Although modern-day automobiles offer advanced safety features designed to protect the driver and passengers from accidents, they provide far less protection to pedestrians. In fact, pedestrians in the United States are nearly twice as likely to die in a car accident than passengers. According to the NYPD, the number of pedestrian fatalities resulting from car accidents has increased in recent years to nearly 115 annually in New York City alone. Those who survive often suffer life-long injuries. Though you can take steps to avoid a pedestrian accident, like crossing the street with caution and watching out for other drivers, you cannot eliminate the risks- especially if the accident is not your fault.
Pedestrian accidents frequently go unreported, as pedestrians often fail to contact the police. If you suffered a pedestrian accident and believe someone else is at fault, contact a personal injury attorney at Halperin & Halperin, P.C. to learn more about your rights. One of our experienced and dedicated pedestrian accident attorneys is here to help and will strive to get you the highest compensation possible.
Typical Causes of Pedestrian Accidents
Pedestrian accidents often occur when drivers fail to follow the rules of the road and do not expect an encounter with a pedestrian. New York State law establishes that drivers must actively avoid colliding with a bicyclist or pedestrian and give warning by sounding their horn. Pedestrians are often injured when:
- Jaywalking or crossing the street
- Exiting a vehicle
- Hailing, waiting for or exiting a taxi
- Running or biking on the shoulder of a road
In order to receive compensation for your injuries, you must prove that the driver behaved negligently. Some common types of negligent behavior include:
- Failure to yield the right of way to a pedestrian
- Driving while under the influence of drugs or alcohol
- Driving while distracted
- Ignoring traffic signals and stop signs
What To Do Following a Pedestrian Accident:
When you are involved in a pedestrian motor vehicle accident, whether you are the victim or the driver, you should immediately call 911. Not only will an ambulance be dispatched to assist the injured, but the police will also arrive to write an accident report and record any relevant information that may help your case.
Seek Medical Attention
If you have sustained injuries in a pedestrian accident, be sure to receive proper medical care. Have a doctor assess your injuries and keep track of medical reports, expenses, and other relevant documents. Doing this will help prove that you sustained your injuries during the accident. Common damages resulting from pedestrian accidents include:
- Severe bruises and lacerations
- Traumatic brain injuries, like concussions
- Spinal cord injuries
- Broken or fractured bones
Take Photographs and Identify Any Witnesses
Use your cell phone to take pictures of the accident and injuries. It also helps to note any relevant facts or witnesses relating to your accident, including a narration of the events transpired. These images and details are crucial and can help strengthen your claim in a personal injury lawsuit.
Contact a Pedestrian Accident Attorney
You must contact an experienced car accident attorney to discuss your accidents and any possible legal actions.
What type of Compensation is Available?
New York is a no-fault insurance state, meaning all drivers must carry at least $50,000 in no-fault coverage. If a pedestrian were hit by a car, the driver’s no-fault insurance should cover the first $50,000 of medical expenses and lost earnings. However, more compensation may be available for serious and fatal accidents, but legal representation will be necessary to get the full amount you deserve. Even if the driver’s insurance company offers you compensation, it will likely be less than your claim is worth. An experienced pedestrian accident attorney will help you determine how much you should be compensated. Our car accident attorneys at Halperin & Halperin P.C. will fight to get you the compensation you deserve.
The most common damages, for serious pedestrian accidents, include:
- Past and future lost wages: If you are unable to work after a pedestrian accident or are limited in your mobility or capacity, you may be eligible for compensation to cover any past or future wages that you might have lost as a result of your injuries.
- Medical expenses: Serious accidents can result in expensive medical bills. You may be eligible for compensation to cover these costs.
- Pain and suffering: If you were a victim of a pedestrian accident, you could be compensated for any pain and suffering experienced during or after an accident, in addition to financial costs.
- Punitive damages: In some instances, punitive damages may be awarded to the plaintiff, in addition to the compensation listed above; this discourages the offender from causing a future accident. One situation that may justify punitive damages is a pedestrian accident involving a drunk driver.
- Loss of financial support or parental guidance: You may be compensated if a pedestrian accident results in the death of a parent or head-of-household.
Statute of Limitations
The statute of limitations for most pedestrian accidents typically only extends three years from the date of the accident; however, this may be different in some circumstances. If the victim of an accident is under 18 years of age, the statute may not begin to run until the minor turns 18 For accidents involving wrongful death, the statute of limitations only extends two years from the date of the victim’s death. Lastly, if the vehicle involved in the accident was owned by a municipality, whether a state or the federal government, a Notice of Claim must be filed immediately – usually not longer than 90 days after the accident. You must contact an attorney and file your claim before the statute of limitations expires.
Contact A Pedestrian Accident Attorney
If you are seeking legal representation for a pedestrian accident, contact us today. Our car accident attorneys at Halperin & Halperin P.C. have handled hundreds of cases related to pedestrian accidents. We can help you gather the appropriate materials and we will conduct thorough investigations to make a strong claim. Our experienced car accident attorneys will give your case the attention and dedication it deserves. We work on a contingency basis, meaning we do not require any payment until we recover damages. We have proven results in securing significant settlements and trial verdicts for our clients.
Call us at 212-935-2600 or fill out our contact form for a free, no-obligation case evaluation.