New York Personal Injury Lawyers / New York Pedestrian Accident Attorney

New York Pedestrian Accident Attorney

Pedestrian accidents are among the most deadly and severe of all traffic collisions. With no protection from passenger vehicles, trucks, buses, and others on the road, pedestrians face serious, sometimes catastrophic injuries. New York consistently ranks in the top 10 states for pedestrian deaths, putting area residents at even more of a risk.

 

The Law Firm of Jacoby & Meyers, LLP Gets Results in Pedestrian Accident Claims

The award-winning personal injury attorneys at Jacoby & Meyers, LLP, have spent the last 40 years representing clients who suffered injuries as a result of other parties’ negligence. Our firm’s commitment to client service and professional excellence has resulted in the recovery of millions of dollars from settlements and verdicts in favor of the plaintiff. Some recent examples of pedestrian accident cases include:

• $1,100,000 settlement for a 72-year-old woman who was struck in a crosswalk
• $800,000 settlement for a client who was knocked down in a crosswalk by a vehicle when crossing E. 26th Street
• $400,000 settlement for a 32-year-old man struck by a vehicle when he was in a crosswalk
• $285,000 settlement for a client hit by a distracted delivery driver while crossing East Houston Street at a crosswalk
• $250,000 settlement for a woman who was struck by a motorist on 22nd Street in Manhattan while rollerblading to work
• $525,000 settlement for a client who was struck by a distracted pizza delivery driver

These recent examples do not guarantee a specific financial outcome for your case, as it’s impossible to predict outcomes when each case is unique. Nonetheless, the skilled legal team at Jacoby & Meyers, LLP, can uncover those facts and build the best case possible against the party who caused you harm. Although each of the previous examples are settlements, our skilled litigators can also aggressively fight for you in the courtroom when a settlement is not an option.

Factoids About New York Pedestrian Accidents

The New York City Department of Transportation (NYC DOT) has invested ample resources into researching pedestrian accidents to understand more about them, giving policymakers the information they need to create, implement, and enforce laws and safety initiatives. The following facts and trends from the NYC DOT might help you put your accident and injuries into perspective. Unfortunately, pedestrian accidents occur far too frequently in New York:

• Pedestrians are 10 times more likely to die in a collision than the driver.
• Pedestrians account for approximately 50% of all the city’s traffic fatalities.
• More than one-third of all pedestrian accidents resulting in serious injuries or fatalities occur as a consequence of inattentive driving.
• About 25% of pedestrian accidents occur because a driver fails to yield.
• Most New York drivers do not know that the city’s speed limit is 30 miles per hour.
• 80% of severe injury or fatal crashes involve male drivers, and about 80% of the same crashes involve private passenger vehicles.
• Manhattan has four times as many pedestrian injuries and fatalities as the other four boroughs.

Because of the frequency of these accidents, it’s always important to know what to do if you’ve been hurt.

Steps to Take After a Pedestrian Accident in New York State

Taking a few vital steps can help protect any future personal injury claim you file.

Ensure You Are Safe

After an accident, you need to get yourself to safety. You may be at risk of further injuries if you remain where you are. There are only some instances when we recommend remaining where you are.

If you realize you’re actively bleeding, for example, or you think you’ve hit your head or damaged your spine, you should not move. The same applies if you are in significant pain. Moving could worsen any existing injuries, so it can be better to wait for paramedics to assess you before moving.

Call Paramedics

We recommend calling paramedics as quickly as you can after the accident. All too often, people assume they have not suffered injuries because they don’t feel immediate pain. That can lead them to leave the scene of the accident, thinking they’re fine.

Many injuries are not immediately visible and might not even be painful because of the adrenaline and shock you may be experiencing. Not only is not getting medically assessed dangerous for your overall well-being, since you can end up with worsening injuries, but it can also be detrimental to any claims you choose to file.

Have the paramedics look you over and, if they recommend going to the hospital, listen to them. Although it may seem like an inconvenience, it could mean preventing more serious complications from unaddressed injuries.

Get Officers to the Scene

You should always ensure police officers get to the site of the accident. Do this even if you think it’s a minor incident. You will need to get a police report to file a claim, so it’s always easier to have law enforcement there in person.

When you speak to the police officer, offer as much information as you have about how the accident occurred, but avoid any mention of fault.

Although motor vehicle operators are usually at fault when it comes to pedestrian accidents, there could be incidents when you could be partially responsible. You should not risk your claim by speaking about fault.

Make sure you ask how to get a copy of the report for your claim. Our lawyers will use the information written there to begin the claim.

Start Gathering Evidence

It’s essential to start gathering evidence from the site of the accident. Unless you have to go to the hospital to get care, you should take pictures and videos of the vehicles, your injuries, the road conditions, and anything else you think can help establish liability.

You should also speak with eyewitnesses. Ask them for statements or for their contact information so that our legal team can reach out to them to get statements.

Contact One of Our New York State Pedestrian Accident Lawyers

As soon as possible after the accident, contact one of our lawyers. With our team, you can receive the support you need right from the start. You should not have to stress over going through the legalities alone. At Jacoby & Meyers, we can help you fight for fair compensation.

Common Causes of Pedestrian Accident Cases in New York

Many different situations might lead to a pedestrian accident that results in severe injuries or fatality, with motorists most often responsible. Some common scenarios where a negligent motorist might cause one such accident include:

• Driving after consuming alcohol and/or using drugs
• Reckless or careless driving, including speeding, darting in and out of traffic, and traveling too fast for traffic, road, or weather conditions
• Failure to yield to a pedestrian at a crosswalk, sidewalk, or other location
• Drowsy or fatigued driving, which can lead to falling asleep at the wheel
• Distracted driving as a result of cell phone use, eating, drinking, personal grooming, reaching for something in the backseat, and daydreaming

Although drivers are primarily responsible for these types of accidents, some situations do exist when a third party might be liable. Examples include:

• Malfunctioning or missing traffic control device
• Defective vehicles or parts that cause mechanical failure, so the driver doesn’t have control of the vehicle
• Another driver causes a multi-car collision in which a pedestrian suffers injuries as part of a chain of events

We can assist you in understanding what might have led to the accident and what parties you may hold responsible.

Common Injuries We See Most Often in Pedestrian Accident Cases

Pedestrians are at risk for severe, catastrophic, and sometimes fatal injuries when they are involved in an accident. New York is one of about a dozen no-fault insurance states, which require motor vehicle drivers to purchase a minimum of $50,000 in personal injury protection (PIP) coverage. If a driver hits a pedestrian, his or her PIP coverage extends to the pedestrian, regardless of fault or negligence.

For minor accidents and injuries, which are clearly the driver’s fault, PIP coverage, which will pay for medical expenses and up to $2,000 per month in lost wages, will typically suffice for a pedestrian to recover losses related to their injury. However, some injuries are too severe.

Not only do they quickly meet or exceed PIP limits, but PIP coverage does not cover non-economic losses related to permanent injuries and pain and suffering. These severe and catastrophic injuries require the experience of a competent attorney.

Multiple Fractures, Breaks, and Crushed Bones

Pedestrians risk multiple broken bones when they are struck by a vehicle. These typically are not clean breaks and require one or more corrective surgeries. In some cases, doctors might need to use screws, pins, and steel plates to reconstruct shattered bones. Even after surgery, victims might struggle with long-term issues related to fractures.

Head Injuries

An accident can cause a person’s head to hit the pavement or sidewalk. This head trauma can lead to visible external injuries, but the internal damage that might occur is of far more concern. Serious head traumas lead to traumatic brain injuries (TBIs) that can cause permanent brain damage.

Depending on the severity and location of a TBI, accident victims might face challenges with memory loss, loss of cognitive and motor skills, changes in personality, depression, anxiety, and a host of other symptoms and effects.

Back Injuries

Depending on the speed of impact and how a pedestrian’s body moved or hit the ground during an accident, he or she might suffer painful back injuries, such as fractured vertebrae and slipped or herniated discs. Accident victims who suffer back injuries might need one or more corrective surgeries and might struggle with lifelong pain and discomfort.

Spinal Cord Injuries

In their most severe form, back injuries might lead to spinal cord injuries. Some spinal cord injuries are minor, and if victims lose function, it often returns when the injury heals. Unfortunately, many spinal cord injuries result in permanent damage that leads to a variety of different types of paralysis.

The brain sends signals to nerves in the body through the spinal cord. When severe injuries occur close to the brain along the spinal column, pedestrian active victims face permanent paralysis of their entire body, called tetraplegia. As injuries occur lower along the spinal column, the extent of paralysis becomes less severe.

The severity of the injury will determine the compensation you receive, so you must receive a careful evaluation from your healthcare provider.

Who Pays My Medical Bills After a Pedestrian Accident in New York?

We understand how much stress you may feel seeing medical bills pile up after a pedestrian accident. You know they’re your responsibility to pay, but you worry they’ll overwhelm you.

Every victim’s circumstances differ, so we encourage you to contact Jacoby & Meyers LLP today to explore your options. However, in general, you may have the ability to cover the costs of your pedestrian accident-related medical care through the following.

Personal Injury Protection (PIP) Insurance

If you register a car in New York (that is, if your car has New York plates), then you must carry personal injury protection (PIP) insurance. PIP coverage pays for your own medical expenses after a traffic accident, regardless of who causes it. The amount of your coverage depends on your deductible and the terms of the policy you carry.

Many people do not realize, however, that the PIP insurance they carry as registered New York car owners may also cover them in the event they suffer injuries as a pedestrian in a traffic accident.

If you carry PIP insurance as a driver in New York, then check the terms of your PIP policy to learn whether it covers you for the medical costs associated with your injuries. If it does, then it may also constitute the primary medical insurance coverage for your injuries, which means it, not your health insurance, may stand first-in-line to pay for your medical care. You may also need to notify your PIP carrier of your injuries to ensure that your coverage kicks in.

Medical Insurance

If you carry medical insurance, then it will also likely cover some portion of your medical care, subject to co-pays and deductibles, and, as mentioned above, any PIP coverage you carry. Typically, your medical provider will bill your medical insurance directly.

Once you have learned the full extent of your injuries and started to develop a treatment plan with your doctor, you may want to contact your insurance provider to find out how much coverage you have for durable medical equipment, physical therapy, in-home care, and other needs.

A Personal Injury Lawsuit

If your accident happened because of someone else’s bad decisions or dangerous actions, then you may have grounds to seek compensation for your injuries and losses, including your medical costs, through a lawsuit in a New York court.

In our experience at Jacoby & Meyers LLP, the majority of these types of accidents fall into this category and merit a claim evaluation. Contact us today to learn about whether you have the right to file a lawsuit for damages.

Will I Have to Testify in Court?

Not necessarily. Most New York personal injury claims settle out of court before anyone testifies at a trial.

But not always. Some claims do not settle but, instead, must be resolved in a courtroom in front of a judge and jury. It is difficult to predict at the beginning of a case whether it will end up in a trial. That’s why it is important to hire a lawyer to represent you who has the skill and know-how to get results for you in court or out.

Finally, even if you do not have to testify in court, you may have to give sworn testimony in a proceeding called a deposition. A skilled lawyer can help you prepare to give that testimony and can represent you in that proceeding.

Who Owes Me Damages After a Pedestrian Accident?

Cars should never strike pedestrians. When it happens, the driver of the car commonly bears legal liability for the pedestrian victim’s injuries. After all, pedestrians have the right of way in crosswalks, and drivers must always exercise extreme caution when driving in areas where they may encounter a pedestrian in or around the roadway.

However, that is not always the case, and even when drivers have liability, others may also share that liability. For example:

• The driver’s employer could have a legal liability to you if the driver struck you with a work vehicle.
• The car’s manufacturer could owe you damages if defective parts on the car played a role in causing the accident.
• A bar or restaurant that served alcohol to the driver before the accident could bear liability if the driver was a minor or was visibly intoxicated when the bar or restaurant served him alcohol.
• A city or local government could face legal liability for your injuries if the accident occurred because of an unreasonably dangerous, preventable road condition.

The most reliable way to find out who may owe you damages for the injuries you suffered is to speak with an experienced attorney. For decades, Jacoby & Meyers LLP has represented New Yorkers who suffered injuries in all types of traffic accidents, including pedestrians.

How Much Is My New York Pedestrian Accident Injury Claim Worth?

Every case we handle at Jacoby & Meyers LLP has unique facts and circumstances that determine its value. For that reason, we cannot give you a specific answer to that question without having first learned about your case.

Generally speaking, however, three broad factors affect the amount of money you might have the right to receive as damages:

• The severity of your injuries, which typically has a substantial effect on factors figuring into the calculation of the appropriate amount of damages in your case, such as the size of the medical bills you face, the length of time you might miss from work, and the degree of pain and suffering you have endured
• The strength of your case and the skill of the lawyer who presents it to insurance companies and courts. More evidence and a highly experienced lawyer can increase the value of your claim
• Practically speaking, a claim only has value if someone can pay you the amount you deserve. A skilled personal injury lawyer researches every insurance policy and asset held by the at-fault party to ensure you seek compensation from every available source

What Rights Do I Have if My Child Suffers Injuries or Dies in a New York Pedestrian Accident?

You likely have the same right to seek compensation on your child’s behalf that you would have if you, as an adult, suffered similar injuries. Drivers and others have a special responsibility to exercise care in areas where children may cross the road, and when their actions harm any child, parents should hold them accountable.

If you file a claim on behalf of your child who was injured in an accident, then you may have an obligation to use any funds your lawyer secures for your child’s medical care or for other purposes that benefit your child.

The team at Jacoby & Meyers LLP has years of experience counseling parents of children who have suffered injuries in traffic accidents to help them understand and comply with their legal obligations in seeking compensation on their children’s behalf.

How Long Do I Have to File a Pedestrian Accident Claim in New York?

If an adult suffers injury in a pedestrian accident claim in New York, then in most cases that adult has two years from the date of the accident to take legal action seeking compensation. If the accident involves government error and the need for a claim against a government entity, however, then you may have just six months after your accident to file a claim.

Consult an attorney as soon as possible after your accident to learn more about the time you have to file a claim and how it may impact your right to compensation. Jacoby & Meyers LLP offers a free consultation to injury victims and their families to help them understand their rights and the time limits they may face in taking action.

If the Insurance Company for the At-Fault Driver Offered Me Money as a Settlement, Should I Take It?

As tempting as it may feel to grab onto what seems like a financial lifeline, no, you should not take that money, at least not without first speaking with an experienced attorney. We understand the temptation of saying yes. You may already have medical bills piling up, and your income may have shrunk because of missing work while you heal from your injury.

Unfortunately, that’s exactly how the insurance company representing the driver in your accident counts on you to feel. They know you may feel stressed out about money right now, and they hope to take advantage by offering you a settlement that comes up way short of the amount of money you actually deserve to receive for your injuries and losses. Agreeing to take that money from the insurance company requires you to give up any rights you may have to sue the policyholder for compensation, which means you could end up short-changed with no ability to pay for the expenses heaped on you by your injuries.

Instead of saying yes to what is undoubtedly a lowball offer, talk to an experienced New York personal injury attorney about your rights to compensation. A skilled attorney can help you understand how much compensation you should actually demand to receive for your serious injuries.

An attorney can also handle the negotiations with the insurance company on your behalf. Merely having an experienced attorney on your side can increase the amount of money the insurance company decides to offer.

How Long Should I Expect it to Take to Resolve My Claim?

The length of time necessary to resolve your claim can depend on factors that lie mostly beyond your ability to control. Sometimes, the at-fault party’s insurance company makes a full and fair settlement offer quickly. Sometimes it takes going to court and presenting your claims to a New York judge and jury to get you the results you deserve.

Factors affecting the timeline of a typical New York pedestrian accident case include:

• The amount of time necessary for your medical team to diagnose your condition and give you a reliable prognosis for your physical recovery and future medical needs.
• The number of parties that have legal or financial interests in the outcome of your claim.
• The amount of dispute that exists over who owes you compensation or the amount of money you should receive, and
• Administrative and scheduling issues.

Although you largely cannot control these factors, you can control when you speak with an experienced lawyer for the first time. The team at Jacoby & Meyers LLP is available around the clock to help answer your questions in a free consultation.

Do I Need an Attorney to Work on My New York Pedestrian Accident Claim?

Yes, you do. Even if you think your accident claim is relatively straightforward, contact an experienced New York pedestrian accident attorney to learn more about your right to compensation.

An attorney can help identify all parties who may have contributed to your accident and thus owe you damages. An attorney can also calculate the amount of compensation you deserve, advise you about whether and when to accept a settlement offer, and prepare, file, and pursue legal actions on your behalf in New York courts. Many New Yorkers find that working with an experienced pedestrian accident injury attorney substantially increases the compensation they ultimately receive for their injuries.

Seeking Fair Compensation After a New York Pedestrian Accident

Being involved in a pedestrian accident gives you the right to take legal action against the driver who caused you harm. If your attorney negotiates a settlement agreement or the court rules in your favor, you might recover a variety of compensatory damages for losses related to the accident and your injuries. Some common damages pedestrian accident victims might receive compensation for include:

• Medical bills, including ambulance service, emergency room treatment, hospital stay, surgery, X-rays and other diagnostics, follow-up visits, and prescription medication
• Future medical expenses when a pedestrian accident requires months of recovery, additional surgeries, or caused a permanent disability or condition requiring an accident victim to receive ongoing treatment and long-term healthcare
• Rehabilitation expenses that typically include physical therapy and depending on the injury, might include occupational therapy, speech therapy, and behavior therapy
• Assistive devices such as wheelchairs, canes, or prosthetic devices
• Lost wages and benefits when a pedestrian accident causes a victim to miss work for hospitalization, medical treatment, and recovery
• Lost future wages when a catastrophic pedestrian accident prevents a victim from returning to work or seeking employment in the future
• Pain and suffering
• Emotional distress
• Loss of consortium with a spouse
• Decreased quality of life
• Scarring and disfigurement
• Any other relevant economic or non-economic costs
• Punitive, or exemplary damages, when injuries are a result of gross negligence or intentional harm

If a loved one lost their life in a New York pedestrian accident, New York law entitles eligible family members to take legal action against the at-fault party by filing a wrongful death suit. Eligible survivors might recover some of the previously listed losses as well as funeral costs and burial or cremation expenses.

Non-Economic Losses

New York law also provides for non-economic losses based on the relationship to the deceased. Examples include loss of companionship for a widow or widower and loss of parental support and guidance for surviving minor children. Filing wrongful death claims is very difficult, especially because you’re dealing with grief, so you should rely on experienced representation to assist you.

Your New York pedestrian accident attorney from Jacoby & Meyers, LLP, can help determine your eligibility for compensation and advise you on the best path forward for you and your family during this difficult time.

How Our Legal Team of New York State Pedestrian Accident Attorneys Can Help

After a pedestrian accident, our team of New York pedestrian accident lawyers can assist you by providing an array of vital services.

Offering a Free Consultation

We begin each claim with a free consultation where you can ask our attorneys questions. We can get a better sense of your claim, too, so that we can gauge whether we’re the right team to assist you. It can be helpful to bring as much information and evidence as you can to this consultation so that we can immediately get started.

If you choose Jacoby & Meyers, LLP, to represent you in your pedestrian accident case, you don’t have to pay upfront attorney fees to retain us. Instead, we handle personal injury cases on a contingency fee basis, collecting our attorney fees only from any settlement or court-awarded damages you receive for your injuries. You may deserve compensation for your pedestrian accident injuries and the emotional and financial stress that accompanies them; a trusted advocate acting in your best interests can help make the best outcome possible.

Investigating the Pedestrian Accident

Even if the accident you were involved in seems simple, we will conduct a thorough investigation to ensure we understand exactly why it occurred. We will speak with eyewitnesses, gather traffic camera footage, and collect a variety of other evidence to demonstrate that the other party was wrongful or negligent in their conduct.

We also have contacts among expert witnesses. This allows us to obtain testimonies to corroborate your claim, which is essential in instances when many parties may be involved, and liability is not clear.

Establishing Liability

If you pursue a personal injury claim after a pedestrian accident, you will need to prove that the other party owed you a duty of care that they failed to live up to. It’s not always just one person who may be responsible, however. If there are multiple parties, you will need help proving the percentage of blame they each hold.

With the evidence that we’ve gathered, we can make it easier to understand who you can file against and what degree of liability they have.

Calculating Economic and Non-Economic Damages

You can experience numerous losses from an accident. Most people only think of the most obvious costs, like medical expenses, but there are many other losses you can sustain. You may not be able to work for days or weeks, leading to missed wages, and you could require ongoing medical care. All of these expenses add up quickly.

Non-economic damages are even more complicated to calculate. They require understanding what your pain and suffering are worth. Our attorneys know how to calculate this and fight for the compensation you deserve.

Negotiating with Insurance Companies

A complex step in the process of beginning a personal injury claim is negotiating with insurance companies. They will likely try numerous tactics in an attempt to minimize your claim. They could dispute fault and might even refuse to continue negotiating if you try to go through the process alone.

With our team of attorneys assisting you, you have a better chance of obtaining compensation for all of your losses. We have decades of experience negotiating and finding ways around the various strategies these companies have.

Taking the Case to Trial, if Necessary

In the majority of cases dealing with pedestrian accidents, it will be possible to reach a settlement. If insurance companies refuse to cooperate, however, or if they keep blaming you for the incident, the next step is to take the case to court. We are fierce litigators and know how to pursue these cases in court.

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Contact an Experienced Pedestrian Accident Lawyer in New York Today

The qualified pedestrian accident lawyers at Jacoby & Meyers, LLP, remain empathetic to the struggles you and your family might face in the wake of a pedestrian accident. We can help you through the lawsuit process by handling virtually all aspects of your claim, investigating the accident, gathering medical records, accident reports, and other relevant documents, contacting and interviewing witnesses, and building the best case possible against the at-fault driver.

If you or a loved one sustained severe injuries or lost their life as a consequence of a pedestrian accident, you shouldn’t have to endure the financial stress that comes with these injuries. With our help, you have a chance to recover your losses and hold the liable parties responsible. Contact Jacoby & Meyers, LLP, today for a free case evaluation with one of our skilled New York pedestrian accident lawyers.

Jacoby & Meyers, LLP
39 Broadway Suite 1910,
New York, NY 10006
(212)-445-7000