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 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
- 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.
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.
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.
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
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.