How to Ensure FULL Compensation for Your Injuries
If you or a loved one has been hurt due to a pedestrian accident, our experienced attorneys at Parker Waichman LLP can assist you in recovering compensation for all of your damages. These types of personal injury accidents can be particularly traumatic, and our team of legal professionals understand that you and your family need a timely resolution as medical bills come in. Our law firm can help you hold the responsible parties accountable and achieve a result that will help you move forward.
What Are “Pedestrian Accidents”
Pedestrian accidents — defined as an accident between a motor vehicle and someone on foot —are more prevalent than people tend to think. More and more, people are choosing to walk to work, shopping, and dining, which brings great convenience to their busy lives but also places them at risk for involvement in an accident.
New York Pedestrian Accident Statistics
According to recent reports, approximately 15,000 pedestrian accidents occur in New York every year with hundreds of those accidents resulting in fatalities. New York City in particular sees a significant number of pedestrian accidents and has half of all pedestrian fatalities in the state. Many of the accidents occur at intersections, especially in well-populated, high-traffic areas. The New York Department of Transportation released a study concluding which intersections in the state were the most dangerous for pedestrians. This list included:
- West 40th Street and 8th Avenue in Manhattan
- Bowery and Canal Street in Manhattan
- Utica Avenue and Eastern Parkway in Brooklyn
- East 170th Street and the Grand Concourse in the Bronx
- 27th Street and Queens Plaza in Queens
- Hylan Boulevard and Jefferson Avenue in Staten Island
These accidents are a problem on a national scale as well. The U.S. Centers for Disease Control and Prevention reports that more than 5,000 pedestrians are killed in collisions with vehicles every year in the United States, meaning a pedestrian death occurs somewhere in the country every 1.6 hours. When these accidents occur, people often suffer debilitating injuries.
What the Most Common Injuries Sustained in a Pedestrian Accident?
Pedestrians struck by a vehicle can experience severe injuries. In Parker Waichman’s long history taking these cases, we have represented people with a range of pedestrian accident injuries, including:
- Fractures and broken bones
- Head and/or neck injuries
- Organ injury or internal bleeding
- Brain injuries
- Spinal cord injuries
- Joint dislocation
Our law firm understands how devastating these injuries can be for the victims and their families, and we fight for the justice they deserve.
The Common Causes of Pedestrian Accidents
In most situations, pedestrian accidents are the result of a negligent driver. People make poor decisions driving or become distracted behind the wheel and end up causing an accident with someone walking or jogging. The most common causes of pedestrian accidents usually include:
- Reckless driving
- Inattentive or distracted driving
- Falling asleep while driving
- Running red lights or stop signs
- Failing to observe traffic laws
- Failing to look before turning or changing lanes
- Brake failures or improper vehicle maintenance
When drivers act recklessly and injure someone, they need to be held accountable. The attorneys at Parker Waichman LLP will stand up for your rights and aggressively advocate on your behalf to seek the compensation you and your family deserve.
Standard of Liability in New York Pedestrian Accident Cases
In a New York pedestrian accident case, your Parker Waichman attorney will file a claim for damages under a general theory of negligence. Under New York negligence law, we have to prove for elements of a case in court:
- The driver had a duty to use reasonable care;
- The driver breached that duty;
- You suffered harm; and
- Your injuries were caused by the driver’s negligence.
Duty of Care
To prove a duty existed, we analyze the circumstances of the accident. New York drivers have a duty to use reasonable care on the road, and in some situations, people have a higher duty of care than that. If a person fails to use care, he has breached his duty. The court will look at what a reasonable person would have done in the same or similar circumstances and will find there was a breach if the driver could have acted differently with minimal burden to himself.
Breach of Duty
We also have to prove that there was an injury and that the injury was caused by the driver’s negligent conduct. It might seem like an injury is obvious, but some injuries are latent (like brain injuries) and require experts to testify in order for the defense and the jury to understand the extent of your injury and the effect those injuries have had on your life. We then must link the injury back to the action or inaction of the driver. Sometimes this can be one of the more difficult aspects of a case to prove, but our New York trial lawyers have years of trial experience and know how to build the strongest possible case.
Alleging “Negligence Per Se”
Outside of general negligence, we can sometimes bring a lawsuit alleging negligence per se. This doctrine stands for the principle that if someone violates a safety law and causes someone else injury, that person is automatically deemed negligent. In other words, the injured person will no longer need to prove that the defendant owed a duty of care or breached a duty of care. However, this does not equal an immediate victory in court. The plaintiff will still need to prove the existence of an injury and the cause of that injury and tie them back to the violation of the safety law.
Parker Waichman LLP Has the Proven Experience Your Case Needs
As you can see, no matter what allegations you advance in a lawsuit, they all involve a great deal of energy and knowledge of New York law to be successful. Parker Waichman LLP has a tremendous command of personal injury and negligence law, and we can help you decide which allegations you should pursue against the driver who injured you.
New York’s No-Fault Law
When you decide you pursue an accident claim against a driver in New York, you must consider the state’s No-Fault Law. New York joins about twelve other states in the country in enacting a No-Fault Law to provide relief for victims of collisions. If you are injured in a vehicle accident in the state, even as a pedestrian, you must seek reimbursement for your economic damages from your own insurance carrier. Economic damages include things like medical bills and lost wages if you were not able to work because of your injuries.
States have turned to these types of laws to try to hasten the process of seeking recovery for accident cases because they happen so often. The legislature felt it would prevent the courts from becoming clogged with arguments about who was to blame in an accident. New Yorkers can instead use a succinct insurance process. But it is important to understand that this process does not apply to noneconomic damages like pain and suffering. This can have the effect of limiting what you can recover because you can only pursue certain losses and can only bring a lawsuit against the driver if you have severe enough injuries.
Meeting the “Serious Injury Threshold” Established by New York’s No-Fault Law
To overcome the No-Fault Law, you must meet a specific injury requirement. In order to obtain relief for bodily injury, physical and mental pain and suffering, you must meet the “serious injury threshold” established by New York’s No-Fault law.
Under the law, a serious injury is defined as one of the following:
- Bone fracture
- Significant disfigurement
- Loss of a fetus
- Significant limitation of use of a body function or body system
- Permanent limitation of use of a body organ or body part
- Full or substantial disability for at least 90 days following the accident
It is not always clear which injuries qualify as serious under the No-Fault Law and which do not. This is why it is so vital to retain competent counsel to represent you in your pedestrian accident.
The Justice You Deserve
The skilled attorneys at Parker Waichman LLP are extremely familiar with New York laws on pedestrian cases, and we will be able to determine if you are eligible to file a third-party lawsuit against the driver in your case. You deserve timely answers, and you deserve your day in court. We can help you and your family seek the justice you need during this trying time.
Statute of Limitations for New York Pedestrian Accident Cases
Yet another complicating factor in New York pedestrian accident cases is consideration of the statute of limitations. Anytime you are going to file a lawsuit in New York, you must make sure you are filing within the time period prescribed by the state’s laws. If you do not file your case in the right court within the right time, your case will be forever barred, meaning you will never be able to file it.
This might seem unfair, but all states have statutes of limitations on cases that require people to investigate their potential cases and file a lawsuit within a specific time period. When you do not delay in filing your case, you are far more likely to have reliable evidence for your case. For example, people’s memories of the day of the accident will be a lot more reliable one year later versus five years later. State governments also have an interest in protecting defendants, just as they do plaintiffs. They do not want potential defendants to have to prepare indefinitely for anticipated litigation.
Factors That Determine the Correct Statute of Limitations
In New York, the statute of limitations on a personal injury claim is generally three years. This means you are required to file your claim for bodily injury within three years of the day of the accident. Many factors can go into determining the correct statute of limitations, however, and sometimes it is not easy to tell when the clock started running. You need an experienced personal injury lawyer, like the lawyers at Parker Waichman, to help you find the definite date by which you need to file your case.
The Time to Collect is Short
Something very important to also keep in mind is New York’s three-year statute of limitations does not apply to a No-Fault economic loss claim with your insurance carrier. To pursue this claim, you must submit the appropriate documentation within 30 days of the accident. This is another situation where your lawyer will be able to help you navigate the system and decipher what you can pursue and when.
Parker Waichman LLP is extremely diligent about calculating statutes of limitations and claims deadlines right when cases some through the door. We know how important your rights to compensation are, and we want to do whatever we can to protect them. Contact our law office and find out more about all of the ways we can assist you following a pedestrian accident.
How Can a New York Personal Injury Lawyer Help Me?
In the aftermath of an injury accident, it can be difficult to know what to do, and the thought of hiring a lawyer might seem overwhelming. Our clients often tell us when they call that they have never been involved in a lawsuit before and are not the type of people to take handouts. Let us assure you that seeking justice for the ways you have been harmed is not a handout, and pursuing a viable lawsuit is exactly what you need to do to protect your valuable legal rights.
When you have been in an accident and injured by someone else’s negligence, you deserve fair compensation. A monetary award cannot make up for all of the ways you have been harmed, but it can ease much of the burden that has been placed upon you and your family. A qualified lawyer can help you do that. When you hire Parker Waichman LLP for your personal injury claim, your dedicated attorney will be able to pursue damages on your behalf including all of the following:
- Reimbursement for medical bills from the treatment you received following your injuries. This covers both past and future medical bills if you will need additional treatment.
- Lost wages from the time you had to take off work following the accident and any time you will need to take off in the future. We can also pursue damages if you are completely unable to return to work because of your injuries.
- Compensation for the physical and mental pain and suffering you have endured since the accident.
- Loss of consortium damages for the ways your injuries have affected your relationship with your spouse.
To prove these damages, we will hire renowned experts to testify about the severity of your injuries and will your life be affected by those injures. This will sometimes involve hiring a life-care planner to provide opinions about the amount of money you will need for medical care for the rest of your life. You can trust that your Parker Waichman attorney will do everything possible to create a case that will maximize your potential recovery.
The Pedestrian Accident Claims Process
At Parker Waichman, we want to ease your stress by providing a simple process for case signing. We know you have been through enough, so we have created a worry-free system to begin case investigation. It all starts with one phone call or one contact form to our New York firm. During your first contact with us, you will be able to speak with a compassionate member of our legal team who will take down some information about your potential claim and arrange for you to speak to a skilled Parker Waichman lawyer. Your lawyer will be able to immediately answer questions for you and explain all of the services we can provide with regard to your claim. During the course of our investigation, we will be able to do all of the following on your behalf:
- Draft a summary of the accident and your injuries by speaking to you and your family member, including anyone who was with you the day of the accident;
- Obtain a police report, accident report, and any other pertinent documents to your case;
- Order and review medical records documenting the treatment you received following the accident;
- Identify and interview all witnesses to the accident;
- Contact and work with insurance carriers for you and the negligent driver;
- Obtain photos of the accident, including any business surveillance footage that might have captured the incident;
- Hire accident experts and medical experts to evaluate your case and injuries;
- Determine the statute of limitations on your case and the proper venue for filing your case;
- Draft a petition for damages; and
- File your claim on your behalf.
These are just the beginning steps, and much of the harder work begins after filing. A successful personal injury case takes time and significant effort to build, but we have the knowledge and skills to litigate your claim with the passion it deserves. Contact Parker Waichman LLP today to learn more about our claims process and to take advantage of our free consultation offer with one of our experienced, compassionate lawyers.
How Parker Waichman LLP Can Help You
When you are seriously injured in a pedestrian accident, you and your family deal with an extraordinary amount of emotional, physical, and financial turmoil. As medical bills come in and you are forced to take time off work, you start to constantly worry about making ends meet. The last thing you should worry about is whether you can afford to hire an attorney to pursue the compensation you’re entitled to receive. This is why Parker Waichman LLP offers free confidential case consultations and contracts pedestrian accident cases on a contingency fee basis.
Free Case Analysis
Your initial call to our firm is absolutely free, and we will investigate your claim without ever asking for a penny from you. We strongly believe in maintaining access to the judicial system for everyone, so we take on all of the financial risk of litigation ourselves. We will advance the expenses of litigating your claim, including costly depositions and expert fees, and place our years of experience in your case without ever sending you a bill. And if you do not receive a settlement or verdict in your favor, we will not receive anything, either. We only get paid if you do because we are invested in a fair civil process. We recognize the average person cannot afford the expenses associated with a personal injury lawsuit, and we never want that to prevent someone from seeking the just resolution they deserve.
Parker Waichman LLP Brings Peace of Mind to You and Your Family
Contact Parker Waichman LLP today to find out more about our lawyers and the tremendous results our attorneys have been able to achieve for our injured clients. We are ready to fight for your legal rights and stand by you the whole way. When you hire our firm, you can immediately feel more at ease knowing your case is in the hands of caring legal professionals who are committed to obtaining the best results for you and your loved ones.
Why Contact Parker Waichman LLP?
Our law firm is one of very few law firms to secure more than $2 billion in settlements and verdicts for our personal injury clients, and we have decades of experience handling pedestrian accident claims in New York.
We have also earned a standing in New York’s top personal injury firms, receiving numerous honors and accolades from fellow lawyers, judges, and clients, including:
- 9.8 (out of a perfect 10) Rating by AVVO (a service that rates every attorney in the United States)
- An AV “Preeminent Lawyers” Peer Review Rating by Martindale-Hubbell® – who has rated attorneys for over 100 years.
- The Highest Ranking of “5 Dragons,” (a peer review site – Lawdragon.)
- Listed in the Best Lawyers Publication, determined by Extensive Peer Review
When you hire Parker Waichman LLP for your New York pedestrian accident claim, you can feel confident your case will be managed by attorneys with the knowledge and experience to achieve the results you need.
Contact Parker Waichman LLP at 1-800-YOURLAWYER (1-800-968-7529)
The New York attorneys at Parker Waichman, LLP are ready to help you recover the compensation you deserve, starting with a case consultation and review at absolutely no cost to you. If you were involved in an accident in New York and have related injuries, contact our firm today for a free consultation by filling out our online form or by calling 1-800-YOURLAWYER (1-800-968-7529).
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