At The Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., we understand the significant challenges and hardships that come with being involved in a pedestrian accident. New York City’s bustling streets pose various dangers to pedestrians, from distracted drivers to reckless driving. If you or a loved one has been injured as a pedestrian, our dedicated NYC pedestrian accident lawyers are here to offer the support and experience you need to navigate the aftermath of such an incident.

Why Should I Call a NYC Pedestrian Accident Lawyer?

Following a pedestrian accident in New York City, the path to recovery can be fraught with challenges, from dealing with medical expenses and lost wages to navigating the complexities of insurance claims. We understand a skilled personal injury lawyer’s critical role in ensuring your rights are protected and that you receive the compensation you deserve. Here’s why calling a personal injury lawyer after a pedestrian accident is essential:

Experienced Navigation of Legal Complexities

New York’s laws governing pedestrian accidents are intricate. Our experienced lawyers possess an in-depth understanding of these laws and how they apply to your case. We provide experienced guidance, ensuring that all legal avenues for compensation are explored and pursued.

Determining Liability

Determining liability in pedestrian accidents can be complex, often involving multiple parties, such as drivers, city agencies responsible for road maintenance, or even pedestrian actions. Our team is skilled in conducting thorough investigations to establish fault and hold the correct parties accountable.

Dealing with Insurance Companies

Insurance companies often aim to minimize payouts. Our lawyers have extensive experience in negotiating with these companies, advocating for your best interests to ensure you receive a fair settlement that covers your needs.

Maximizing Your Compensation

We are dedicated to securing comprehensive compensation for our clients. This includes not just immediate medical expenses and lost wages, but also future medical care, loss of earning capacity, pain and suffering, and any other damages applicable to your situation.

Providing Personalized Support

Recovering from an accident is not just about financial compensation; it’s also about understanding and support. Our firm treats every client with the personalized attention they deserve, providing compassion and guidance through every step of the legal process.

No Upfront Costs

We operate on a contingency fee basis, meaning you pay nothing unless we win your case. This allows you to focus on your recovery without worrying about legal fees.

Free Consultation

We offer a free, no-obligation consultation to discuss your case and answer any questions you may have. This initial consultation allows you to learn about your rights and how we can help without pressure to commit.

Who’s Liable For My Injuries After a Pedestrian Accident in NYC?

Determining liability for injuries sustained in a pedestrian accident in New York City involves a detailed examination of the incident’s circumstances. We are dedicated to conducting thorough investigations to identify all potentially liable parties and hold them accountable. Here’s a look at who might be liable for your injuries:

Drivers

• Negligent Drivers: A driver who was speeding, distracted, intoxicated, or otherwise violating traffic laws at the time of the accident can be held liable for your injuries. This includes drivers who fail to yield the right of way to pedestrians at crosswalks.

Vehicle Owners

• Owner Liability: Even if the vehicle owner was not driving at the time of the accident, they might still be liable under certain conditions, such as if they knowingly allowed an unlicensed or reckless driver to use their vehicle.

Employers

• Commercial and Employer Liability: If the driver was working at the time of the accident (e.g., a delivery truck driver), their employer might also be held liable under the legal principle of vicarious liability.

Property Owners and Municipalities

• Premises Liability: Property owners may be liable if unsafe conditions on their property (such as obstructed walkways) contributed to the accident. Similarly, municipalities could be held responsible for accidents caused by poorly maintained sidewalks, inadequate street lighting, or malfunctioning traffic signals.

Rideshare and Taxi Services

Rideshare and Taxi Liability: If the accident involved a rideshare vehicle or taxi, the driver and the company they represent might share liability, especially if the driver was logged into the rideshare app and on duty at the time.

Pedestrians Themselves

• Comparative Negligence: New York follows a comparative negligence rule, meaning that if you, as a pedestrian, were partially at fault (e.g., jaywalking or crossing against the signal), your compensation might be reduced by your percentage of fault. However, you can still recover damages.

Common Causes of NYC Pedestrian Accidents

Pedestrian accidents in New York City can happen for a variety of reasons, often stemming from the bustling urban environment and the interaction of numerous vehicles and pedestrians. We’ve seen firsthand how these accidents impact lives. Understanding the common causes can help in preventing future incidents and identifying liability in these situations:

Distracted Driving

Drivers focused on their phones, navigation systems, or other distractions fail to notice pedestrians, leading to accidents. This is one of the leading causes of pedestrian accidents today.

Failure to Yield the Right of Way

Many accidents occur when drivers fail to yield to pedestrians at crosswalks or intersections, as required by law, especially when turning.

Speeding

Speeding reduces a driver’s ability to stop or slow down for pedestrians and increases the severity of injuries in an accident.

Disregarding Traffic Signals

Both drivers and pedestrians who ignore traffic signals or signs can cause accidents. For instance, drivers running red lights or pedestrians crossing against the signal contribute to collisions.

Poor Visibility

Accidents are more likely to occur at night or in conditions of poor visibility when drivers may not see pedestrians until it’s too late.

Alcohol and Drug Impairment

Impaired judgment and slowed reaction times from alcohol or drug use significantly increase the risk of pedestrian accidents, both for drivers and pedestrians.

Aggressive Driving

Aggressive behaviors, such as speeding, abrupt lane changes, and not following traffic rules, can lead to dangerous situations for pedestrians.

Left-Hand Turns

Vehicles making left-hand turns may focus on navigating the intersection and overlook pedestrians crossing the street.

Construction and Poor Road Conditions

Construction zones or poorly maintained roads can lead to pedestrian accidents, either by forcing pedestrians into less safe paths or by causing drivers to lose control.

Urban Navigation

The dense layout and heavy traffic of NYC often lead pedestrians and drivers to make risky decisions to save time, leading to accidents.

Protecting the Rights of Pedestrians

Pedestrians are among the most vulnerable users of public roads. In the event of an accident, they are at a higher risk of sustaining serious injuries due to the lack of protection compared to vehicle occupants. Our firm is committed to protecting the rights of pedestrians and ensuring they receive the compensation they deserve for their injuries and losses.

Common Injuries from NYC Pedestrian Accidents

Pedestrian accidents in New York City can result in a range of injuries, from mild to life-threatening, due to the vulnerability of pedestrians compared to motor vehicles. We are well-versed in the types of injuries that can occur and are committed to helping victims navigate the aftermath. Here’s a look at some common injuries from NYC pedestrian accidents:

• Traumatic Brain Injuries (TBI): These can range from concussions to more severe brain damage, often resulting from the pedestrian’s head striking the ground or the vehicle.
• Fractures: Pedestrians may suffer broken bones, with the legs, arms, ribs, and pelvis being particularly vulnerable in collisions.
• Spinal Cord Injuries: Depending on the injury’s location and severity, these injuries can lead to significant consequences, including paralysis (tetraplegia or paraplegia).
• Internal Injuries: The force of an impact can cause internal bleeding and damage to organs, which might not be immediately apparent but can be life-threatening.
• Lacerations and Abrasions: Cuts and scrapes can occur from contact with the vehicle or the road, potentially leading to significant blood loss or infection.
• Soft Tissue Injuries: Sprains, strains, and tears to muscles, ligaments, and tendons can result from the twisting, blunt force impact, or abrupt movements during the accident.
• Injuries to Extremities: Pedestrians may suffer from injuries to their hands, arms, feet, and legs as they instinctively try to break their fall or protect themselves.
• Emotional and Psychological Trauma: Beyond physical injuries, victims may experience psychological impacts such as post-traumatic stress disorder (PTSD), anxiety, depression, and emotional distress.

Damages You May Be Able to Pursue if Injured in a Pedestrian Accident

If you’re injured as a pedestrian in New York City, you may be entitled to a range of compensatory damages to cover both your economic and non-economic losses. We are here to help ensure that you understand the types of compensation available and work diligently to secure the maximum amount you deserve. Here’s an overview of the damages you might be able to recover:

Economic Damages

• Medical Expenses: Covers all medical treatment related to your injuries, including hospital stays, surgeries, medications, physical therapy, and any future medical care needs.
• Lost Wages: Compensates for the income you lost while unable to work due to your injuries. If your injuries affect your ability to earn a similar income in the future, you may also claim loss of earning capacity.
• Rehabilitation Costs: For any ongoing physical therapy or rehabilitation needed to recover from your injuries.
• Out-of-Pocket Expenses: Includes any costs you’ve incurred as a result of the accident, such as travel to medical appointments, home modifications, and medical equipment.

Non-Economic Damages

• Pain and Suffering: Compensates for the physical pain and emotional distress you’ve endured because of the accident. This includes compensation for ongoing pain, suffering, and inconvenience.
• Emotional Distress: For psychological impacts such as anxiety, depression, PTSD, and loss of enjoyment of life resulting from the accident.
• Loss of Consortium: If your injuries have negatively affected your relationship with your spouse or partner, you may be compensated for loss of companionship, affection, and support.

Punitive Damages

In cases where the defendant’s conduct was particularly egregious or reckless, punitive damages may also be awarded. These are not related to your direct losses but are intended to punish the wrongdoer and deter similar conduct in the future.

Special Considerations in NYC

It’s important to note that New York operates under a no-fault insurance system for motor vehicle accidents, which can affect how damages are recovered. However, pedestrians injured by motor vehicles can often pursue claims outside of the no-fault system to recover full compensation for their losses.

Injured as a Pedestrian in NYC? We’re Here to Help.

If you’ve been injured in a pedestrian accident in New York City, you don’t have to face the aftermath alone. The Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C. are dedicated to providing the legal guidance and support you need. Our experienced team is ready to fight for your rights and secure the compensation you deserve for your injuries and losses. Contact us today for a free consultation, and let us advocate for you.

NYC Pedestrian Accident Lawyer FAQs

Navigating the aftermath of a pedestrian accident in New York City can be overwhelming. Here are answers to some frequently asked questions that can help guide you through this challenging time.

What Should I Do Immediately After a Pedestrian Accident?

• Seek Medical Attention: Your health is the top priority. Even if you feel fine, some injuries may not be immediately apparent.
• Report the Accident: Call the police to the scene so they can create an official accident report, which is crucial for your claim.
• Gather Information: If possible, collect contact and insurance details from the driver involved, and get contact information from any witnesses.
• Document the Scene: Take photos of the accident scene, your injuries, and any relevant road signs or signals.
• Avoid Discussing Fault: Don’t admit fault or discuss the details of the accident with the driver or insurance companies without legal advice.
• Consult a Pedestrian Accident Lawyer: Contact an experienced lawyer to discuss your case and understand your legal options.

Can I Receive Compensation Even If I Was Partly At Fault?

Yes, New York follows a comparative negligence rule, which means you can still recover damages even if you were partially at fault for the accident. However, your compensation may be reduced by your percentage of fault.

Who Can Be Held Liable for a Pedestrian Accident?

Liability can fall on various parties, including the vehicle driver that hit you, the city or municipality if poor road conditions contributed to the accident, or even a third party if their actions led to the incident. An experienced personal injury attorney can help identify all liable parties.

What Types of Damages Can I Recover?

You may be entitled to recover both economic damages (such as medical bills, lost wages, and out-of-pocket expenses) and non-economic damages (such as pain and suffering and emotional distress).

What If the Driver Who Hit Me Was Uninsured?

If the driver was uninsured or underinsured, you might still be able to obtain compensation through your own insurance policy or through a special state fund designed to protect victims in such cases.

How Long Do I Have to File a Lawsuit?

In New York, the statute of limitations for personal injury claims, including pedestrian accidents, is generally three years from the accident date. However, consulting a personal injury lawyer as soon as possible is crucial to ensure your rights are fully protected.

How Much Does It Cost to Hire a Pedestrian Accident Lawyer?

Our firm operates on a contingency fee basis, meaning you don’t pay any upfront fees. We only get paid if we win your case, with our fee being a percentage of the settlement or award.