Bronx Pedestrian Accident Lawyer

As a pedestrian, you want to feel safe on the streets. You probably take care to follow traffic laws, only crossing in safe locations and waiting for a clear signal before moving forward. Unfortunately, when a driver near you fails to take the same precautions, it can cause catastrophic injuries and accidents.

Pedestrians have no protection from the vehicle that strikes them, the road, or any obstacles in the way. As a result, when you suffer injuries in an accident with a vehicle, you may have lifelong implications and limitations from those injuries. Did you suffer injuries in an accident as a pedestrian? Contact our Bronx personal injury lawyers at Jacoby & Meyers, LLP, today to start the personal injury claims process.

Jacoby & Meyers: The Bronx Pedestrian Accident Attorney You Need

When you suffer injuries in a Bronx pedestrian accident, you may need an attorney to help you understand the claims process—and you want a law firm with a proven track record of success to increase the odds that you will get the best possible results in your case. At Jacoby & Meyers, LLP, we have handled many accident cases in the past, including successful personal injury claims after pedestrian accidents.

Take a look at some of our past results:

  • $2 million in a pedestrian trip and fall accident
  • $1.1 million to a pedestrian struck in a crosswalk
  • $800,000 in a pedestrian knockdown accident
  • $525,000 when a distracted pizza driver struck a pedestrian
  • $299,000 after a fatal pedestrian accident

The results of any personal injury claim will vary. Jacoby & Meyers, LLP, cannot guarantee what compensation you will receive for your injuries after a pedestrian accident. However, we fight hard for our clients, aggressively pursuing compensation for their injuries—and when you work with us, we will work equally hard for you.

“Definitely hire Jacoby & Meyers if you are in a serious injury accident” -Ray M.
★★★★★

How Does a Bronx Pedestrian Accident Claim Work?

9 Stages of the claim:

Following your pedestrian accident in the Bronx, consulting an attorney can help you better understand the claims process. The sooner you get in touch with a lawyer, the sooner the law firm can start working on your behalf: collecting evidence, consulting witnesses, checking traffic cameras, and even getting in touch with professional witnesses to discuss the circumstances of your accident and your injuries. A lawyer can help in every step of the claims process.

1. The Initial Offer

Often, soon after a pedestrian accident, the insurance company that covers the responsible driver will issue a settlement offer. The insurance company may contact you directly. In these early stages, you may have no idea of the full extent of your injuries or how those expenses will impact your finances long-term. Many victims accept those early settlement offers, assuming they represent fair compensation for their injuries.

Before accepting this offer, however, you should consult with an attorney to determine whether that offer represents the compensation you really deserve for your injuries. In many cases, the insurance company may keep that initial offer low to help minimize the company’s financial liability in the accident. Accepting that offer can ultimately limit the compensation you receive for your injuries.

2. Determining All of the Responsible Parties

Did you cause a car accident or did the driver cause a pedestrian accident? It’s a little more complicated than that. In many cases, you may assume that the driver who caused your pedestrian accident bears responsibility for the accident and, therefore, for your claim. In some cases, however, other parties may share liability in your Bronx pedestrian accident. Consulting with an attorney can give you a better idea of who contributed to your accident and, therefore, what compensation you should expect. The attorney may ask questions like:

Was the driver who caused your accident drunk? Bars and restaurants owe a duty of care to their patrons to avoid allowing drunk drivers on the road. As a result, bars and restaurants should not over-serve patrons they know plan to drive. If they continue to serve those drivers anyway, they may share liability for the accident.

Was the driver on the clock at the time of the accident? If the driver works for a company as a driver and caused your accident while carrying out work responsibilities, in some cases, the company that employs the driver may share responsibility for the accident. For example:

  • The company that owns the vehicle failed to maintain it properly.
  • The company required the driver to drive excess hours (truck drivers can only drive 11 hours out of a 14 hour shift each day).
  • The company required the driver to drive in unsafe conditions: while inebriated, while sick, or while too tired.
  • The company allowed a driver with a history of multiple accidents to continue driving.

Did a mechanical failure lead to the accident? A failure as simple as a missing signal light can increase the risk of an accident. More serious problems, like tire blowouts, can substantially increase the risk of an accident with severe injuries, especially for pedestrians, who may struggle to get out of the way if a mechanical failure causes another vehicle to spin out of control. Mechanical failure may present several potential responsible parties:

  • The company that manufactured the vehicle
  • The company that manufactured vehicle parts
  • A mechanic who recently worked on the vehicle

By fully discovering all the responsible parties after your accident, you can put together a claim package to send to each responsible party, increasing the odds that you will receive the compensation you need and deserve after your accident.

Was the driver distracted? Distracted driving is a widespread epidemic in the Bronx and throughout the country. Common distractions include: texting, using apps like Waze, changing the radio station, and even talking to passengers. Even a brief distraction can have catastrophic effects for a pedestrian who is hit by a distracted driver.

3. Your Claim Package

Whether you choose to work with an attorney or file your personal injury claim directly with the insurance company of the driver who caused your Bronx pedestrian accident, you will put together a claim package that includes the compensation you want for your injuries. This package will include:

4. An Account of Your Injuries and Your Medical Bills

Following a Bronx pedestrian accident, you may have serious injuries, all of which can cause expenses that add up quickly. You may have:

Traumatic brain injury. A traumatic brain injury may occur when your head strikes the vehicle that caused your accident or the pavement. Following a traumatic brain injury, you may face long-term complications, including:

  • Memory issues, including problems with both short-term and long-term memory
  • Concentration struggles
  • Difficulty focusing
  • Mood swings
  • Agitation
  • Depression
  • Anxiety
  • Headaches
  • Cognitive difficulties

Depending on the severity of traumatic brain injuries, you may face costs ranging from $85,000 to $3 million.

Spinal cord injury. Spinal cord injuries can cause complete paralysis below the site of the injury or, in the case of incomplete spinal cord injuries, leave the victim struggling with limited mobility or decreased function below the site of the injury. Spinal cord injury victims not only face the cost of hospitalization and therapy after the accident, they may need to make many modifications to their homes or vehicles to maintain mobility and independence.

Amputations. Limb amputation may occur during the accident itself, when the victim suffers severe cutting damage. Crushing damage can also restrict blood flow in the impacted limb, causing tissue to die and doctors to decide to remove the limb. After amputation, not only will victims require substantial physical and occupational therapy, they may choose to use a prosthetic limb. Those limbs require regular replacement: on average, they only last about three to five years, a huge ongoing expense that any settlement or verdict should take into account.

Burns. Severe burns often occur when a car bursts into flames after an accident. Hazardous chemicals carried by a truck or in a passenger vehicle can also substantially increase the risk of burns. When pedestrians suffer burns in accidents, they may have lifelong scarring. When burns occur near joints, the burns can severely decrease mobility around that joint.

Road rash. In pedestrian accidents, many victims are thrown to the road. This can cause flesh to scrape across the road, removing the top layer of flesh or, in some cases, going even deeper. Dirt and debris from the road as well as fibers from the victim’s clothing may get ground into the wound. Road rash often leaves severe scars behind.

Broken bones. In a pedestrian accident, not only does the force from the vehicle strike the pedestrian, the victim may encounter the road or poles with the same degree of force. In many cases, this can result in broken bones. Broken bones often cause serious mobility challenges for their victims, leaving them struggling to get around or to perform daily work tasks—especially in the case of multiple broken bones, which can make it more difficult for the victim to compensate.

Chest contusions. At the time of the accident, pedestrian accident victims may notice tenderness in the chest, especially if struck directly in that area. Over time, however, swelling often increases. Increased swelling can cause damage to the heart or make breathing extremely difficult. Chest contusions require substantial time to heal and may require the victim to take it very easy until he makes a full recovery.

5. An Account of Your Lost Wages

Not only do pedestrian accidents often leave you with significant medical bills, but such accidents also may leave you struggling with the inability to return to work—and your other bills will not disappear while that happens. As part of your pedestrian accident claim, you may include your lost wages.

When your accident prevents you from returning to work in your former capacity, you can also include lost earning potential. Compensation for lost earning potential can help you:

  • Pay to go back to school
  • Pay to acquire new certifications or skills
  • Pay your bills during a long or difficult recovery

6. The Extent of Your Pain and Suffering

In addition to financial expenses you can put a number on, injuries after a pedestrian accident can cause substantial physical, mental, and emotional anguish. By working with an attorney, you can break down the extent of your physical pain and suffering, making it easier for you to define the funds you deserve for your injuries. Most insurance companies use a scale based on your medical expenses to help assign pain and suffering. In some cases, however, extenuating circumstances can increase the pain and suffering you face after an accident. An attorney can help you better include that as part of a personal injury claim.

7. Negotiation

In some cases, the insurance company will respond to your claim package by issuing a payment in the amount you requested. In other cases, the insurance company may come back with an offer of its own, which you can then accept or dispute. Often, you will need several rounds of negotiation, including evidence-gathering, to help determine the final settlement you receive for your injuries. An attorney can help you move through this process and prevent you from missing out on much-needed funds.

8. Mediation

If you cannot reach an agreement with the insurance company, you will move on to mediation, often with a judge or former judge. During mediation, you will sit down with the neutral party assigned by the court to discuss the terms of your injury, the compensation you want, and what the insurance company wants to offer. Mediation will often help you reach a reasonable agreement that can help prevent you from having to go to court.

9. Trial

If you cannot reach an agreement in mediation, your claim may need to go to trial. At the trial, you will present evidence about your injuries, including the extent of your medical bills and your limitations following the accident. After viewing all evidence, the jury will determine how much compensation you deserve and give the insurance company a timeline for making payment. An attorney can help present your case at trial, offer evidence, bring in expert witnesses, and increase your odds that the resolution will go in your favor.

Pedestrian Accident Injury Statistics in Bronx, NY


Source: https://www.itsmr.org

Bronx Pedestrian Accident FAQ:

Injured While Walking in the Bronx? We Have Answers

New Yorkers walk everywhere. Rain, snow, or sun, we walk to work, school, the store, and for leisure. Walking is generally a safe activity, but we also share some space with vehicles. Unfortunately, over 100 New Yorkers die each year in pedestrian accidents. The vast majority of these accidents are caused by cars striking pedestrians.

However, not all pedestrian accidents result in death. Many people suffer injuries each year in pedestrian accidents, and many of those injuries are life-altering. If you or a loved one has been injured while walking in the Bronx, you deserve to hold the negligent driver accountable. Work with an experienced Bronx pedestrian accident injury lawyer to recover compensation for the full cost of your injuries.

What causes pedestrian accidents?

When a pedestrian is in a crosswalk, even if there is no traffic signal, he or she has the right of way in New York City, but drivers often are not paying attention. Indeed, distracted drivers are the primary cause of pedestrian accidents.

Other causes of pedestrian accidents include:

  • Speeding
  • Driving under the influence of drugs or alcohol
  • Failure to yield
  • Running a red light or stop sign
  • Poor weather conditions
  • Parking lot accidents

While there are many other causes of pedestrian accidents, the aforementioned are some of the most common. If you or a loved one has been struck by a car while walking in the Bronx, you should determine your eligibility to seek compensation from the at-fault party. Working with a skilled Bronx pedestrian accident attorney can give you the peace of mind you need. When your lawyer is focused on your financial recovery, you can put all of your effort and energy into your physical and mental recovery.

What are some common pedestrian injuries?

A pedestrian is injured in an accident with a car every eight minutes. Some of the injuries suffered are minor, and others are life-altering. Because pedestrians do not have the protection and safety equipment that a car provides, if you’re struck by a car while walking down a sidewalk in the Bronx, your body will take the full force of the impact with the car. Even if the car is moving at a slow speed, the force applied to your body can be so extreme that your life may never be the same.

Pedestrian accident injuries range and vary depending on the type of accident you are involved in.

Some of the most common pedestrian accident injuries include:

  • Traumatic brain injuries: The most common type of traumatic brain injury is a concussion. These injuries happen when the body is hit with such force that the brain moves inside the skull, often slamming into the skull causing bruising and bleeding inside the brain. If not treated immediately, traumatic brain injuries can quickly turn fatal.
  • Spinal cord injuries: Just like traumatic brain injuries, spinal cord injuries directly result from the force applied to your body when you are hit by a car. The spine contorts and may crack, or vertebrae may become dislodged and cause damage to the spinal cord. Serious spinal cord injuries may result in complete paralysis, and even minor spinal cord injuries can change your life forever.
  • Broken bones: It is quite obvious that broken bones can occur when your body is struck by a moving vehicle. Your bones are incredibly strong, but they will break under extreme pressure. With the right angle of force, you may end up with multiple broken bones as a result of an accident.
  • Amputation: In the most severe accidents, amputations occur. Amputations are generally a result of a high-speed accident that involved catastrophic injuries. Amputations forever change the course of a victim’s life.

What four steps should I take after an accident?

The steps you take after your pedestrian accident play an important role in your ability to recover damages from the at-fault party.

After your pedestrian accident in the Bronx, take the following steps:

  1. Call 911. This is obvious, but it serves two important purposes. First, emergency medical personnel will rush to the scene of the accident. They will evaluate you for injuries and determine whether you need additional medical attention at a hospital. Do not refuse this help. You may have injuries of which you are unaware, and you may have internal injuries that require extensive medical assistance. Second, calling 911 sends the police to the accident scene. When the police arrive, they will speak to you, the driver, and any witnesses. They will compile their information in a report, and while they may not assign fault, this report will help your attorney show that you are not to blame for your injuries.
  2. Take pictures and speak with witnesses. If you are able, take lots of pictures. If you cannot take pictures, have a trusted friend or family member do so for you. Make sure you get pictures of your injuries, the car that struck you, and the entire accident scene. You should also speak with witnesses. Many times, witnesses will not wait around for the police to arrive and take witness statements. So, at a minimum, you want to get witness contact information so that your pedestrian accident lawyer in the Bronx can speak with the witnesses later. Witnesses often provide a different perspective of the accident and may provide insight into the moments leading up to the accident, which can help to prove the driver was at fault.
  3. Keep a personal injury journal. Over time, your memory of the accident will fade. You will not remember exactly what happened at the accident scene, and you will not recall every hurdle and obstacle you faced on your road to recovery. Keeping this information in a log is important to show what you had to go through to get better. Note how you feel each day, how many doctor appointments you needed, how much pain medication you needed to take, and your mental state. All of this information helps to show the value of your pedestrian injury claim and gets us one step closer to maximizing your recovery.
  4. Contact Jacoby & Meyers, LLP. Suffering an injury at the hands of another party is incredibly frustrating. Your life may forever change because of someone else’s negligence. Do not suffer any more than you already have. Hold the negligent driver liable for the accident and your subsequent injuries. To do that, you should work with a trusted pedestrian accident injury lawyer in the Bronx. You need someone with your best interests at heart and someone with a proven record of success. Let us help you get back on your feet.

How much compensation will I receive?

The value of your pedestrian injury claim depends on many factors. When you work with us, together we can create an accurate estimate of your financial needs based on your injuries and your prognosis for recovery.

We may try to recover compensation for the following:

  • Pain and suffering
  • Emotional distress
  • Lost wages
  • Lost earning potential
  • Loss of life enjoyment
  • Loss of companionship
  • Past, present, and future medical bills
  • Rehabilitation costs

Every pedestrian accident claim is slightly different. The circumstances surrounding your accident will not be identical to any other pedestrian accident, but there will be many commonalities. That is why we are confident that we can help you, just as we have helped many other Bronx pedestrian accident victims recover compensation for their injuries in the past.

Preparing an accurate estimate for your future medical needs is important to understand the full value of your claim. One thing you do not want is to get short-changed in your recovery and end up having to pay out-of-pocket for your medical expenses. You did not cause this accident, so you should not bear any responsibility for the medical bills that you face.

Do I have to file a pedestrian accident claim soon?

Yes. Under New York law, you must file your pedestrian accident claim resulting from a car accident within three years from the date of the accident.

You might think three years is a long time, but think about all of the hurdles that you may face in your path to recovery, including the following:

  • Extended hospital stays
  • Multiple surgeries
  • Rehabilitation in a facility
  • In-home rehabilitation
  • Inability to work

Accounting for all of the roadblocks, three years will fly by. If you miss this deadline, your pedestrian accident claim is barred, and that means you cannot hold the negligent driver responsible for your medical bills. As a result, you will end up paying what may prove to be extremely expensive medical bills out of your own pocket. Do not let this happen to you.

When you contact a trusted Bronx pedestrian accident lawyer right after your accident, you set in motion a series of events that increases the likelihood that you make a full and complete recovery faster. When you work with us, we focus on proving your pedestrian accident case by speaking with witnesses and collecting evidence to show that the negligent driver was at fault and should be on the hook for your bills.

While we are doing that work, you can focus all of your effort and energy on your physical recovery. Your case is in good hands, and you can rest assured knowing that your attorney is working hard to ensure that you’re compensated for the full cost of your injuries.

Should I just settle and move on?

We know you want to get back to your normal life, and we know you are focused on your physical recovery. However, we also know that you do not want to end up in financial hardship because of an accident that you did not cause. That’s why we urge caution when you get a quick settlement offer.

Shortly after your pedestrian accident, the insurance company of the at-fault driver might contact you and offer you a quick settlement. The company wants you to take this offer without thinking about your future medical needs. The company’s goal is to make you go away for as little as possible. Later on, when you realize the settlement funds were not enough to cover all of your expenses, it will be too late to collect any more damages from the insurance company.

We do not want to see you in this position, which is why you need to have a seasoned pedestrian accident injury attorney in the Bronx review your settlement offer to ensure it covers all the expenses you need. Many times, the initial offer from the insurance company is a low-ball offer that doesn’t reflect the true value of your claim. When you work with us, we can negotiate with the insurance company on your behalf and establish the full value of your claim. Hopefully, the insurance company is reasonable and negotiates with us, and we can settle your case for a fair amount.

However, sometimes, insurance companies refuse to negotiate reasonably, and we need to take your case to trial to maximize your compensation. When this happens, you want to have an attorney by your side with pedestrian accident trial experience. Not every law firm has the resources required to conduct a complex pedestrian accident trial. We will need to speak with expert witnesses, medical professionals, accident recreation experts, and eyewitnesses. All of this work requires a keen eye and attention to detail that only comes with experience.

Why do I need a lawyer?

Many people mistakenly believe that pedestrian accident cases are easy to prove. The driver hit me while I was walking, so of course, he or she should pay my medical bills. However, it’s not that easy.

Strict deadlines apply to pedestrian accident cases. There are medical records to review and witnesses to depose. Not only is this work time consuming, but also it requires a thorough understanding of New York law. Your injuries are serious, and you need to focus on your physical recovery. Let your trusted Bronx pedestrian accident attorney focus on your legal case and negotiations with the insurance company. At Jacoby & Meyers, LLP, our goal is to move quickly and strive for a fair settlement that helps you get back to regular life without worrying about your medical bills.

Contact us today. We look forward to showing you how we can help you maximize your recovery.

Contact Jacoby & Meyers Today if a Vehicle Hit You While You Were Walking

If you suffered injuries in an accident as a pedestrian, you need an attorney who will fight hard to help you get the compensation you deserve. At Jacoby & Meyers, LLP, we work with our clients to help them seek compensation for their injuries. Contact us today at (718) 294-0813 or write to us online to schedule your free evaluation with a member of our experienced legal team. We will help determine your eligibility to file a claim, and if you choose to retain us, we will represent you every step of the way.

Jacoby & Meyers, LLP
656 East Fordham Road
Bronx, NY 10458