New York Pedestrian Accident Lawyer
New York’s heavy traffic makes it attractive for area residents and tourists alike to rely on public transportation and/or walking to get where they need to go. Yet, New York pedestrians encounter all types of danger as they walk to and from their bus stops or subway stops or simply traverse the city on foot.
According to the most recent data from the Governors Highway Safety Association, more than 100 pedestrians died in New York in one recent year, a number that has continued to rise in recent years, increasing the risk for New York pedestrians.
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 death, putting area residents at even more of a risk.
If you sustained injuries at the hands of a motorist while walking or running in New York, state law entitles you to take legal action against the driver for damages related to your injury. Contact a qualified New York personal injury lawyer at Jacoby & Meyers, LLP, to discuss the circumstances that led to your injuries, determine the viability of a lawsuit, and learn about the best course of action for your situation.
Jacoby & Meyers, LLP’s 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, including those who have been involved in pedestrian accidents. The firm’s commitment to client service and professional exceptionalism 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 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 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. If you have suffered a pedestrian accident in New York, you might feel overwhelmed and that all hope is lost because you’ve suffered severe injuries. 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 percent 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 percent of pedestrian accidents occur because a driver fails to yield.
- Most New York drivers do not know the city’s speed limit is 30 miles per hour.
- 80 percent of severe injury or fatal crashes involve male drivers, and about 80 percent of the same crashes involve private passenger vehicles.
- Manhattan has four times as many pedestrian injuries and fatalities compared to the other four boroughs.
Scenarios That Might Lead to a Pedestrian Accident
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 a pedestrian 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 that 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 pedestrian accidents, some situations do exist when a third party might be liable for a pedestrian accident. Examples include:
- Malfunctioning or missing traffic control devices
- 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
Injuries From New York Pedestrian Accidents
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 requires 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 pedestrian 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 pedestrian accident attorney.
Some examples of severe pedestrian accident injuries include:
- 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. A pedestrian 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, pedestrian 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.
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 expenses 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. 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.
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.
Contact an Experienced New York Pedestrian Accident Attorney Today
The qualified pedestrian accident attorneys 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 the virtually all aspects of your claim, investigating the accident, gathering medical records, police reports, and other relevant documents, contacting and interviewing witnesses, and building the best case possible against the at-fault driver.
You can focus on healing and coping with your injuries, while we negotiate with aggressive insurance companies to reach a fair settlement or litigate your case when settlement isn’t an option.
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.
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.
Jacoby & Meyers, LLP
39 Broadway Suite 1910,
New York, NY 10006