Injured as a Pedestrian in New York State? – Know Your Legal Options

Injured as a Pedestrian in New York State? – Know Your Legal Options

As someone walking down the road, there is an unsaid trust and confidence we have in our drivers to move on the roads with alertness and care so as to not harm themselves or anyone on the road. Despite that, we see an increasing number of pedestrian deaths mostly due to a pedestrian-car collision. The busier the city, the higher the traffic and related accidents. Moreover, dangerous drivers are a hazard to not only pedestrians but other drivers on the road as well.

With its ever-increasing vehicular traffic, New York has become one of the country’s most risky cities for pedestrians. The numbers also draw a grim picture showing that more than 300 pedestrian New Yorkers succumbed to traffic-related deaths. Needless to say, those who sustain injuries, have a difficult time getting over the injuries physically, mentally, and financially.

However, remember that there are liable legal options available to you as an injured pedestrian or family of someone who lost their loved one due to an accident on the road while walking, such as the option of hiring a pedestrian car accident lawyer. And, here’s your go-to guide on what to do to ensure that you get the compensation you deserve if you have been in an accident as a pedestrian.

Identify the Fault 

A comprehensive review of the accident helps figure out who is the one the fault. This review, undertaken best by a pedestrian accident attorney, could include irresponsible driving behavior which could be drunk driving, texting while driving, running red lights, reckless driving in parking areas etc. among others. This will be the first step to move towards filing a claim.

Know the New York Pedestrian Traffic Laws 

Next, know the traffic law to identify the violation in your case and the claim thereof. Some of these laws are: 

  • Drivers cannot pass vehicles at crosswalks so that pedestrians may cross.
  • Drivers should be careful to avoid accidents with pedestrians.
  • Drivers should allow pedestrians when the “walk” sign is flashing.
  • Drivers should allow pedestrians when the “walk” sign changes to a flashing hand or other symbols.

 

New York also has Laws Which Protect Pedestrians, Here they are : 

  • New York State Vehicle and Traffic Law – This is the state’s official vehicle and traffic laws. If a pedestrian is injured by someone who was driving who violates this law, they will often be found negligent in a civil suit.
  • Elle’s Law: Any driver who violates any traffic rules and ends up injuring an individual gets their license suspended for six months. If they have another incident that violates Elle’s Law within a five-year period, their license is suspended for one year.
  • Hayley and Diego’s Law – This law penalizes a motorist when they fail to exercise care in operating a vehicle and injure a pedestrian or bicyclist as a result. The first offense attracts either a $750 fine, or 15 days in jail, or undertaking a driving training course. On second offense, the driver is charged with a misdemeanor.

A pedestrian accident attorney will thoroughly review the situation and find the right violation and subsequent charges so that the injured pedestrian can get their fair due.

Know the Deserved Compensation 

Getting the right compensation is of the utmost importance, especially if you’re suffering due to an accident because of someone else’s fault. Often, in a hurry to settle the matter, insurance companies of the “at-fault” driver will offer you a settlement, which will be far lower than what you deserve. Instead, focus on all the damages and calculate the fair compensation you should receive. Some of the factors to include while calculating the compensation should be your medical bills, transportation expenses, medicines, pain and suffering, emotional distress.

Hire a Pedestrian Car Accident 

Here’s what we suggest. Hire a pedestrian car accident lawyer today to help you recover the compensation you deserve from the at-fault driver and their insurance company via an accident case. The lawyer will help you navigate through the often long and complicated legal processes to find the best way forward. Trust us and we promise to put our best foot forward to provide you the legal help you need.

Siler & Ingber, LLP will work hard to get the compensation you deserve and help you on the road to recovering to the fullest extent possible. If you or a loved one has been injured in a pedestrian accident, call us today at 1-877-529-4343 or contact us via our online form on this page to schedule a free consultation and case evaluation with a pedestrian car accident lawyer. There’s no obligation involved, so you can feel completely free to explore your options.

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