New York Pedestrian Car Accidents Lawyer
According to the National Highway Traffic Safety Administration over 4000 pedestrians are killed each year in the U.S. by cars, trucks and other types of motor vehicles. Compared to the number of accidents involving only vehicles, the number of accidents involving a pedestrian and a vehicle is relatively low. However, when a car, truck or bus hits a pedestrian, there is good chance that they pedestrian will be seriously injured or killed. However, under New York law victims of car accidents have the right to demand compensation from the person whose negligence resulted in the accident. If you or a family member was a pedestrian seriously injured in a car accident, contact an experienced New York pedestrian car accident lawyer at Stephen Bilkis & Associates who will help ensure that the person responsible for your losses is held accountable.What Is the Law in New York Related to Pedestrian Rights?
New York has several laws in place to protect pedestrians and ensure their safety. These laws are designed to promote safe walking and driving practices and reduce the number of pedestrian accidents in the state. Some of the key laws related to pedestrians in New York include:
Pedestrian right of way: In New York, pedestrians have the right of way in crosswalks and at intersections, whether or not there is a traffic light. Drivers are required to yield to pedestrians in these areas.
Pedestrian signals: Pedestrian signals are used to indicate when it is safe for pedestrians to cross the street. Pedestrians must obey these signals and should not cross the street when the signal is indicating that it is not safe to do so.
Sidewalk rules: Pedestrians are generally required to use the sidewalk when one is available. If there is no sidewalk, pedestrians should walk on the left side of the road, facing traffic.
Jaywalking: Jaywalking is illegal in New York and can result in a fine. Pedestrians should always use crosswalks and should not cross the street in the middle of a block.
Yielding to emergency vehicles: When an emergency vehicle is approaching, drivers must yield to the vehicle and give it the right of way. Pedestrians should also yield to emergency vehicles and move to the side of the road.
These laws are in place to protect pedestrians and ensure their safety on New York's roads and sidewalks. It is important for both drivers and pedestrians to be aware of these laws and to follow them to avoid accidents and injuries. If you have been involved in a pedestrian accident, it is important to speak with an experienced New York pedestrian car accident lawyer who can help you understand your legal rights and options.What Are the Common Causes of Pedestrian Accidents?
While there are cases where a car hits a pedestrian the pedestrian was at fault, in most cases the fault lies with the drivers of motor vehicles. The top causes of such accidents include:
- Distracted driving: When drivers are distracted, they may not notice pedestrians crossing the road, resulting in accidents.
- Speeding: When drivers exceed the speed limit, they may not be able to stop in time to avoid hitting pedestrians.
- Intoxication: Drivers under the influence of drugs or alcohol may have slower reaction times and impaired judgment, increasing the risk of pedestrian accidents.
- Failure to yield: Drivers may not yield to pedestrians at crosswalks or fail to stop at red lights, leading to collisions.
- Poor visibility: Poor lighting or weather conditions can make it difficult for drivers to see pedestrians, increasing the risk of accidents.
- Jaywalking: Pedestrians who cross the road outside designated crosswalks or against traffic signals can put themselves at risk of being hit by cars.
- Infrastructure problems: Poorly designed or maintained roads, sidewalks, and crossings can create hazards for pedestrians.
It is important for both drivers and pedestrians to remain vigilant and follow traffic rules to prevent accidents.Why are Pedestrian Car Accidents So Dangerous?
Pedestrian car accidents are particularly dangerous because pedestrians are completely unprotected and vulnerable when they are struck by a car. Unlike drivers and passengers in a vehicle, pedestrians have no seatbelts, airbags, or other safety features to protect them in the event of an accident. This makes them much more likely to suffer serious or even fatal injuries.How Common Are Pedestrian Car Accidents in New York?
Pedestrian car accidents are unfortunately quite common in New York. According to data from the New York State Department of Motor Vehicles, there were 15,782 pedestrian accidents in New York in 2019. Of those accidents, 132 were fatal and 14,840 resulted in injuries.
The data also shows that pedestrian accidents are more likely to occur in urban areas, such as New York City, where there is more foot traffic and congestion. In fact, nearly 73% of all pedestrian accidents in New York in 2019 occurred in urban areas.
In terms of age groups, pedestrians over the age of 65 are at a higher risk of being involved in an accident. In 2019, pedestrians over the age of 65 accounted for nearly 25% of all pedestrian fatalities in New York.
The causes of pedestrian car accidents in New York are varied, but some of the most common factors include driver negligence, such as distracted driving, speeding, and failure to yield to pedestrians. Pedestrian behavior can also contribute to accidents, such as jaywalking or crossing the street while distracted by a phone or other device.
Overall, pedestrian car accidents are a significant problem in New York, and it is important for both drivers and pedestrians to take steps to reduce the risk of accidents. This includes following traffic laws, staying alert and focused while walking or driving, and being aware of one's surroundings at all times. If you have been involved in a pedestrian car accident in New York, it is important to seek the guidance of an experienced New York pedestrian car accident lawyer who can help you understand your legal rights and options.What Are Common injuries in Pedestrian Car Accidents?
Pedestrians who are hit by a car can suffer a wide range of injuries, depending on the speed of the vehicle and the angle of impact. Some of the most common injuries sustained in pedestrian car accidents include:
- Traumatic brain injuries: Pedestrians who are hit by a car can suffer traumatic brain injuries (TBIs), which can cause long-term cognitive and behavioral problems.
- Spinal cord injuries: Pedestrians can also suffer spinal cord injuries in car accidents, which can lead to paralysis or other permanent disabilities.
- Broken bones: Pedestrians may suffer multiple broken bones in a car accident, which can require extensive medical treatment and a long recovery time.
- Soft tissue injuries: Soft tissue injuries, such as bruises, sprains, and strains, are also common in pedestrian car accidents.
- Internal injuries: Pedestrians may suffer internal injuries, such as organ damage or internal bleeding, which can be life-threatening if not treated promptly.
In addition to physical injuries, pedestrian car accidents can also have a significant emotional and psychological impact on victims and their families. Pedestrians who are injured in car accidents may suffer from anxiety, depression, and post-traumatic stress disorder (PTSD), which can make it difficult to resume normal activities and lead to long-term emotional distress.
Overall, pedestrian car accidents are incredibly dangerous and 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 important to seek the guidance of an experienced pedestrian car accidents attorney in New York who can help you navigate the legal process and obtain the compensation you deserve.Pursuing a Claim
By filling a personal injury, a victim of a pedestrian car accident may be eligible for several types of compensation, depending on the specific circumstances of the case. Compensation that may be available to a victim of a pedestrian car accident in New York includes economic compensation such as payment for all medical bills related to the accident, including emergency room visits, hospitalization, surgery, medication, rehabilitation, and ongoing treatment. Another type of economic loss that can be recouped are lost wages. If the victim is unable to work as a result of their injuries, they may be eligible for compensation to cover their lost wages or reduced earning capacity. In addition, if the victim's personal property, such as clothing or other items, was damaged or destroyed in the accident, they may be eligible for compensation to cover the cost of repair or replacement.
As for non-economic losses, victims may be entitled to pain and suffering compensation which is intended to compensate the victim for the physical and emotional pain and suffering they have experienced as a result of the accident. If the victim has suffered permanent injuries, they may be eligible for compensation to cover the cost of ongoing medical care, assistive devices, and other expenses related to their disability or disfigurement. In some cases, the court may award punitive damages to punish the at-fault driver for particularly reckless or egregious behavior.
It's important to note that the amount of compensation a victim may receive will depend on the specific details of their case, as well as the extent of their injuries and other losses. An experienced pedestrian car accident attorney in New York can help a victim evaluate their case and pursue the maximum compensation available under the law. If your loved one died in the accident, the decedent's personal representative may be able to pursue a wrongful death claim on behalf of his or her estate.What Is the Statute of Limitations for Filing a Pedestrian Car Accident Lawsuit in new York?
In New York, the statute of limitations for filing a pedestrian car accident lawsuit is three years from the date of the accident. This means that you have three years from the date of the accident to file a lawsuit against the driver or other parties responsible for the accident. It's important to note that the statute of limitations is a strict deadline, and if you do not file your lawsuit within that time frame, you may lose your right to seek compensation for your injuries and damages.Notable New York Pedestrian Car Accident Cases
Pedestrian car accidents can have devastating consequences, resulting in serious injuries or even death. Over the years, there have been several notable pedestrian car accident cases in New York that have drawn attention to the issue of pedestrian safety and led to changes in traffic laws and regulations. Here are four notable New York pedestrian car accident cases:
- Brescia v. G.F. Hämmerle, Inc., 7 N.Y.2d 544 (1960). The court held that a driver has a duty to exercise reasonable care in order to avoid hitting a pedestrian and that the driver must keep a proper lookout and take appropriate action to avoid a collision.
- Weininger v. Hackel, 6 N.Y.2d 67 (1959). The court held that a driver has a duty to use reasonable care to avoid colliding with a pedestrian, regardless of whether the pedestrian is walking on the sidewalk or crossing the street.
- Zuckerman v. City of New York, 49 N.Y.2d 557 (1980). The court held that a pedestrian who is crossing a street in a crosswalk with a green light has the right-of-way over cars and that drivers must exercise reasonable care to avoid hitting pedestrians in crosswalks.
- Stathis v. Leonardis, 72 N.Y.2d 517 (1988). The court held that a driver who has the right-of-way must still exercise reasonable care to avoid hitting a pedestrian who suddenly appears in the road.
Pedestrian car accidents are complicated. It is not always easy to determine fault. It is important that someone with experience to review all evidence including police reports, witness statements, accident scene photos, and medical reports to determine the events leading up to the accident and to establish fault. If you were injured in a pedestrian car an accident it is critical that you contact an experienced pedestrian accidents attorney serving New York who not only has experience handing car accidents, but is also familiar with the medical issues victims of such accidents experience. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve accident victims and their families in the following locations: Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Manhattan, Nassau County, and Queens.