Pedestrian Accident Attorneys In New York
If you or someone you know was injured in a pedestrian accident in New York, the lawyers at Parker Waichman LLP may be able to help you recover compensation for your expenses, injuries, and overall damages. Collecting damages from the party who is allegedly at fault for a New York pedestrian accident is often complicated; however, our New York Parker Waichman attorneys have decades of successful experience handling pedestrian accident claims in New York.
If you have been injured as a pedestrian, you must act quickly to protect your rights and gather the essential evidence. In fact, in New York, No Fault claims must be filed within 30 days.
Call the New York law firm of Parker Waichman LLP today and speak with an experienced pedestrian accident attorney who will be able to investigate your claim and gather the important evidence needed so that you may be compensated for your injuries, pain and suffering, medical expenses, and lost wages.
Statistics of Pedestrian Accidents in New York
In 2011, alone, nearly 16,000 pedestrian accidents occurred in New York State. These accidents led to a total of 296 deaths. Approximately 48 percent of these pedestrian accident deaths took place within the five counties of New York, according to New York State’s 2012 Highway Safety Report. In 2014, there were a total of 132 pedestrian deaths, a drop in numbers, but still a significant number of deaths.
In New York, walking is a popular way in which to move from one place to another place. This means that pedestrian accidents typically occur frequently and are associated with an array of causes, many of these causes often involve driver negligence. According to the 2015 Highway Safety Annual Report, “New York City continues to be the most dangerous region in the state for pedestrians; in 2014, 47 percent of the state’s pedestrian fatalities occurred within the five counties of New York City.” In fact, “pedestrian fatalities still account for 25 percent of the total fatalities in the state.”
Pedestrian accidents have many different causes, many of which result from driver negligence, including: Distracted driving; failure to yield; crossing against the signal; speeding, limited visibility, and slippery pavement; and intoxication.
According to the U.S. Centers for Disease Control and Prevention (CDC), in 2015, a total of 5,376 pedestrians were killed in traffic crashes in the United States with an average of one crash-related pedestrian death every 1.6 hours. The CDC also notes that nearly129,000 pedestrians were treated in hospital emergency departments for non-fatal, crash-related injures, also in 2015 and pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash on every trip.
Determining the cause of the pedestrian accident is critical given that an injured pedestrian must prove that the driver was negligent or violated a safety rule. Even pedestrians who are found to be partly responsible for their own accidents may recover some compensation from drivers who were at fault under New York’s comparative fault rules.
More recently, the New York State Department of Motor Vehicles (DMV) “Summary of Pedestrian/Motor Vehicle Crashes 2014” revealed that:
- Total crashes: 14,952
- Fatal Crashes: 269
- Non-Fatal Personal Injury Crashes: 14,650
- Fatalities: 271; pedestrians killed 268
- Non-fatal injuries, persons injured: 15,428; pedestrians injured 14,906
The Most Dangerous Intersections in New York City
While many locations in New York and in New York City are dangerous and no borough is without the issue of pedestrian injuries and deaths, there are some intersections in which pedestrians are likelier to be injured.
According to the New York City DOT, these intersections include:
- East 170th Street and the Grand Concourse (Bronx)
- West 40th Street and 8th Avenue (Manhattan)
- Bowery and Canal Street at the Manhattan Bridge approach (Manhattan)
- Utica Avenue and Eastern Parkway (Brooklyn)
- 27th Street and Queens Plaza (Queens)
- Hylan and Jefferson (Staten Island)
If You are in a Pedestrian Accident
If you are a pedestrian and you become involved in an accident, know that no matter how mild a pedestrian accident may appear to you at the time, all pedestrian accidents are considered to be emergencies. Bear in mind that an unprotected body is not able to handle the impact of a collision with vehicle weighing thousands of pounds. Often, pedestrians suffer from significant, life-threatening injuries and death. Some of the injuries seen in pedestrian accidents include amputations, broken bones, head and spinal cord injuries, internal bleeding, organ damage, nerve damage, torn ligaments and tendons, serious cuts and bruising, and herniated discs.
If you have been involved in a pedestrian accident, seek immediate medical care, regardless of how you feel. Shock and the adrenaline push following an accident may make serious symptoms difficult to distinguish. Some injuries may also take time to present; waiting may only worsen injuries.
What Constitutes a Pedestrian Accident?
The National Highway Traffic Safety Administration (NHTSA) defines a pedestrian accident as being a crash that involves someone who was not in a motor vehicle, pedal cycle, or animal. If the injured party was on a bicycle or riding a horse, these do not qualify as a pedestrian accident. If the individual was on foot, even if that individual was sitting or lying down, the individual is considered a pedestrian. A pedestrian may be walking, jogging, standing still, or running.
What are the Legal Rights of New York Pedestrians?
Pedestrians are much more vulnerable to serious injuries in a crash than are individuals who are inside of a vehicle. In New York, motorists must watch out for, and share the roads with, pedestrians and bear in mind that pedestrians hit by a motor vehicle may suffer from serious injuries or death. Motor vehicles of every type must yield to pedestrians; therefore, when a pedestrian is hit by a motor vehicle, the fault of the accident is typically with the driver.
Pedestrians who have suffered a serious injury or who have died, may be able to receive compensation in a pedestrian accident lawsuit. Compensation may include lost wages or diminished earning ability; medical bills, expected medical bills; pain and suffering; and a diminished quality of life. When a pedestrian is injured, more than one individual may be found to have legal responsibility.
If You Have Questions About Filing A Pedestrian Accident Lawsuit in New York
The New York pedestrian accident attorneys at Parker Waichman LLP have a long history of successfully fighting accident cases and recovering compensation for their clients. If you or someone you know has been injured due to a New York pedestrian accident, the firm offers legal consultations to individuals with questions about filing a lawsuit.
Parker Waichman offers free, no-obligation case evaluations. For more information, call 1-800-YOURLAWYER (1-800-968-7529).
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