Walk Away With the Settlement You Deserve
In New York City, pedestrians are literally everywhere. Tourists as well as locals trying to get to work cause congestion in our streets and on our sidewalks, and this constant foot traffic can pose challenges to drivers and pedestrians alike.
With so many vehicles and people in the same place at all hours of the day, it is no surprise that so many accidents happen. If you are injured, you need a pedestrian accident attorney in New York to help with your claim.
Common New York City Pedestrian Accidents
According to the Center of Disease Control (CDC), each year, pedestrian accidents result in over 7,000 injuries and 4,500 deaths. While there may be multiple contributing factors, there are some situations that cause more pedestrian accidents than others, including:
- Distracted driving, potentially due to texting or cell phone use
- Driving under the influence of drugs or alcohol
- Failure to stop at a traffic signal or sign, including rolling stops
- Inexperienced drivers, especially young driver error
- Speeding and reckless driving
If you were hit by a car, a New York pedestrian accident attorney can evaluate your case to understand what caused it. If the driver was at fault, you deserve to be compensated for your injuries and any other damage that you may have sustained from the motor vehicle accidents.
Types of Pedestrian Accident Injuries Our Lawyers Represent
Any type of collision with a truck can lead to catastrophic injuries, including spinal cord damage and paralysis. But a spinal cord injury attorney helps truck accident victims secure maximum compensation for their damages. Insurance providers may try to deny your claim or offer a low settlement, but we demand justice for your injuries.
In car vs. pedestrian collisions, severe injuries on the part of the pedestrian are almost always inevitable. You have no way to protect yourself against a 3,000-pound machine that is barreling your direction, and you are at the mercy of the operator. As a result, your damages can be severe. Some of the most common injuries our lawyers see include:
- Brain or head injuries
- Broken bones
- Spinal cord injuries
Not only do these injuries cause extensive pain, suffering, and physical damage, but they also cause staggering medical expenses. A brain injury lawyer can file a personal injury lawsuit to help you manage the burden of your injuries and hold the negligent party liable for their careless behavior.
Is the Pedestrian Ever at Fault in an Accident?
Yes, the pedestrian can be at fault in a collision with a vehicle. Some common reasons this happens include their actions while they are under the influence of drugs and alcohol or the failure to follow the laws. This would be the case if a pedestrian were to dart out in front of a car while they were jaywalking, or a pedestrian who was trespassing on private land.
What Happens When You Hit a Pedestrian But it’s Their Fault?
The duty of care laws that pertain to drivers also apply to negligent pedestrians. If a pedestrian’s careless actions lead to an accident and cause injuries to another party, the pedestrian may share liability for any legal damages.
If you are unsure who is responsible for your accident injuries, review your claim with an experienced New York car accident attorney.
Who Is Liable if a Commercial Truck Hits a Pedestrian?
If the pedestrian was acting in a reasonable manner when struck by a commercial truck, numerous parties may be liable for the accident. They include the:
- Commercial truck driver
- Truck driver’s employer
- Commercial truck fleet manager or owner
- Part manufacturers
Since so many different parties may have contributed to the accident, pedestrians should review their case with a skilled truck accident lawyer as soon as possible.
Pure Comparative Fault Laws in New York Explained
According to N.Y. C.P.L.R. § 1411, the state of New York has pure comparative negligence laws. This means that whether you were the pedestrian or the driver who hit a pedestrian, even if you are found to be 99% at fault in the post-crash investigation, you still have the right to recover compensation.
What if a Pedestrian Accident Happens in a Crosswalk?
If you were struck by a vehicle and suffered injuries, you may be able to recover damages, even if you weren’t in a crosswalk. The law requires that drivers yield to pedestrians and always look for hazards on the roadway, including people on foot.
If you were walking across the street in plain view and you were struck by a vehicle, the driver would almost always be found responsible, even if you were nowhere near the crosswalk.
Every case is different, and each set of facts needs to be analyzed with regard to the specific circumstances of the accident. A pedestrian accident attorney in New York will gather evidence that will prove liability to get you the maximum compensation possible.
What if a Pedestrian Accident Happens on Private Property?
Property owners must keep their premises safe for anyone who might enter. Therefore, if a pedestrian slips, trips, or falls while walking on a pathway, they may hold the property owner liable for their damages. If this happened to you, a premises liability lawyer for pedestrians can help you seek justice for your injuries.
Who Is at Fault if a Motorcycle Hits a Pedestrian?
If a motorcyclist collides with a pedestrian, an NYC motorcycle accident lawyer can evaluate the collision to determine fault. The motorcyclist may be liable if they acted carelessly to cause the crash, such as driving while intoxicated. However, if the pedestrian ran out in front of traffic or failed to use a crosswalk, they may share liability for the accident.
Navigating the claim and determining fault in these scenarios is complex. But with a skilled legal professional in your corner, you can feel confident that the liable party will be held accountable for the negligence.
Get a Free Consultation With a New York Pedestrian Accident Lawyer
The pedestrian accident lawyers at Dansker & Aspromonte can help you get justice if you were struck by a vehicle. With over three decades of experience handling personal injury cases, we have a proven track record of success and a reputation for excellence.
We strive to get you maximum compensation for your injuries so that you can recover in peace. If you have been hurt in an automobile-pedestrian collision, please give us a call today. We are standing by for a free, no-obligation consultation.