Pedestrian Car Accidents in New York
Pedestrian car accidents in New York can have devastating consequences, resulting in severe injuries and even fatalities. These accidents occur when a vehicle collides with a pedestrian, often leading to life-altering physical and emotional trauma. If you or a loved one has been involved in a pedestrian car accident in New York, it is essential to seek legal guidance from an experienced New York car accident lawyer. Navigating the legal complexities of a pedestrian car accident case can be overwhelming, especially when dealing with the physical and emotional aftermath of the incident. Stephen Bilkis & Associates can provide invaluable support and guidance throughout the entire legal process.Common Causes of Pedestrian Car Accidents
Pedestrian car accidents can occur due to various factors, many of which are preventable. Some of the primary causes of pedestrian car accidents in New York include:
- Driver Negligence: Distracted driving, speeding, running red lights or stop signs, and failure to yield the right of way are all examples of driver negligence that can lead to pedestrian accidents. When drivers fail to exercise caution and adhere to traffic laws, they significantly increase the risk of colliding with pedestrians.
- Pedestrian Right-of-Way Violations: Pedestrians must also follow traffic rules and exercise caution while navigating roadways. Failing to use crosswalks, jaywalking, or disregarding traffic signals can put pedestrians at risk and contribute to accidents.
- Impaired Driving: Operating a vehicle under the influence of alcohol or drugs impairs a driver's judgment, reaction time, and coordination, making them more likely to strike pedestrians. Intoxicated drivers often have reduced awareness of their surroundings, leading to tragic accidents.
- Poor Visibility: Insufficient lighting, inclement weather conditions, or obstructed views due to parked vehicles, shrubbery, or construction sites can make it challenging for both drivers and pedestrians to see each other, increasing the likelihood of accidents.
- Drowsy Driving: Fatigued or drowsy drivers may have delayed reaction times and decreased focus, making them more prone to striking pedestrians. Long hours behind the wheel, inadequate rest, or certain medications can contribute to driver fatigue.
New York has specific statutes and regulations in place to protect the rights of pedestrians and ensure their safety. Understanding these laws is crucial for both pedestrians and drivers:
- Right-of-Way: New York Vehicle and Traffic Law grants pedestrians the right-of-way in crosswalks and at intersections, even if there are no traffic signals. Drivers must yield to pedestrians lawfully within these areas.
- Pedestrian Signals: Pedestrian signals indicate when it is safe for pedestrians to cross the road. Both drivers and pedestrians must obey these signals to ensure safe crossing.
- Traffic Control Signals: Pedestrians must comply with traffic control signals, such as traffic lights and walk/don't walk signals, while crossing the road. It is essential for pedestrians to wait for the signal indicating it is safe to cross and to yield to traffic when the signal instructs them to do so.
- Sidewalk Usage: Pedestrians should generally use sidewalks when available. If sidewalks are not present, pedestrians must walk facing traffic to maintain visibility and reduce the risk of accidents. N.Y. Veh. & Traf. Law § 1156. When a driver of a vehicle emerges from or enters an alleyway, building, private road, or driveway, it is their responsibility to yield the right of way to any pedestrians approaching on a sidewalk that extends across that alleyway, building entrance, road, or driveway. N.Y. Veh. & Traf. Law § 1151-a
- Shared Spaces: In areas where vehicles and pedestrians share the same space, such as parking lots or certain roadways, both drivers and pedestrians must exercise caution and yield to one another.
If you have any questions about the laws related to pedestrian car accidents, contact an experienced New York car accidents lawyer.Damages from a Personal Injury Claim
Pedestrians who are injured in car accidents can suffer a wide range of injuries, varying in severity depending on the circumstances of the accident. Here are some common types of injuries that pedestrians may experience:
- Fractures and Broken Bones: Pedestrians often suffer fractures and broken bones as a result of the impact with the vehicle. These injuries can occur in the arms, legs, hips, pelvis, ribs, or spine, and may require surgical intervention and extended periods of immobilization for proper healing.
- Head and Brain Injuries: Pedestrians are particularly vulnerable to head injuries in car accidents. This can range from minor concussions to more severe traumatic brain injuries (TBIs). Head injuries can have long-term effects on cognitive function, memory, speech, and overall brain health.
- Back and Spinal Cord Injuries: The impact of a car accident can cause severe damage to the back and spinal cord of pedestrians. Spinal cord injuries may result in partial or complete paralysis, loss of sensation, and permanent disability. These injuries often require extensive medical treatment, rehabilitation, and ongoing care.
- Soft Tissue Injuries: Pedestrians may suffer various soft tissue injuries, such as sprains, strains, and contusions (bruises). These injuries can cause pain, swelling, and limited mobility. While they may be less severe compared to fractures or head injuries, they can still have a significant impact on a person's daily life and recovery.
- Internal Injuries: The force of a car accident can cause internal injuries, including organ damage and internal bleeding. These injuries may not be immediately apparent and require immediate medical attention to prevent further complications.
- Cuts, Abrasions, and Lacerations: Pedestrians may sustain cuts, abrasions, and lacerations from contact with the vehicle or surrounding objects during the accident. These injuries can range from minor cuts and scrapes to deep wounds requiring stitches or surgical intervention.
- Emotional and Psychological Trauma: Pedestrian accidents can also result in emotional and psychological trauma. The shock, fear, and helplessness experienced during the accident can lead to conditions such as post-traumatic stress disorder (PTSD), anxiety, depression, and phobias related to crossing roads or being near traffic.
It is important to note that the severity and long-term impact of these injuries can vary depending on factors such as the speed of the vehicle, the point of impact, and the overall health and age of the pedestrian. Seeking immediate medical attention is crucial, even if injuries appear minor, as some injuries may have delayed symptoms or internal complications. Additionally, consulting with an experience car accident attorney in New York can help victims understand their legal rights and pursue appropriate compensation for their injuries and related damages.
Compensation that may be available to injured pedestrians include current and future medical costs related to the treatment and rehabilitation of injuries, such as hospital bills, surgeries, medication, physical therapy, and assistive devices. If the pedestrian is unable to work due to their injuries, they may be eligible to claim lost wages. This includes both the income they have already lost and potential future earnings if their injuries prevent them from returning to work or limit their earning capacity.
Pedestrian car accidents can cause significant physical and emotional pain and suffering. Compensation may be sought for the physical discomfort, emotional distress, mental anguish, and diminished quality of life resulting from the accident. If the pedestrian sustains long-term or permanent disabilities or impairments as a result of the accident, they may be entitled to compensation for the impact on their daily activities, independence, and overall well-being.Contact Stephen Bilkis & Associates
Pedestrian car accidents in New York can have devastating consequences for victims and their families. If you or a loved one has been involved in a pedestrian car accident, it is crucial to consult with an experienced car accident attorney serving New York. At Stephen Bilkis & Associates, we understand the complexities of pedestrian car accident cases and are committed to fighting for the rights of our clients. We will assess your case, gather evidence, and navigate the legal process to help ensure you receive the compensation you deserve. Contact us (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.