Pedestrian Accident Attorneys On Long Island
Pedestrian accidents are on the rise around the country, and victims can suffer extreme injuries. The attorneys at Parker Waichman LLP help victims of these tragic accidents secure the compensation they need to cover costly medical expenses and make up for lost income. If you or a loved one suffered injuries in a pedestrian accident on Long Island, contact our Log Island pedestrian accident law firm today to speak with one of our experienced lawyers.
Long Island Pedestrian Accident Injuries and Causes
The term “pedestrian accident” refers to any situation in which a motor vehicle strikes a person on foot. Accidents with bicycle riders, motorcycle riders, and horseback riders are not considered pedestrian accidents. Because Long Island is an incredible place for walking to work, dining, and shopping, people are traveling around on foot more and more. Unfortunately, however, this means more people are at risk for being involved in serious accidents with motorists.
Recent reports show that nearly 15,000 pedestrians are involved in an accident in New York every year. Hundreds of these accidents result in the pedestrians not surviving their injuries. Particularly in areas of significant traffic, people out walking are vulnerable to being hit. The Hampstead Turnpike is an especially dangerous area for pedestrians, as traffic experts have identified several aspects of the road adverse to walkers. For instance, the poor sight distance on the Turnpike, inadequate lighting, and lack of medians or islands create treacherous circumstances for people trying to travel down the road by foot.
In addition to New York and Long Island, the nation as a whole has an ongoing problem with pedestrian accidents. Every year, more than 5,000 pedestrians in the United States are killed after being struck by motor vehicles, according to the U.S. Centers for Disease Control and Prevention. That means that someone in the United States dies under these circumstances every 1.6 hours. How do these accidents occur? In our practice, we have found the majority of them result from negligence on the part of the motor vehicle driver.
Causes of Pedestrian Accidents on Long Island
Distracted driving has become a severe problem around the country and on Long Island, as people are too often using their phones or performing other tasks while they’re driving. When drivers act carelessly, people out walking are vulnerable to being hit and seriously injured.
In our experience representing victims of pedestrian accidents, we have helped people who were struck by drivers doing the following:
- Driving recklessly, such as weaving in and out of traffic
- Driving too fast and driving over the speed limit
- Failing to pay attention while driving
- Using a cell phone, eating, reading, or other engaging in other distractions while driving
- Falling asleep at the wheel
- Running red lights or stop signs
- Ignoring or failing to pay attention to traffic laws
- Improperly servicing a vehicle (worn out brakes, etc.)
The attorneys at Parker Waichman LLP stand up for people who have been injured in these devastating accidents, and we will aggressively pursue the compensation you and your family need.
Pedestrian Accident Injuries on Long Island
When pedestrians are struck by a motor vehicle, they can suffer severe injuries. We have represented people with the below injuries following a pedestrian accident on Long Island:
- Fractures and broken bones
- Head and/or neck injuries
- Organ injury or internal bleeding
- Brain injuries
- Spinal cord injuries
- Joint dislocation
If you have been hurt in a Long Island pedestrian accident, or your family member has, you do not have to go through this alone. Our skilled, compassionate attorneys will help you pursue justice against the people who injured you or your family member. We understand that you have suffered in numerous ways, and we want to achieve the outcome you need to move forward.
Considering New York’s No-Fault Law
Before filing a lawsuit related to a Long Island pedestrian accident, you need to make sure you have considered the requirements in New York’s No-Fault Law. About 12 states in the country, including New York, have passed these laws, which are designed to provide economic relief to people injured in motor vehicle accidents. New York’s version also applies to pedestrians injured by motor vehicles. If you are hurt during a pedestrian accident on Long Island, you must seek compensation from your own vehicle insurance carrier. Through the No-Fault process, your insurance carrier will cover your economic losses, which include medical expenses and lost income related to your injuries.
Because vehicle accidents occur so often, New York enacted this law to try to speed up recovering common damages. Rather than taking up too much of the courts’ dockets litigating who’s to blame, Long Islanders can utilize the insurance process to receive reimbursement. It is critical to remember, however, that the No-Fault process does not apply to non-economic damages, like pain and suffering. In that regard, the law can have a limiting effect on what you can recover. To seek compensation for additional damages, you must have suffered serious injury in the accident.
To pursue an action for bodily injury and physical and mental pain and suffering, you must establish that you had a serious injury, as defined by the law. Under the state law, a “serious injury,” includes 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 can be difficult to determine whether you qualify to pursue a lawsuit, which is why it is so critical that you work with an experienced Long Island attorney if you have been injured in a pedestrian accident. The lawyers at Parker Waichman LLP will conduct a thorough investigation and review of your potential claim to give you timely answers about whether you’re eligible to pursue compensation directly against the person who injured you. We want to be sure you receive all damages to which you’re entitled and will work tirelessly on your behalf. Contact our Long Island law firm today for a free consultation regarding your pedestrian accident case.
Long Island Pedestrian Accident Causes of Action
In a Long Island pedestrian accident case, we will generally pursue a cause of action under basic New York negligence law. This will require us to establish four case elements in court or throughout the course of litigation:
- Existence of a duty of care by the defendant
- Breach of the duty of care by the defendant
- Damages on the part of the plaintiff
- Causation between the damages and the defendant’s conduct
These sound like complicated legal concepts, but essentially, we need to prove that the defendant should have acted in a certain way, that he didn’t act in that way, and that you were injured because of it.
Before holding a driver accountable for injuring you, we need to prove that he had an obligation to avoid injuring you. We must establish that the defendant should have behaved a certain way before holding him responsible for not behaving that way. To analyze how the driver should have acted, we will look at what a reasonable person would have done under the very same or similar conditions.
To prove that the driver breached the standard of care, we will prove what he should have done compared to what he did do. If he failed to act with the requisite care the circumstances called for, he breached his duty. If we are successful in proving that the driver had a duty and breached that duty, we have proved that he was, indeed, legally negligent. The case is not over there, however. We next must prove damages and causation.
Damages might seem like a straightforward thing to prove, but sometimes, injuries are subtle. For instance, people with brain injuries might not have outward symptoms. In those cases, we will hire medical experts to testify to the full extent of the injury and how it will affect our client for the remainder of his or her life. In addition, we must overcome the serious injury threshold of New York’s No-Fault Law before ever filing a lawsuit.
In the end, in order to be successful in your claim, we have to tie all of your injuries back to the driver’s negligence. This can be a difficult task sometimes, particularly if you have been involved in a previous accident or have a preexisting condition that might potentially be contributing to your injuries. The attorneys at Parker Waichman LLP do not shy away from complex cases, and we will hire the experts we need to build the strongest case possible for you and your family.
Negligence Per Se
In certain pedestrian accident cases, we will attempt to bring a claim under the doctrine of “negligence per se.” In a negligence per se case, we establish that the driver was negligent by proving that he violated a traffic safety law. If we prove a violation of the law, we have established negligence and will not need to individually prove duty and breach. However, that does not exclude the need to prove damages and causation. Even in cases of negligence per se, we have to prove you were injured and that the driver’s violation was the cause of your injury.
Statute of Limitations on Long Island Pedestrian Accident Cases
Before filing your Long Island pedestrian injury accident case, we have to be sure the time to file your case has not expired. Statutes of limitations are in place and apply to every claim that originates in the state, and if the time designated by your statute of limitations passes, you will never be able to file your case.
A Long Island accident case will generally be governed by New York’s three-year statute of limitations. This means you ordinarily have three years from the date of the accident to file your claim in court. However, many factors can change this time limit, including the nature of the cause of action and the injuries claimed therein.
Also, your time limit will be different if you are pursuing a claim under New York’s No-Fault Law. The general accident statute will only apply if you are seeking damages outside of the No-Fault Law for non-economic damages. Under the No-Fault Law, you must complete all required documentation within 30 days of your accident to be able to seek compensation for your economic damages. Because so many factors go into calculating the statute of limitations on any case, which can be further complicated by the No-Fault Law, it is vital that you hire competent representation for your potential claims.
The pedestrian accident attorneys at Parker Waichman LLP are extremely diligent about timely calculating statutes of limitations and deadlines to file in all cases we review. We understand how grave the consequences of missing the deadline are, so we always make sure to take all necessary steps to arrive at the correct date. If you have questions about your case or your potential statute of limitations, contact our firm today to talk with one of our Long Island pedestrian accident lawyers.
How Can a Personal Injury Lawyer Help Me?
Pedestrian accidents cause devastating injuries that affect people’s lives in numerous ways. When we represent victims of these accidents and their families, we want to be sure we seek every possible avenue for recovery. You have not suffered just one loss, so we will not limit your damages to just one type. When you work with Parker Waichman LLP, your skilled Long Island attorney will pursue damages for you that include all of the following:
The costs of your medical treatment, including treatment you have already received and treatment you will need to receive in the future;
- Lost income, if you have had to take time off work because of your injuries or, will have to take time off in the future, including a complete inability to return to work;
- Compensation for your physical and mental pain and suffering related to the accident and your injuries;
- Damages for the ways your injuries have changed your relationship with your spouse, which are often referred to as “loss of consortium” damages.
Our Long Island pedestrian accident attorneys are committed to achieving the best results possible for you because we know that your injuries have had a serious influence on your life and the lives of your family members. When you hire our law office, you can feel confident you are working with attorneys who care about you and care about securing justice for wrongdoings you have experienced. Contact our firm today to find out why countless Long Island families have chosen us to represent them for their accident claims and how we can help you during this difficult time.
Accident Claims Process
The process of hiring a pedestrian accident lawyer and filing a lawsuit can seem overwhelming, but our firm is dedicated to keeping the steps simple. Our job is to relieve some of the stress in your life, not add to that stress, which is why we have a process that takes the worry off your shoulders. With one phone call, you will be able to start the process of gaining answers to your potential claim.
During your first call with our firm, you will be able to speak to a member of our superior legal team who will listen to your story and help you begin to understand your options. You will then have the chance to follow up with one of our experienced accident attorneys who will investigate your claim with the skills you need. If we are able to move forward with your claim, your attorney will perform all of the following tasks on your behalf:
- Gather a detailed version of events from you, your family members, and any possible witnesses to the accident;
- Secure a copy of the police report from your accident or any other pertinent documents related to your accident or injuries;
- Obtain a copy of your medical records documenting the treatment you received because of your injuries;
- Review your medical records to ascertain the full extent of your accident injuries;
- Create an exhaustive witness list, and if possible, conduct interviews with them;
- Contact any relevant insurance companies to understand policy limits, No-Fault Laws, and notify them of your representation and potential claim;
- Gather any photos or video of the accident, which might include surveillance from nearby businesses;
- Work with medical experts and accident experts to obtain favorable testimony for your case;
- Calculate the statute of limitations on your claim and determine where your case should be filed;
- Draft a petition for the recovery of damages and file it in the appropriate court on your behalf.
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This is just the work leading up to the filing of your claim. After filing, we will engage in a discovery process with the defense, in which we exchange written questions and answers and conduct depositions of parties, witnesses, and experts. This process is designed to bring out all the facts of the case and give us the opportunity to show the defense that we can meet all the required elements of your case in court. Should your case proceed to the trial stage, you can count on your Parker Waichman attorneys to present an exceptional case to the jury.
TALK WITH ONE OF OUR NEW YORK PERSONAL INJURY ATTORNEYS TODAY
Our Long Island accident attorneys always offer free and confidential case consultations for all our potential clients. We will also contract cases on a contingency fee basis, which means our own payment depends on yours. If you don’t get paid for your injuries, we will not receive a fee or reimbursement for our out-of-pocket expenses.
This sounds like a great risk, but we have a long history of ensuring families receive the justice they deserve without having to worry about the costs. We understand you are already under enough financial stress with medical bills and lost time at work, and the last thing you should have to worry about is affording legal representation. You deserve to pursue compensation with the best people on your side. Our lawyers believe in your case and will work steadfastly to obtain the results you need.
Not only are we known for our tremendous client service, but Parker Waichman LLP is also recognized as a firm that secures outstanding results. Parker Waichman LLP is one of only a few national personal Injury law firms to garner more than $2 billion for our clients in settlement awards, mediations, and verdicts. Contact our pedestrian accident law firm today to ask more about our accomplishments and to find out how we might be able to help you receive the compensation you need to move forward.
Why Choose Parker Waichman LLP?
For decades, Parker Waichman LLP has been dedicated to helping families affected by traumatic injuries. We are committed to achieving justice for people during times of grief, and we have become a nationally recognized firm for personal injury litigation. Our clients and colleagues have bestowed us with numerous honors for superior advocacy, including:
- 8 out of 10 Rating on AVVO.com
- “Preeminent Lawyers” AV Rating by Martindale-Hubbell®
- Highest Ranking of “5 Dragons” on LawDragon
- Listing in “Best Lawyers” Publication
By working with our experienced pedestrian accident law firm in Long Island, you will be partnering with attorneys who have extensive experience in New York accident litigation and a track record for securing tremendous results. Contact Parker Waichman LLP today to discuss your potential claim and to seek the justice you deserve.
Contact Parker Waichman LLP for Your Free Case Review Today
When drivers are negligent and injure innocent pedestrians, they need to be held accountable. If you were or a loved one has been hurt a pedestrian accident on Long Island, contact our national law firm today for a free consultation by filling out our online form or by calling 1-800-YOURLAWYER (1-800-968-7529).
How Do I Get My Police Report?
Within hours of an arrest or accident, a police report is generated by the investigating officer who inputs the case information. If the case is ongoing, it may be difficult to obtain the report or you may only be able to get the “public portion” until the case has wrapped up and any charges have been filed. After the police investigation has concluded, your attorney will have access to the full police report and you can ask them for a copy. The only other way to obtain a copy of a police report is to go to your local government website and request a report by filling out a form and either submitting it electronically, via mail, or in person depending on the instructions listed on your local government’s website. There may be a fee associated with requesting a copy of a police report and it may take several days after the incident for the report to be available.
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