New York Pedestrian Accidents

Millions of people walk around the streets of New York every day to go to work, run errands, and to see the sights. Unfortunately, drivers do not always look out for pedestrians and as a result there are a number of devastating accidents every year. Pedestrian accidents in New York require an experienced personal injury attorney to handle the claim and secure full compensation for victims. At the Law Offices of Justin D. Brandel, our top tier legal professionals are ready to provide you with zealous legal advocacy after a pedestrian accident. Call or contact the office to schedule an evaluation of your case today.

New York Pedestrian Accident Statistics

According to the New York Department of Health, there are on average 312 deaths every year caused by drivers striking pedestrians. The most common demographics for pedestrian accident victims are men and those ages 65 years and older. In addition, there are over 3,000 hospitalizations of pedestrian accident victims annually and over 12,500 emergency room visits. Emergency room visits due to pedestrian accidents are most common for men ages 15 to 24 years old. Pedestrian accidents are one of the least common types of auto accidents, yet they result in the highest likelihood of serious injury and death for victims.

Common Causes of Pedestrian Accidents

Pedestrian accidents in New York happen for many different reasons, but in the majority of cases a driver of a car, truck, or other vehicle behaves in a negligent or reckless manner that ultimately results in a crash. Some of the most common causes of pedestrian accidents in New York include the following:

  • Speeding
  • Running red lights
  • Failing to yield the right of way to pedestrians
  • Diving while texting or looking at GPS directions
  • Other distracted driving
  • Driving while drowsy
  • Driving under the influence
  • Road rage incidents
  • Regardless of the cause, after a pedestrian accident, there are steps that you should take to preserve your case. Seek immediate medical care for diagnosis and treatment of your injuries. Obtain copies of any accident or police report about the crash and get the contact information of the driver involved. If possible, take photos and videos of the scene of the accident, including all injuries and other damage inflicted by the negligent driver. If there were witnesses to the accident, obtain their contact information, as well. Keep a record of your medical progress and setbacks in addition to all receipts regarding your care and lost wages. Finally, seek legal representation from an experienced pedestrian accident attorney who can skillfully advocate on your behalf with insurance companies and in court.

    Injuries Caused by Pedestrian Accidents

    Given the lack of protection that a pedestrian has when struck by a vehicle, the injuries sustained by victims are often severe and catastrophic. These injuries often require substantial medical treatment and can result in permanent disabilities for victims, which can render them unable to return to work or care for their families. In some cases, they may require a lifetime of additional care, rehabilitation, and continued medical intervention. Some of the most common injuries seen in New York pedestrian accidents include the following:

  • Serious head injuries
  • Traumatic brain injuries
  • Back and neck injuries
  • Spinal cord injuries
  • Crushed and broken bones
  • Dislocated joints
  • Torn and damaged soft tissue injuries
  • Nerve damage
  • Amputation injuries
  • Internal organ damage and bleeding
  • Lacerations and road rash
  • Paralysis
  • Coma
  • Death
  • Medical bills for these types of injury can quickly skyrocket into the tens or hundreds of thousands of dollars. You need a knowledgeable pedestrian accident attorney who understands the full value of your claim and will not settle for anything less than what your case is truly worth.

    Compensation for Pedestrian Accident in New York

    Compensation for New York pedestrian accidents includes damages for all economic and noneconomic damages sustained in the crash. Economic damages include all associated medical expenses, property damage, lost wages, and the loss of future income and benefits. Noneconomic damages include compensation for the victim’s pain and suffering, emotional distress, disability, disfigurement, and loss of enjoyment of life. For pedestrian accidents that are fatal to victims, the loved ones of the deceased can also seek damages for wrongful death. Wrongful death compensation includes payment for all final medical bills, funeral costs, burial costs, and payment for the victim’s final pain and suffering, emotional distress, and for the loss of guidance, support, love, and companionship of the victim.

    New York uses a comparative negligence rule when determining the final compensation in pedestrian accidents and other personal injury claims. This means that the court determines the degree of fault for every party involved in the accident and reduces the overall compensation by that percentage. For example, if a pedestrian is injured in an accident with $100,000 in damages and found forty percent at fault, the total compensation is reduced to $60,000. Comparative fault can be extremely damaging to an accident victim’s total compensation, which is why you should always use an experienced personal injury attorney who knows how to fight accusations of fault in an accident.

    How a Lawyer can Help With a Pedestrian Accident

    Hiring a knowledgeable pedestrian accident attorney can be incredibly beneficial for your injury claim. A lawyer knows the laws and procedures to preserve your case, such as the applicable statute of limitations to file a claim. An attorney will protect you against unscrupulous insurance adjusters looking to minimize your injuries or accuse you of causing the accident. Once you hire a lawyer all communication from insurers is required to go to your attorney. An experienced lawyer understands the true value of your claim and will not settle for anything less, and if necessary an attorney can take your case to trial in order to secure the compensation you deserve.

    Contact the Law Offices of Justin D. Brandel

    If you would like to speak with an experienced pedestrian accident attorney in New York, call or contact the Law Offices of Justin D. Brandel today to schedule a consultation of your case.

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