A pedestrian using a crosswalk to cross a New York street or walking on a sidewalk should not have to worry about being hit by a car, truck, or motorcycle. Yet, there are about 100 traffic-related pedestrian fatalities a year in New York City and an average of 300 annually across the State of New York.
Motorists have a legal obligation to look out for the safety of pedestrians and others on and near New York’s streets. But after a pedestrian accident, the driver’s insurer may try to avoid paying a settlement by blaming the pedestrian for the accident. An insurer may also offer an inadequate settlement that doesn’t cover the accident victim’s medical bills.
The Long Island personal injury attorneys at the Law Office of Cohen & Jaffe, LLP have proven the ability to hold negligent drivers and insurance companies accountable for losses suffered by injured pedestrians. Contact us today for a free consultation. Our Long Island personal injury lawyers handle pedestrian accidents in Nassau County, Suffolk County, Queens, and across New York City. Our attorneys have a reputation for attentive service and aggressive advocacy for our clients. Se habla español.
Why NYC Pedestrian Accidents Happen
The National Highway Traffic Safety Administration (NHTSA) notes that out of 207 total traffic fatalities in New York City in a recent year, 95 were pedestrians— 45% of all traffic deaths.
A pedestrian accident refers to motor vehicle traffic crashes involving any person on foot, walking, running, jogging, hiking, standing, sitting, or lying down. In many cases, pedestrian accidents result from driver error.
Pedestrians are obligated to obey traffic signals, cross streets in crosswalks, and yield to a motor vehicle that has the right of way. But even when a pedestrian is in error, the motorist has an obligation to try to avoid hitting a pedestrian.
Motorists hit pedestrians because of inattention, including distracted driving caused by cell phone use, eating, drinking, and other unnecessary activities behind the wheel. Pedestrians also get hit when drivers back up or pull away from parking spaces, alleys, and driveways without checking all blind spots.
Many pedestrian accidents occur at intersections when a car is turning. When a motorist turns left, visibility is partially blocked by the vehicle’s support between the windshield and side window. In right-hand turns, the driver tends to be looking left for oncoming traffic and may turn right as a pedestrian enters a crosswalk.
In metropolitan areas like New York City, aggressive driving causes many pedestrian accidents. Aggressive behaviors include speeding and unsafe passing, as well as running or “rolling through” stop signs and stoplights.
The NHTSA says alcohol involvement — by the driver or the pedestrian — was reported in nearly half of traffic crashes that resulted in pedestrian fatalities in 2017. It is illegal to operate a motor vehicle with a blood-alcohol concentration (BAC) of .08% or greater. Drunk drivers have impaired judgment and slower reactions to dangerous situations.
Common Injuries Incurred from Pedestrian Accidents
A pedestrian struck by a car, truck, bus, motorcycle, or even a fast-moving bicycle suffers the initial impact from the vehicle and then a second impact when the pedestrian hits the pavement or some other structure. In some cases, the vehicle drags the injured pedestrian along the pavement before stopping.
A pedestrian who survives being struck by a moving vehicle is likely to have significant injuries. The speed of the vehicle at impact will largely dictate the severity of the pedestrian’s injuries.
Pedestrian accident victims are vulnerable to injuries such as:
- Head and traumatic brain injury (TBI)
- Back and spinal cord injury, including paralysis
- Arm and leg fractures
- Rib and pelvis fractures
- Hip dislocation
- Internal organ damage
- Soft tissue injuries (torn muscle and ligaments, contusions, abrasions, lacerations, degloving).
These injuries require medical care, potentially including surgery, a hospital stay, and rehabilitation, to reach maximum medical improvement. Many people involved in pedestrian accidents never fully recover and live with lifelong disabilities, which may require ongoing care and assistance with daily activities.
The medical costs and income losses associated with injuries suffered in a pedestrian accident may be recouped in an insurance claim, if the motorist caused the accident. A personal injury attorney experienced with New York pedestrian accident claims at the Law Office of Cohen & Jaffe can help you seek full compensation for your losses, including your pain and suffering.
Possible Recoverable Damages in a Pedestrian Accident Case
In each case we handle, we seek fair compensation based on the client’s unique damages. No two client’s damages are exactly alike, so we will conduct a thorough investigation of your losses. Your physicians and third-party experts can help us determine the nature and cost of your damages, which may include:
- Lost income and earning power: Much of the financial stress of a pedestrian accident may stem from your inability to work. Even if you can work in a partial capacity, your injuries may cause lost wages, diminished earning power, lost chances at promotions and performance bonuses, and other professional damages.
- Pain and suffering: Pain from your injuries, traumatic recollections of the accident, anxiety, depression, lost quality of life, and loss of physical and cognitive abilities may all qualify as pain and suffering. Our experience with pedestrian accident cases means that we know how to calculate this non-economic loss accurately.
- Healthcare costs: Any interaction with New York’s healthcare system can result in great expense. After a pedestrian accident, you might need emergency transportation and medical care, surgery, medications, and to stay in the hospital. Even then, you may need to complete many follow-up visits with physicians and endure rehabilitation. When disabling injuries occur, victims may need medical equipment, in-home care, specialized vehicles, and other costly resources.
- Damaged property: If your accident caused property damage, like a smashed cell phone, damaged jewelry, broken sunglasses, and other types of damage, we’ll seek appropriate coverage for such losses.
Too often, we see victims lose their lives because of pedestrian accidents. If you’ve lost a loved one in a pedestrian accident, we’ll seek appropriate coverage. While a financial recovery pales in comparison to your immense loss, liable parties may owe you compensation for:
- The loss of a spouse, parent, child, or other loved one
- Your pain and suffering, and the pain and suffering that the decedent experienced before their passing
- Funeral costs
- The decedent’s accident-related medical expenses
- Grief counseling and other treatment you require
- Any other damages stemming from the wrongful death
Reliving the details of a pedestrian accident can be painful. Our team will handle all case-related details so that you don’t have to re-experience your trauma.
What to Do If You Are Injured in a Pedestrian Accident in New York
First, know this: an insurance adjuster will generally try to save his or her employer as much money as possible when resolving an accident settlement.
Insurance adjusters work with accidents, accident victims, and their medical bills and other losses every day. They know what you deserve to be paid, and what they may get away with paying you. You should not accept a quick settlement offer from a driver’s insurance company without having a personal injury lawyer review it and advise you on whether the offer is reasonable in light of your injuries.
You should contact the experienced NYC pedestrian accident attorneys of the Law Office of Cohen & Jaffe, LLP if you have been hit by a motor vehicle and are dealing with hospitalization, time out of work, medical bills, or other damages. We can help you pursue full compensation from the person or persons responsible for your injuries.
- As your New York pedestrian accident attorneys, we will help you identify all potential sources of compensation after an accident.
This may include liable third parties that you may not have thought about, such as the employer of a driver who hit you while driving as part of the job, or a bar that served an underage or impaired patron who ran into you.
- Our pedestrian accident attorneys will document the value of all of your losses and demonstrate to the insurance company the full amount of money you deserve.
Our attorneys will determine the fair value of your pedestrian accident claim based on your direct losses. We may identify these losses from medical bills, projections of future costs for ongoing medical needs, employment and income records, and other sources.
- After thoroughly investigating your NYC pedestrian injury accident, we will seek to negotiate a settlement and will be prepared to file a personal injury lawsuit if necessary.
We typically initiate a claim by submitting a demand letter and then negotiating with insurance companies for a full and fair settlement. When circumstances require, we don’t hesitate to take further legal action.
Our team will help you with your urgent issues, such as obtaining medical care and dealing with insurance adjusters and creditors.
Our goal is to take the burden of dealing with insurance adjusters off you so you can stay focused on recovery. Once you engage us as your attorneys, we can take over all aspects of your claim. We will notify your doctors and other creditors that we are pursuing a legal claim on your behalf. In many cases, medical providers will delay collection efforts if they understand that a legal claim is pending. We will also communicate with you on a regular basis to make sure you are up to date on the progress of your claim.
Long Island Hit-and-Run Accident Attorneys
Nearly one of every five pedestrians killed in 2017 (19%) were struck in crashes that involved hit-and-run drivers, NHTSA says.
When a driver has fled the scene and has not been identified, hit-and-run accident victims are covered under the uninsured motorist (UM) provision of their own auto insurance. Our attorneys will pursue every payment you are eligible to receive through UM insurance coverage, including compensation for medical costs, lost income, needs due to lasting disability, and pain and suffering.
Our Firm Has Earned Ringing Endorsements from Past Clients
If you ask our past clients, you’ll know that our firm fights tenaciously for fair outcomes:
“If you ever have any doubts about your current lawyer and would like to see what a real law firm is supposed to be, then I highly recommend this firm. From start to finish, Richard Jaffe , Stephen Tiger, and the whole staff genuinely care about you and your family, and whatever else is important to you.” – Do Chang, former client
“From my personal experience, this firm is one of the best. They take care of your stress and worries. You can feel comfortable to ask them questions at any time. They’re always there for any help. The lawyers explain every detail and they have a wonderful staff. The staff always answers your calls and call you back ASAP. Will keep recommending them to my friends and family.” – Celeste, former client
“Mr. Jaffe is truly professional and highly knowledgeable. He was always accessible for any questions or concerns I had. He showed true compassion for what I was going through, I highly recommend Mr. Jaffe.” – Catherine, former client
There is no need to fight for justice on your own. Let our team take the reins and lead your case to the finish line.
Contact Our New York Pedestrian Accident Law Firm Today
If you have been hit and injured by a motor vehicle or bicycle as a pedestrian in New York City, contact the NYC pedestrian accident attorneys at the Law Office of Cohen & Jaffe for strong legal assistance. We can help you seek the compensation that you need.
Call our personal injury law firm today or e-mail us, and we will respond promptly. Our Long Island pedestrian accident attorneys offer free legal consultations, including in-home and hospital visits.
For a free legal consultation with a pedestrian accidents lawyer serving Long Island, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.