Queens Pedestrian Accident Lawyer

Why Do Vehicle vs. Pedestrian Accidents Occur?

Some of the most common causes and scenarios of pedestrian accidents include:

• Careless motorists who fail to scan the roadway for pedestrians
• Distracted driving behavior, such as eating, talking on the phone, texting, or participating in other non-driving activities
• Fatigued or drowsy drivers
• Speeding
• Rolling through red lights or stop signs when making right turns
• Driving under the influence of drugs or alcohol
• Defective roadway designs
• Lack of road maintenance or repairs
• Obscured or hidden crosswalks
• Lack of proper signage

A pedestrian can face all types of dangers on the road, including aggressive or distracted drivers. As a pedestrian, looking out for yourself and remaining highly vigilant is one of the most important things you can do to stay safe.

How Can a Queens Pedestrian Accident Attorney Help?

When you work with a pedestrian accident attorney at Parker Waichman LLP, they can help by:

• Using their in-depth knowledge of state pedestrian laws
• Conducting an in-depth investigation to determine what caused the accident and who is at fault
• Gathering evidence to build your case, including expert testimony and witness statements
• Calculating damages
• Communicating and negotiating with claims adjusters
• Filing a lawsuit and representing you in court

Recovering Compensation After a Pedestrian Accident

Pedestrians are still subject to the state’s no-fault insurance laws, but pedestrian accident cases are handled differently. The victim of a pedestrian accident can file a claim with the at-fault driver’s insurance company for medical bills, lost wages, and other reasonable expenses. If the insurance policy includes supplemental coverage, that may also be available to the accident victim.

The pedestrian can also file a claim under their Personal Injury Protection (PIP) insurance coverage.

Proving Fault in Pedestrian Accident Cases

If you plan on filing a personal injury lawsuit against the negligent driver, you must prove the individual was at fault for the accident. At Parker Waichman LLP, our Queens pedestrian accident lawyers can help you gather important evidence, such as witness statements, medical records, and the police report, to help prove liability. Our legal team also works closely with accident reconstructionists, medical specialists, forensic accountants, and private investigators, to establish liability, how the accident occurred, and to accurately assess damages.

NY Laws that Protect Pedestrians Struck By Vehicles

To avoid car crashes, New York has implemented laws that govern the behavior of pedestrians and motorists.

These laws include:

• A pedestrian only crosses the street when instructed. They must also yield to drivers when there is a don’t walk sign flashing, however, they can walk across an intersection if the walk sign was on when they started crossing the street.
• A driver must exercise care to avoid hitting a pedestrian. Drivers must yield to a pedestrian in a crosswalk when there are no traffic lights present or when the green walk sign is lit.
• A driver should never pass another vehicle in a crosswalk
• A pedestrian should avoid entering any restricted areas

Even when all traffic rules are obeyed, pedestrian accidents can still happen.