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 NYC 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 New York streets. But after a pedestrian accident, the driver’s insurer may try to avoid paying a settlement by blaming the person on foot for the accident or 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 the proven 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) says 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 any person on foot, walking, running, jogging, hiking, standing sitting or lying down who is involved in a motor vehicle traffic crash. In most cases, a pedestrian accident is caused by 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, because of the danger posed by an accident, 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 and 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 adequately looking.
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 NYC, aggressive driving causes many pedestrian accidents. This includes 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%. Drunk drivers have impaired judgment and slower reactions to accident situations.
Common Injuries Incurred from A Pedestrian Accident
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.
People on foot are vulnerable to the following types of injuries:
- Head and traumatic brain injury (TBI)
- Back and spine / 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 will 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 life-long disabilities, which may require ongoing care or assistance with daily life 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 NYC pedestrian accident claims at the Law Office of Cohen & Jaffe can help you seek full compensation for all of your losses, including your pain and suffering.
What to Do If You Are Injured in A Pedestrian Accident in New York
An insurance adjuster will 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 can 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 if you have been hit by a motor vehicle and are dealing with hospitalization, time out of work, and medical bills for treatment of your injuries. 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 experienced 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 determine the fair value of your pedestrian accident claim based on your direct losses identifiable from medical bills, projections of future costs for ongoing medical needs, and lost income from current salary and, in cases of partial or complete disability, losses from future earnings due to a reduced capacity to earn a living. We will also pursue compensation for the pain and suffering you have unjustly had to endure.
- After thoroughly investigating the 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. If a settlement that is appropriate – and acceptable to you – cannot be reached, we will be ready to file a pedestrian injury lawsuit and present your case to a New York jury. Because we conduct thorough accident investigations, we are prepared to present a strong case on your behalf in court if that is necessary.
- 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 1 of every 5 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 provision of their own auto insurance. Our attorneys will pursue every payment you are eligible to receive through UM/UIM insurance coverage, including compensation for medical care costs, lost income, needs due to lasting disability, and pain and suffering.
Contact Our New York Pedestrian Accident Law Firm Today
If you have been hit and injured by a motor vehicle or bicycle while a pedestrian in New York City, contact the NYC pedestrian accident attorneys at the Law Office of Cohen & Jaffe for strong and experienced legal assistance. We can help you recover compensation that you deserve to have.
Call our personal injury law firm at 866-882-0516 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 Personal Injury lawyer serving Long Island, call 516-358-6900