How To Make Sure That You Receive Full Compensation
Pedestrians are at the mercy of the traffic around them. There is no protection for the human body against a two-ton motor vehicle. Surviving a pedestrian accident may leave the victim with permanent injuries, scars, and emotional damage that constantly reminds the victim that they were once run over. Of course, anyone who survives a collision with a motor vehicle is fortunate, even if that person faces a long and uncertain road to recovery.
Walking is a way of life in New York County. The majority of New York County residents do not own cars. Parking is difficult, traffic is suffocating, and walking is not only a healthy option, but it is the most efficient way to get around forNew York County residents. Residents need to walk to the subway to hop a train to work or walk their children to school or the bus stop. Additionally, walking or jogging through the city streets and Central Park for exercise is common for many New York County residents. Of course, New York County has its share of visitors, whether commuting from out-of-town or taking in the sights, and these folks can become overwhelmed by the flow of traffic and how fast everyone and everything moves.
Pedestrian safety is of vital importance to New York County’s politicians, first responders, and business people. Notwithstanding New York’s efforts to reduce traffic deaths, fatal and non-fatal pedestrian accidents happen frequently. The New York County pedestrian accident lawyers with Parker Waichman LLP are ready to help anyone, resident or visitor to New York County, who suffered an injury or whose family member died in a New York County pedestrian accident.
New York County Pedestrian Accident Statistics
In New York County, pedestrian accidents occur regularly. According to recent statistics, around 4,000 people suffer injuries each year in traffic collisions. Additionally, another 250 people die each year in crashes in New York City. Accordingly, on average, someone dies or suffers severe injuries in a collision in New York City every hour of every day.
New York County’s most vulnerable populations suffer the most. Pedestrian accidents are the leading cause of premature death due to an injury in New York County for children 14 years-of-age or younger and are the second leading cause of death by injury in seniors.
Causes of Pedestrian Accidents in New York County
Pedestrian accidents can happen for many reasons. A pedestrian encounters numerous dangers when walking down a street. Pedestrian accidents are sometimes the fault of the pedestrian. For example, walking in the dark, crossing against traffic or not at a corner, walking around while inebriated or distracted, are all causes of accidents initiated by pedestrians. However, motorists cause accidents as well. Some of those causes are:
- Lack of visibility,
- Distracted driving,
- Improper turning,
- Dangerous lane changes,
- Ignoring traffic signals, and
- Other dangerous driving behaviors.
Speeding is the primary cause of fatal pedestrian accidents. A person is twice as likely to die when struck by a car traveling at 30 miles per hour than if struck at 25 miles per hour according to an analysis performed by the New York City Department of Transportation. A car traveling 25 miles per hour can stop 45 feet sooner than a car traveling at 30 miles per hour.
Not surprisingly, one out of every four pedestrian collisions involves a turning vehicle. Pedestrians face being struck by a left-turning vehicle at a rate that is three times higher than when a vehicle turns right.
Excessive speed when turning creates a tremendous danger for pedestrians. Turning slowly, at no more than five miles per hour, can reduce the risk of a driver colliding with a pedestrian.
Walking at times of low visibility also increases a person’s chances of being hit by a car. The majority of pedestrian crashes occur at dusk when visibility might be at its worst for a motorist. Lack of daylight also explains why more pedestrians are hit in the latter part of the year than at the beginning. Statistics show that more pedestrians become involved in accidents from September to January then the first eight months of the year.
Injuries in New York County Pedestrian Accidents
Injuries to a pedestrian can vary when a motor vehicle strikes a person. Parker Waichman LLP’s lawyers have represented victims and their families in pedestrian accidents involving, severe and catastrophic injuries such as:
- Traumatic brain injuries,
- Broken or fractured legs, arms, hips, skull and facial bones, ribs, and vertebrae,
- Amputation of limbs,
- Spinal cord injuries,
- Internal injuries, such as damage to vital organs and internal bleeding,
- Deflated or punctured lungs,
- Disfigurement, and
- Wrongful death.
Proving Liability in a New York County Pedestrian Collision
Liability for a pedestrian accident in New York County comes down to the negligence of the driver. To be victorious in a claim for negligence, the claimant must demonstrate that the motorist, who owes a duty to everyone sharing the road at the critical moment, failed to drive safely. If violating that duty to drive safely causes an accident, then the driver is responsible and must pay damages.
Insurance companies will try to cap the amount of financial recovery a claimant may receive or deny a claim by a pedestrian for damages. Insurance company claims adjusters and their attorneys try to limit their clients’ exposure to damages. That is their job, and most are quite capable. Adjusters and insurance defense counsel will argue that the pedestrian was either fully or partially at fault by claiming that the person walking did something to put themselves in danger, like walking while listening to music through earbuds or texting caused the person to ignore the cars around him or her.
The notion that a claimant is at fault for all of, or a part of, his or her injuries is called comparative negligence. An injured pedestrian can receive a damage award, reduced by the percentage which their actions contributed to their injuries.
Statutes of Limitations in Pedestrian Accident Legal Claims
Statutes of limitations change from jurisdiction to jurisdiction. The harsh effect of the statute of limitations precludes injured pedestrians from recovering any financial award if the victim fails to take the necessary action to prevent the statute from running.
In New York, the limitation period for personal injury actions, including pedestrian accidents and claims related to pedestrian accidents such as compensation for pain and suffering, loss of consortium, and loss of friendship is three years.
Call Parker Waichman LLP for Your Free Consultation
Parker Waichman LLP’s pedestrian accident attorneys understand the sense of loss one feels after suffering severe injuries in a crash. Additionally, Parker Waichman LLP’s attorneys comprehend the amount of pain and suffering victims of pedestrian-car collisions and their families feel. Parker Waichman LLP’s accident attorneys will aggressively pursue damages for the victims of New York County pedestrian accidents so that the injured and their loved ones can piece their lives back together and hopefully, ease the burden for the future by winning financial compensation from the people or companies who victimized them.
Contact Parker Waichman LLP today at 1-800-YOURLAWYER (1-800-968-7529) to schedule a free, no obligation consultation. We are here 24/7 to help you get the compensation your case deserves.
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