Staying Alert to the Most Dangerous Roads for Pedestrians in Long Island
Many people who live in the tri-state area believe that the most dangerous roads in the New York City Metro area are found in places like Manhattan and Queens. In reality, however, data shows that several roads in Long Island are among the most dangerous in the area. Many of these roads are state or county-owned and tragically see a large number of pedestrian accidents each year.
Long Island’s Most Dangerous Roads
Several roads in Long Island have been identified as the most dangerous roads in the tri-state area. Route 25 has been consistently ranked one of them. Spanning the length of Long Island, Route 25 (Jericho Highway) sees a number of deadly crashes every year. Some of the other deadly roads in Long Island include:
- Sunrise Highway
- Montauk Point State Highway
- County Road 39
- Route 1
- Route 24
- Route 27
- Hempstead Turnpike
- Merrick Road
Navigating New York Pedestrian Accident Laws
The New York Department of Health reports that an average of 12,506 emergency room visits each year occur due to traffic-related pedestrian injuries. Additionally, each year in the area, there are approximately 312 fatalities due to accidents. There are several state laws that pertain personal injury claims, and if you or a loved one has been injured in a pedestrian accident, you should remember the following:
- New York’s statute of limitations gives a person two years from the date of a pedestrian accident in which to file a personal injury lawsuit.
- New York law requires accident victims to establish that the driver was negligent in causing a person’s injuries.
- In New York, if an accident victim is partially at fault for an accident, the victim’s recovery is reduced by the percentage that an accident victim is at fault.
What You Can Do to Avoid Pedestrian Accidents
There are some helpful strategies that you can follow to avoid ending up injured or killed in a pedestrian accident. Some of these safety tips that you should make sure to follow include:
- Remember, children are small and are more difficult for drivers to spot. Always hold on to your children when crossing the street.
- Stay visible. Many pedestrian accidents occur after the sun has gone down. Make sure to wear light-colored or reflective clothing when out walking – day or night.
- Do your best to make eye contact with drivers before crossing the street in front of them.
- If you are walking, do your best to eliminate all distractions. Do not look down at your smartphone, and do not wear headphones while walking.
- Only walk on sidewalks and other designated pedestrian areas. Stay out of the roadways.
Covering Your Losses in a Long Island Pedestrian Accident Case
According to the New York State Department of Financial Services (DFS), you can obtain compensation for economic losses from the driver’s insurance policy. Losses covered include medical costs and a percentage of lost wages, up to a $50,000 limit. However, you can initiate a personal injury lawsuit for losses that surpass this limit and meet the serious injury threshold.
What Constitutes a Serious Injury Threshold in New York
In most cases, you cannot file a personal injury lawsuit against a driver in a pedestrian accident in New York unless your injury is considered “serious” under ISC § 5102(d). There are many ways to meet this threshold, including, but not limited to, the following:
- Fractured or broken bones
- Loss of fetus
- Permanent loss or use of organ, member, function, or system
- Significant disfigurement
In addition to economic losses, a personal injury lawsuit can include non-economic damages, like pain and suffering.
Proving the Other Party Was Negligent
Pursuing a lawsuit may also call for proving the other party’s negligence. In doing so, you must apply these four elements to your case:
- Duty of care: The other party had a legal duty to drive safely.
- Breach of duty: They were negligent, failing to uphold this duty.
- Causation: This breach led to a pedestrian accident, which caused your injuries.
- Damages: You’re dealing with economic and non-economic damages.
Evidence, such as police reports, medical records, relevant photographs, and witness testimony, can help support your claims.
When the Pedestrian Is at Least Partially At Fault for the Accident
If the pedestrian and driver were each partially to blame, they would share responsibility. As a result, the pedestrian would be allowed to recover only part of the damages and only those corresponding to the driver’s degree of fault.
What a Pedestrian Accident Lawyer Can Do for You While You Recover
Pedestrian accidents can lead to serious injuries, taking you out of work for weeks and forcing you to undergo intensive medical treatment. Getting better should be your focus, not worrying about pursuing damages via an insurance claim or personal injury lawsuit. Leave that to a pedestrian accident attorney instead.
- Collect and analyze evidence
- Study which laws apply to your case
- Prove the other party’s negligence and liability
- Deal with all correspondence and communication with all parties involved
- Evaluate your economic and non-economic damages
- Comply with all state-imposed deadlines
- Request a settlement from the insurance company and negotiate with them until they can agree on an amount
- Litigate your case before a jury, if necessary
If you ever have any questions regarding the progress of your case, never hesitate to reach out to your attorney. You can count on them to answer and address your concerns right away.
Speak With a Long Island Pedestrian Accident Attorney
If you or a loved one has been injured in a pedestrian crash and someone else is responsible for your resulting injuries, you should not hesitate to speak with an experienced personal injury lawyer.
Contact the Law Office of Cohen & Jaffe LLP today to schedule a free case evaluation. We take all pedestrian accident cases on a contingency-fee basis, so you won’t be charged any fees unless and until we procure a financial award for you. Dial (516) 358-6900.
For a free legal consultation, call 516-358-6900