More than eight million people call New York City home. Everyone walks, takes the bus, or takes the subway anywhere they need to travel in the city. Owning a car is very expensive, so most people forego owning one. For most people in NYC, walking to get somewhere is a way of life.
But walking in NYC is not without risk, even with the number of pedestrian-friendly sidewalks and areas, and improvements made through Vision Zero. Despite these improvements, pedestrians are still hit by motor vehicles, motorcycles, trucks, bicycles, and e-scooters every day.
Pedestrian accidents are most common at intersections. They can also happen in parking lots when a person is leaving a taxi, rideshare, or city bus, on the roadside while a pedestrian is jogging or walking, and on streets that don’t have a plainly marked crosswalk.
For school children on their way to school, and elderly people who may not be as fast as everyone else, crossing a street can be a high risk anytime they venture out.
Pedestrian accidents are caused by many of the same things as auto accidents. But they all come down to one root cause: negligence. Things like:
Yes, it is possible for a pedestrian to be at least partly at fault in an accident with a vehicle.
One frequent reason for a pedestrian-caused accident is being under the influence of alcohol or drugs. If a pedestrian were to walk out in front of the car while jaywalking or trespassing on private land, they could be held at least partly responsible for the accident
Pedestrians must also exercise a duty of care just as automotive drivers. Should the pedestrian’s actions cause an accident and cause injuries to one or more parties, the pedestrian may be held partly responsible for any legal damages.
New York state’s pure comparative negligence laws mean that the pedestrian, as well as the driver who hit a pedestrian, can both be held partly at fault. Even if the pedestrian is found to be at fault 99% during the investigation, they will still have the right to recover compensation. It will just not be as much compensation as it would have been having they not caused an accident.
When a pedestrian is struck by a driver, not only will they suffer more serious injuries, they will need help with an accident claim from a personal injury attorney.
If you’re a pedestrian who has been struck by a car, commercial truck, or another vehicle on New York City streets, you’re very likely to suffer injuries such as:
These injuries have long-ranging effects and can lead to disability. Recovery is long-term and expensive. That’s why it’s important to work with a New York City pedestrian accident attorney to ensure that you will get the compensation you need.
New York is a “no-fault” state for car insurance. This means that drivers must have at least $50,000 of no-fault coverage. Should a pedestrian being struck by a driver, the pedestrian will have to file a claim with the driver’s insurance company to receive compensation under the no-fault statute. The claim will cover the pedestrian’s lost earnings as well as accident-related medical costs.
If you must file a lawsuit, New York’s statute of limitations is three years from the date of the accident. However, if you were struck by a municipal vehicle, such as an MTA bus, you’ll be required to file a notice of claim within 90 days after your accident. Because it’s more complicated, it’s best to work with a. Personal injury attorney who understands these deadlines.
The responsible party isn’t necessarily the driver of a passenger vehicle. It could also be:
You may also have to deal with the other party’s insurance company. Most insurance companies do not want to pay you what your case is worth, or even pay you anything. At this point, you’ll need to work with a pedestrian accident attorney to make sure that you receive the compensation you need for recovery.
If you’ve exhausted all your other options, and a lawsuit is your only choice, you can request damages for several accident-related expenses, including:
If a pedestrian dies because of the accident, surviving family members such as a spouse or children can file a wrongful death lawsuit to cover funeral, burial, and other accident-related expenses.
If you need help dealing with another party’s insurance company, their legal team, or any other accident-related matter, get help. An experienced pedestrian accident attorney can handle those details so you concentrate on healing from your injuries.
BigLawsuit’s experienced pedestrian accident attorneys know you are experiencing a difficult time with severe injuries. Call us at (888) 998-7165 or tell us about your case using our online contact form. We will review your case at no charge and let you know about your legal options with no obligation.
Ready to get started? Don’t stay silent. Just send us a message, and we’ll get back to you as soon as we can. Consultations are free and 100% confidential.
If you need immediate help, call (800) 777-1970. No matter how you contact us, the consultation is free. We enjoy talking with potential clients to see if we can help right a wrong.
Don't like forms? Send us an email directly at:
ask@biglawsuit.com