Pedestrian Accident

Pedestrian Accident

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Long Island Pedestrian Accident Lawyer

It’s not easy to recover physically, emotionally, and financially after enduring serious injuries when having the right of way within a crosswalk, but a Long Island pedestrian accident lawyer can help you recover the compensation you deserve from the at-fault driver and their insurance company via an accident case.

In many ways, there must be an unspoken trust between motorists and pedestrians, and that trust extends far beyond concrete jungles of Brooklyn and NYC. Drivers with the protections of a vehicle are expected to be mindful of those on foot and yield to them when it’s appropriate, but this still doesn’t stop most of the common causes of pedestrian accidents from occurring.

When motorists violate this unspoken trust, the results can be disastrous for the pedestrian. An accident between a car and a person on foot can cause particularly devastating injuries —often fatal. If you’ve been hit by a negligent driver, it can be difficult to know how to go about getting compensated fully and fairly.

A personal injury settlement can go a long way toward easing the financial burden of your recovery and restoring a small portion of your piece of mind. A Long Island pedestrian accident attorney with the law firm of Siler & Ingber, LLP will work to get you the full compensation you deserve for you or your loved one’s medical care, lost wages, and any given losses both economic and non-economic that injured pedestrians may suffer.

Contact our legal team today for a free consultation so we can review the details of your pedestrian accident and provide the legal advice you need to hold the negligent motor vehicle operator accountable for your medical expenses and other damages.

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Determining Fault in Pedestrian-Car Accidents

The first thing you and your Long Island pedestrian accident lawyer will do is review all the details of your case in order to determine fault. We will go over eyewitness accounts, traffic videos, police reports, and any other available evidence throughout your free case evaluation. You can count on our law firm to work hard to hold the negligent driver who hit you accountable. Examples of negligent driving behaviors that are also considered common causes of pedestrian accidents include the following:
  • Running red lights
  • Not yielding the right of way to pedestrians in crosswalks
  • Distracted driving/Texting or using a cell phone while driving
  • Reckless driving through parking lots
  • Drunk driving
  • Illegal parking that obscures vision of pedestrians
A dangerous driver is a hazard to all other drivers on the road, and for a pedestrian the danger is amplified. Being hit in a crosswalk, on a sidewalk, or any other place by a negligent driver can cause severe injuries and hardships within your life that may seem insurmountable. Your personal injury attorney will help you get back on your feet by holding the careless driver responsible.

New York Pedestrian Traffic Laws and Your Claim

New York City is the deadliest city in America for pedestrians. Almost 300 pedestrians were killed in auto accidents in 2013 alone. New York has laws in place to ensure the safety of pedestrians and motorists, and if the driver who hit you violated one of these laws in the process, we might be able to include it as evidence to support your claim for compensation. Some of these laws are as follows:
  • Drivers are not permitted to pass vehicles at crosswalks so that pedestrians may cross.
  • Drivers must exercise due care to avoid accidents with pedestrians.
  • Drivers are to yield to pedestrians when the “walk” sign is flashing.
  • Drivers are to yield to pedestrians when the “walk” sign changes to a flashing hand or other symbol.
Your Long Island pedestrian accident lawyer will review all the evidence in order to get you the highest value for your case. It’s important to seek legal help as soon as possible, particularly while the events are still fresh in your mind and supporting evidence is readily available.

New York Laws That Protect Pedestrians

There are several laws in New York that protect pedestrians: New York State Vehicle and Traffic Law – This is the state’s official vehicle and traffic laws. If a pedestrian is injured by a motorist who violates this law, the motorist will often be found negligent in a civil suit. Elle’s Law – Under this law, any motorist who commits a traffic violation and in the process seriously injures an individual receives an automatic suspension of their license for six months. If they have another incident that violates Elle’s Law within a five-year period, their license will be suspended for a full year. Hayley & Diego’s Law – This law created a “careless driving” violation that elicits specific penalties when a motorist fails to exercise care in operating a motor vehicle and as a result a pedestrian or bicyclist is injured. It acts as a legal stop gap to be used when a pedestrian accident injury has occurred due to driver negligence, but a criminal charge is not likely. The first offense garners either:
  • A $750 fine, or
  • 15 days in jail, or
  • Completion of a driving training course
Upon a second offense, the driver is charged with a misdemeanor. Installation of Barriers in Many High Profile Public Areas – In early 2018 New York City make the decision to spend $50 million dollars to install approximately 1,500 metal bollards and planters to act as barriers that will prevent motorists from driving onto public spaces like sidewalks and parts of Times Square. While this is not a law yet, it is opening the floor for the proposal of more laws to protect pedestrians including making Times Square a car free zone.

Evaluating Your Pedestrian Accident Claim’s Value

The statute of limitations on personal injury cases in New York is three years from the date of the accident. You’ll want to contact a Long Island pedestrian accident lawyer well before the statute is up. The sooner after an accident you seek legal representation, the more you increase your chances for a successful claim as the evidence will still be fresh. You should be wary if the driver’s insurance company makes an offer to settle your claim, as these initial offers are nearly always low-ball amounts. The goal of insurance adjusters is to get you to resolve your claim with as little expense to them as possible. Instead, let us fight for fair financial compensation that accounts for all of your damages, including any of the following that apply:
  • Current and future medical bills
  • Lost wages and future income
  • Transportation expenses
  • Pain and suffering
  • Emotional distress
  • Diminished quality of life
After a pedestrian-car accident, you may be dealing with severe physical pain, medical bills that keep coming, and significant emotional trauma. We don’t believe that you should have to bear the financial burden when you weren’t to blame for what happened, and we’ll make certain that you get all the compensation that you are eligible for.

Pedestrian Accident Lawsuits and Settlements

When a pedestrian is injured by a moving vehicle, he or she may file a personal injury claim for any losses or damages. Pedestrian accident lawsuits and settlement amounts range widely most often the result of the extensiveness of the damage. A car to pedestrian accident can create life-threatening consequences and long-term medical rehabilitation needs.

Key Factors in Determining Lawsuit and Settlements in Pedestrian Accidents

A variety of factors play a role in determining the average settlement amount for pedestrian and car accidents. Some key factors include the following:
  • The extensiveness of injuries, including immediate and long-term care needs
  • The amount of treatment needed for rehabilitation, such as chiropractic care, acupuncturists, and other non-medical providers
  • The length of time a person is unable to work, leading to lost income
  • The amount of impact the accident has on a person’s daily life as well as his or her life with others, such as settlements for pain and suffering
  • Losses that cannot be recovered, such as an inability to return to work or the loss of use of a limb, and the impact this has on a person’s future
  • The prospect that a person will be able to go back to some work at some point in their future
Lawsuit and settlement compensation for pedestrian accident victims can range from just coverage for minor medical bills to extensive settlement amounts to cover long-term loss. Even wrongful death claims may apply if the individual dies as a result of his or her injuries.

Contact a Long Island Pedestrian-Car Accident Lawyer

While the results of your accident cannot be changed, 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  1-516-294-2666 or contact us via our online form on this page to schedule a free consultation and case evaluation with a Long Island personal injury lawyer. There’s no obligation involved, so you can feel completely free to explore your options.

Long Island Pedestrian Accident Statistics

The New York State Department of Health provides insight into pedestrian accidents and pedestrian injuries on Long Island and in New York as a whole.
  • In New York, there were 1,098 deaths and 136,913 emergency room visits related to car accidents.
  • Of those, 312 deaths were pedestrians struck by a motor vehicle.
  • Using these figures, two pedestrian deaths per 100,000 New Yorkers are the result of a motor vehicle accident.
Long Island is one of the highest risk areas for pedestrian-related accidents by motor vehicles. The New York State Department of Transportation reports 732 pedestrians lost their lives in accidents involving vehicles in the downstate area from 2011 to 2013. In New York, 1,266 pedestrians were involved in such incidents. This clearly indicates a high level of risk in the Long Island area for pedestrians. In addition to deaths, Long Island has a significant number of additional incidents that lead to injury, debilitating physical limitations and mental anguish. Evidence points to the same region in New York suffering the same types of devastating losses as far back as 2008 without much, if any, improvement for pedestrians.

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