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  • New York Pedestrian Accident Attorney

New York Pedestrian Accident Attorney

Walking is a convenient and cost-effective way to get around New York City. And throughout the State of New York, we have some of the highest pedestrian traffic rates in the entire nation. Unfortunately, with millions of people speeding around in cars, trucks, buses, and other motor vehicles, New York is not always the safest place for pedestrians. 

Nevertheless, there are many pedestrians here. New York City thus understands the need for increased safety measures and in recent years has adopted the “Vision Zero” initiative to address unsafe conditions for pedestrians in The City. While these changes have helped reduce the annual number of fatal pedestrian accidents overall, they have not been quite enough to eliminate NYC pedestrian accidents completely. Statistics from a recent annual report showed that there were 121 pedestrian deaths and 28 cyclists deaths in NYC that year. 

If you or someone you love has been injured in a pedestrian accident, don’t hesitate to contact the New York personal injury attorneys with Hill & Moin LLP today. Our skilled pedestrian accident lawyers care about you and meeting your needs. As our clients say, when you hire our law firm to represent you, “it’s like having a lawyer in the family” on your side. Call us at 212-668-6000 or start a live chat on this page to schedule a free case consultation. 

Common Causes of Pedestrian Accidents in New York

With millions of people walking down the busy roadways of NYC, accidents involving pedestrians are a common occurrence. As a pedestrian or as a motorist, understanding why pedestrian accidents often happen may be the key to preventing collisions and injuries yourself.

The following are some of the main causes of pedestrian accidents in New York City, NY, and around the state:

  • Distracted driving: This is a common cause of all types of motor vehicle accidents and may be visual, manual, or cognitive. Drivers who may be texting, talking on the phone, adjusting their stereo, or engaging in any other form of distracted driving are a hazard to everyone around them. On the other hand, pedestrians primarily focused on their smartphones while crossing intersections also put themselves at great risk. 
  • Left-hand turns: An intersection may have a crosswalk and traffic signals, but this does not mean that drivers always pay attention to these potentially life-saving indicators. Far too many pedestrian accidents occur when drivers make left turns. Drivers may tend to focus their attention on whether other vehicles are coming, rather than keeping an eye out for pedestrians crossing the street. 
  • Dart-out accidents: This type of accident happens when a pedestrian suddenly darts out into oncoming traffic and motorists don’t have sufficient time to come to a full stop before hitting the person. 
  • Impaired drivers: Alcohol is known to impair a person’s vision, reaction time, judgment, and reasoning ability. Drivers who operate their motor vehicles under the influence of drugs or alcohol are less likely to notice a pedestrian or to be able to efficiently react to one in the roadway. 
  • Reckless drivers: As a general traffic rule, pedestrians have the right-of-way over motorists. Drivers who are impatient and may be unwilling to wait for pedestrians or able to safely drive around them have sadly contributed to many pedestrian accidents in New York City and beyond. 
  • Weather conditions: New York roadways are often snowy and icy in the winter, and slippery road conditions reduce a driver’s stop time. If a motorist is driving too fast for road conditions, he or she may be unable to stop in time to avoid colliding with a pedestrian. 
  • Passing accidents: This type of motor vehicle accident may occur when a large vehicle (such as a bus) has stopped to let a pedestrian cross the street. In this case, it would be prudent to stop until the reason for the vehicle’s pause becomes clear. A driver who fails to drive more cautiously and tries to pass the stopped vehicle may hit the person crossing the street. 
  • Vendor accidents: You can find street vendors selling a wide range of food all over NYC. Pedestrian accidents have been known to occur when negligent drivers collide with people who may be walking towards the food truck or customers waiting in line to order or receive their meals. 

Types of New York Pedestrian Accident Injuries

According to the CDC, there is a fatal pedestrian accident in the US every 88 minutes. Other injured pedestrians may be left with severe and potentially life-changing conditions. If you were harmed due to the negligence of someone else, you should not have to shoulder the financial burden alone. 

The following are some of the many different types of injuries a New York pedestrian accident attorney may help you recover compensation for:

  • Fractures or broken bones
  • Lacerations
  • Soft tissue injuries
  • Crushing injury
  • Paralysis
  • Traumatic brain injury (TBI)
  • Spinal cord injuries
  • Amputations
  • Facial scarring
  • Emotional trauma

Steps to Take Following a NY Pedestrian Accident

The actions that you take following your New York pedestrian accident could have a lasting impact on your physical, emotional, and financial well-being – and perhaps that of your family as well. 

The following are some crucial steps to take after being involved in a pedestrian accident:

  • Remain calm. This is easier said than done if you were just hit by a motor vehicle. Your emotions are likely running high, but remaining calm may allow you to think clearly and take action at the scene. 
  • Call 911. It’s important to contact the authorities immediately following a pedestrian accident. Even if there were no injuries sustained on the scene, the police will need to file a report of the accident. A police report may also prove to be essential to your legal claim.
  • Move out of the street. If the conditions of those involved in the accident allow, the driver and the pedestrian should move everyone and all vehicles to safety and out of the path of oncoming traffic when possible.
  • Seek medical attention: Even if you feel fine immediately following being hit by a car or another vehicle, you should seek medical attention as soon as you can. You may have suffered a concussion, soft tissue damage, or other serious injuries that aren’t yet apparent. In addition to having your injuries identified and treated, going to the hospital or seeing your doctor means that a medical record documenting your injuries is being kept, which may help solidify your legal case. 
  • Obtain the driver’s information. Even if you don’t think you are injured, be sure to obtain the driver’s name, contact information, and license plate number. When talking to the driver, don’t apologize or say anything that could be taken as an admission of fault, as this may jeopardize your personal injury claim.
  • Record or memorize details. This is especially important if the person who hit you failed to stop at the scene. If you’re able, try to write down, otherwise record, or memorize the vehicle’s license plate number, make and model, and physical characteristics. Even if the accident was a hit-and-run, you can still file a claim against the liable party if you were able to hold on to enough information.   
  • Gather evidence. As soon as you’re able to do, so take pictures of the accident scene. Document the vehicle that hit you, existing road conditions, injuries suffered, and anything else that might be beneficial when establishing fault. If there were any witnesses to the accident, be sure to collect their contact information so they may be asked to testify later on if needed. 
  • Contact a pedestrian accident lawyer. Anyone involved in a New York pedestrian accident should seek legal counsel. An experienced pedestrian accident lawyer may help you determine whether you have a personal injury case and defend your legal rights. 

How Can a Personal Injury Lawyer Help Me After Being Injured in a New York Pedestrian Accident?

Many people are uncertain where to turn to after having been seriously injured in a New York pedestrian accident. After having received medical attention, you may have questions about your legal rights. The compassionate pedestrian accident attorneys at the law firm of Hill & Moin may address all your concerns and explain your rights to compensation under New York state law. 

Consider some of the many benefits of having a personal injury lawyer on your side after a New York pedestrian accident.

Identifying fault

In order to hold the driver who hit you liable for damages, you must have proof of how the accident occurred and who caused the collision. The other party’s lawyer or insurance company may try to place at least part of the blame on you as the pedestrian. Your New York personal injury lawyer, though, can gather the evidence needed to build a solid case on your behalf.

When establishing liability, your attorney may gather the following evidence:

  • Medical exams
  • Witness statements
  • Photographs
  • Video footage
  • Police records
  • Expert testimony

Your lawyer may then use that evidence to prove the following four elements:

  1. The negligent party owed you a legal duty of care
  2. That duty of care was violated
  3. The violation of the duty of care was the cause of your injuries
  4. You suffered damages and losses as a result of your injuries

Negotiating with the insurance company

After being hit by a car in New York, you may hear from the insurance company quickly. Nevertheless, don’t accept any offer before speaking to an attorney first. Insurance companies want to spend the least amount of money possible, and your adjuster may try to pressure you into accepting a quick and easy, but low, settlement that may not even cover all your medical expenses and other damages. 

Once you accept a settlement from the insurance company, you may be unable to go back and ask for more money later. Therefore, if you accept a settlement before the full extent of damages is accurately calculated, you may regret it. Down the road, you may realize that the sum you received is not even enough to foot the full cost of your medical bills, property damage, and more.

Insurance companies may also contact you trying to discuss different factors of your case. If you say something that could be misconstrued as a lie or an omission of details, the insurance company could dismiss your claim. When you have legal counsel on your side, though, then your personal injury attorney can serve as your professional spokesperson when talking to insurance companies so your case may be preserved.

Ensuring that you meet deadlines

All personal injury cases, including pedestrian accidents, are subject to a statute of limitations. You may lose the right to obtain financial compensation if you put off filing your claim. 

It’s recommended to contact a New York City pedestrian accident attorney as soon as possible after your injury. This will enable your legal team to begin investigating the accident while the evidence is still fresh and ensure that they have plenty of time to file all necessary paperwork on your behalf. 

Advising you on your next steps 

If the insurance company has offered you a settlement but you feel that you may be entitled to more compensation, you might be unsure of what your next move should be. You may feel that you can negotiate with the insurance company on your own, but statistics show that accident victims who have a lawyer advocating for them usually receive much higher payouts. 

A skilled attorney is able to calculate the true value of your claim and advise you of what course of action that you should take. Your personal injury lawyer can determine when to settle, when to keep negotiating, when to file a lawsuit, and when to take a claim to court. Thus, having an experienced New York pedestrian accident lawyer on your side may drastically improve your chances of securing a large payout that covers all the losses you have suffered. 

Identifying Liable Parties After a New York Pedestrian Accident

If you were injured while crossing the street in New York or elsewhere, there are several parties that could potentially be liable for your injuries. Your pedestrian accident attorneys can thoroughly investigate the cause of your accident, determine fault, and fight to hold all responsible parties liable. 

In some situations, more than one party may be held accountable. For example, if you were injured because a negligent property owner failed to properly maintain his sidewalk or parking lot, he or she could be held responsible for your injuries. At the same time, if another pedestrian wasn’t watching where he or she was going and pushed you into traffic, then your lawyer may also advise you to file a lawsuit against that person.

Your New York pedestrian accident lawyer may help you pursue compensation from any of the following potentially liable parties:

  • Driver of a passenger motor vehicle
  • Transit company
  • Rideshare driver
  • Taxi driver
  • Motorcyclist
  • Bicyclist
  • Scooter rider
  • Manufacturer of a defective part
  • Government agency

Getting Compensation For Your New York City Pedestrian Injury

If you’ve been injured as a pedestrian in New York, NY, due to someone else’s negligence, then you may have the legal right to pursue compensation for damages. But don’t trust just any law firm with your case. 

Contact Hill & Moin, the law firm with decades of experience in successfully handling pedestrian and car accident cases throughout New York State. During your initial free consultation, an experienced pedestrian accident lawyer may evaluate the facts and circumstances of your claim. 

Based on your individual injuries and situation, your legal team may pursue compensation for:

  • Medical expenses
  • Lost wages
  • Loss of future earning potential
  • Emotional distress
  • Rehabilitation
  • Loss of enjoyment of life
  • Pain and suffering
  • Wrongful death

Contact New York Pedestrian Accident Lawyers Today

If you know someone who has been seriously injured or killed in a New York pedestrian accident, or if you are facing pain and suffering alongside medical bills of your own, then contact Hill & Moin today. You have enough to worry about now, even without the added stress of filing a claim or pursuing a lawsuit. Let a New York pedestrian accident lawyer do the work for you so you can focus on what matters most – your recovery. 

The lawyers at Hill & Moin, among the rest of our statewide network, are some of the most trusted legal professionals serving New York. We believe in honest communication with our clients and treat each one with dignity and respect. Our legal team always works diligently to ensure that our clients get the compensation they both need and deserve. 

Our law firm takes pedestrian accident cases on a contingency fee basis, which means you pay nothing out of pocket. We get paid only if you are awarded a settlement. Call our law office in New York City today at (212) 668-6000 to schedule a free case evaluation and learn your Personal Injury Recovery SolutionsⓇ.

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