and liability.
Pedestrians accounted for almost one-quarter of the fatalities on New York’s roadways during the years 2016-2020. [2]
Financial Compensation for Victims of Negligence
When someone is injured due to the negligence of another party, they may be entitled to financial compensation. This compensation is intended to cover the victim’s medical expenses, lost wages, pain and suffering, and other damages they may have suffered as a result of the incident.
Not all accidents qualify for financial compensation. To be eligible, the victim must be able to prove that the other party was negligent and that this negligence directly caused their injuries. Negligence occurs when someone fails to act with the reasonable care that a prudent person would use in a similar situation. For example, a driver who runs a red light and causes an accident would be considered negligent.
Once negligence has been established, the victim can seek compensation through a personal injury lawsuit. In this type of lawsuit, your attorney will gather evidence to prove that the other party was negligent and that this negligence caused the victim’s injuries. This evidence may include witness statements, police reports, medical records, and other documentation.
The amount of compensation that a victim can receive will vary depending on the severity of their injuries and the impact that these injuries have had on their life. For example, a victim who has suffered a traumatic brain injury may be entitled to significantly more compensation than someone who has suffered a minor injury.
Other than financial losses, this is intended to compensate the victim for the physical pain, emotional distress, and other negative effects they have experienced as a result of their injury.
Table of Contents
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What are Pedestrian Accidents?
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Common Causes of Pedestrian Accidents
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How to Determine Negligence and Liability in a Pedestrian Accident?
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Financial Compensation for Victims of Negligence
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Immediate Medical Attention for Injured Pedestrians
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Recovering Lost Wages Due to Injury
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Understanding the Role of a Personal Injury Lawyer in Pedestrian Accident Cases
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Statute of Limitations on Filing a Claim or Lawsuit
Related Information
Immediate Medical Attention for Injured Pedestrians
If you’ve been involved in a pedestrian accident, getting immediate medical attention should be your top priority. Even if your injuries seem minor, it’s important to receive medical care as soon as possible. Not only can some injuries worsen over time without proper treatment, but delaying medical attention could also affect your ability to seek compensation for your injuries.
Pedestrian accidents can range from minor bumps and bruises to life-threatening injuries. Broken bones, spinal cord injuries, traumatic brain injuries, and internal bleeding are some of the most common injuries sustained in pedestrian accidents. These injuries can be painful, debilitating, and require extensive medical care. In some cases, injuries can even lead to permanent disability or death.
Even when injuries appear minor, it’s still essential to seek medical attention. Some injuries, like whiplash or concussions, may not manifest immediately and can worsen as time goes on. Seeking medical care right away can help doctors diagnose and treat any injuries early, potentially preventing further complications or worsening conditions.
Prompt medical attention can also help improve the odds of a successful recovery. Doctors may recommend a specific treatment plan tailored to your injuries, which may include surgery, medication, physical therapy, or other forms of medical care. Attending all follow-up appointments and following your doctor’s instructions is essential to ensure proper healing and prevent further issues.
Aside from physical injuries, pedestrian accidents can also cause emotional and psychological trauma. If you’re experiencing any emotional distress or struggling with mental health after an accident, it’s important to seek treatment. Therapy or counseling can help you cope with the stress and anxiety that can arise following a pedestrian accident.
Recovering Lost Wages Due to Injury
When you’re injured in an accident, there are many immediate and long-term concerns that must be addressed, from getting medical care to dealing with the emotional aftermath of the incident. One of the biggest concerns for many accident victims is how to recover lost wages due to their injury.
Lost wages refer to the income you are unable to earn because of your injury. This can include time spent away from work due to hospitalization, medical appointments, physical therapy, or other disruptions caused by the accident. For someone who was already struggling to make ends meet, this can be a major financial burden.
Recovering lost wages typically involves two main approaches: filing an insurance claim and pursuing legal action.
If you were injured in an accident that was someone else’s fault, the at-fault party’s auto insurance policy may provide compensation for lost wages. Note that insurance companies are often reluctant to pay for lost wages, and may try to minimize the amount of compensation you receive.
In some cases, it may be necessary to file a personal injury lawsuit against the at-fault party to recover lost wages. This can be a complicated process, and it’s important to work with an experienced personal injury attorney who can help you navigate the legal system.
To recover lost wages in a personal injury lawsuit, you will need to provide evidence of your lost income. This may include pay stubs, tax returns, and statements from your employer verifying the amount of time you missed and your regular pay rate. Your attorney can work with you to gather this documentation and ensure that it is presented effectively in court.
In some cases, lost wages may also be recovered through other sources of compensation, such as disability insurance or workers’ compensation. It’s important to explore all potential sources of compensation to ensure that you are fully and fairly compensated for your financial losses.
If you’ve been injured in an accident and are struggling to recover lost wages, don’t hesitate to seek legal help. With the right legal representation, you can pursue the compensation you deserve and focus on your recovery.
Understanding the Role of a Personal Injury Lawyer in Pedestrian Accident Cases
Pedestrian accidents can be devastating, resulting in severe injuries and even death. If you or a loved one has been involved in a pedestrian accident, seek legal representation from our personal injury lawyer who specializes in this type of case.
- Investigation & Evaluation:
The first step Goldberg & Loren will take is to gather information about the accident. This involves evaluating police reports, interviewing witnesses, and assessing the scene of the accident. We will also evaluate medical records to determine the extent of the injuries sustained. Using this information, we can determine the strength of your case and the projected value of your damages. - Communicating with Insurance Companies:
If your pedestrian accident involved a motor vehicle, the driver’s insurance company will likely be involved in the case. We will handle all communication with the insurance company, ensuring that you are not taken advantage of during the claims process. - Filing a Lawsuit:
If the insurance company is unwilling to offer a fair settlement, we file a lawsuit against the at-fault driver or their insurer. This process typically involves a series of pleadings, motions, and discovery requests, all of which will be handled by your attorney. We also represent you in court and argue on your behalf during a trial. - Recovering Damages:
The ultimate goal of our team in a pedestrian accident case is to recover damages on behalf of our client. These damages can include medical expenses, lost wages, pain and suffering, and in some cases, punitive damages. We will work to ensure that you receive the maximum compensation possible for your injuries and expenses.
Statute of Limitations on Filing a Claim or Lawsuit
If you have been involved in a pedestrian accident in New York City, it is important to know that the clock is ticking on filing a claim or lawsuit. Every state has a Statute of Limitations on how long individuals have to file a claim or lawsuit after an accident, New York included.
In New York, the Statute of Limitations for personal injury claims is three years from the date of the accident. This means that you have three years to file a claim or lawsuit seeking compensation for your injuries, medical expenses, lost wages, and other damages. If you fail to file your claim within this time frame, the court may dismiss your case, and you may forfeit your right to seek compensation. [3]
There are exceptions to this rule. For instance, if the person involved in the accident is a minor at the time of the accident, the Statute of Limitations may be tolled until they reach the age of majority, which is 18 in most cases. If the victim of the accident is mentally incapacitated, the Statute of Limitations may also be tolled until they regain their mental capacity.
Statute of Limitations may also apply to filing a claim or lawsuit against a government entity, such as a public transportation system or a city agency. In these cases, the timeframe for filing a claim may be much shorter than three years, often ranging from 30 to 90 days from the date of the accident, depending on the specific circumstances.
If you have been involved in a pedestrian accident in New York City, it is necessary to act quickly and file your claim or lawsuit within the timeframe set by the Statute of Limitations. By working with our experienced lawyers, you can help protect your rights and seek the compensation you deserve for your injuries and other damages.
Book a free consultation today!
Sources:
[1] GHSA. (n.d.). https://www.ghsa.org/sites/default/files/2023-06/GHSA
[2] New York FY2020 Highway Safety Plan | NHTSA. (n.d.). NHTSA. https://www.nhtsa.gov/document/new-york-fy2020-highway-safety-plan
[3] System, N. Y. S. U. C. (n.d.). Statute of Limitations chart | NY CourtHelp. Copyright © 1996-2022 Office of Court Administration, the New York State Unified Court System – ALL RIGHTS RESERVED. Without Prior Written Consent, Any Form of Copying or Alteration Is Strictly Prohibited. https://www.nycourts.gov/courthelp/goingtocourt/SOLchart.shtml
Goldberg & Loren Personal Injury Attorneys
5 Columbus Cir Suite 1501
New York, NY 10019
(646) 835-0311
We fight hard for our clients who have been injured in a pedestrian accident in NYC. Our personal injury lawyers fight for maximum compensation.
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