NYC Pedestrian Accident Lawyers
New York is a city of walkers. Unfortunately, drivers of taxicabs, cars, trucks and city buses don’t always observe crosswalks and fail to yield the right of way to pedestrians. Pedestrian accidents are among the most common traffic accidents in NYC. Statistics reveal that in one especially hard year for pedestrian accidents, more than 15,000 New York pedestrians survived a collision with a motor vehicle; another 312 people tragically lost their lives.
With thousands of tourists in Manhattan on any given day, pedestrian knockdowns are not uncommon in Times Square, Washington Square, Harlem and the Lower East Side. If you or a loved one was hit by a car while walking in New York, our pedestrian accident lawyers can help. We offer free case evaluations. Contact us today.
Were You Hit By A Car While Running Or Jogging?
Recreational runners and joggers have the same legal rights as pedestrians who are walking at a more leisurely pace. While a motorist may try to use the runner’s speed on foot to avoid liability and financial responsibility, an injured runner or jogger (or their next of kin) should work with an accomplished personal injury attorney to pursue all avenues of recovery and compensation.
At the law office of Tolmage, Peskin, Harris, Falick, our New York pedestrian accident attorneys work closely with investigators to track down eyewitnesses, collect evidence, and reconstruct what happened in bicycle and pedestrian knockdown accidents. Call us at 866-502-9091 to learn how we can help after a pedestrian accident.
If necessary, we will consult medical experts to verify the extent and nature of your injuries, undermining claims on the part of no-fault insurance doctors attempting to downplay their severity.
Were You Hit By A Car While Crossing The Street?
When the police and legal authorities review the facts of your case, they will be interested in answers to questions such as these:
- Was the walker or jogger in a crosswalk?
- Did the walker or jogger cross the street legally?
- Did the driver of a motor vehicle that collided with the pedestrian exercise proper caution?
If you were struck as a pedestrian while crossing the street, regardless of the circumstances, you need prompt legal counsel to protect your rights. A skilled NY City pedestrian accident attorney can help you pursue the best outcome: namely, proper compensation if you were injured.
Protect Yourself After A NYC Pedestrian Accident
Most insurers are eager to settle a case as soon as possible after a pedestrian accident, before the full scope of an injury is clear. This allows them to often settle claims for less than they are worth. Sometimes they delay, hoping that the injured person will just give up. At Tolmage, Peskin, Harris, Falick, our attorneys will handle all communication between you and a claims adjuster to ensure that you aren’t taken advantage of or misled into accepting a low settlement offer.
Most Dangerous Intersections In New York City
Although things change rapidly in New York City, it is possible to identify some of the intersections where pedestrians are most likely to be injured. According to the New York City Department of Transportation (NYC DOT), they are:
- East 170th Street and the Grand Concourse in the Bronx
- West 40th Street and 8th Avenue in Manhattan
- Bowery and Canal Street at the Manhattan Bridge approach in Manhattan
- Utica Avenue and Eastern Parkway in Brooklyn
- 27th Street and Queens Plaza in Queens
- Hylan and Jefferson avenues in Staten Island
Other locations in New York City are also dangerous. No borough is immune from the problem of pedestrian injuries and deaths.
What To Do If You Are Hit By A Car, As A Pedestrian, In New York City?
The lawyers at Tolmage, Peskin, Harris, Falick answer common questions concerning pedestrian accidents in New York. If you’d like a FREE consultation with one of our attorneys, call 866-502-9091 for prompt legal help. Listed below are answers to some frequently asked pedestrian accident questions.
Pedestrian Accident FAQ
What are the main causes of pedestrian accidents?
The following scenarios are common in pedestrian accident cases:
- Distracted driving is an increasingly huge cause of pedestrian accidents in New York.
- Other accidents occur when a first driver sees the pedestrian and yields, but another driver does not yield and hits the person on foot.
- In other situations, the driver turns without checking the crosswalk for pedestrians.
- Pedestrian accidents also occur in parking lots and driveways where cars are backing up.
What should I do after a pedestrian accident?
Anyone who has been involved in a pedestrian accident should take these actions if possible:
- Protect the injured pedestrian in any possible practical ways.
- Call 911.
- Help the pedestrian get medical evaluation and any needed emergency treatment.
- Exchange basic information, if possible (such as the driver’s and the pedestrian’s name, phone number and insurance company).
- Make no statement to first responders or anyone else about fault or opinions about how the accident happened.
- Get witnesses’ names and contact information, if possible.
- Gather any other relevant evidence, such as photos and license plate numbers, if possible
Assuming you were the pedestrian or a close family of the pedestrian, you should get legal advice as well as prompt medical evaluation to protect your right to recover compensation. If you were the driver of a car or another vehicle that struck a pedestrian, you need legal advice, too.
Why do I need legal help after a pedestrian accident?
There are many reasons why you need an experienced personal injury lawyer after being injured as a pedestrian. Consulting an experienced New York City pedestrian accident lawyer is an important step to holding the at-fault party responsible for the harm caused by their negligence. If you have been injured, contact our firm today at 866-502-9091 for a FREE case evaluation, where we will confidently assess the possibilities of your case. We have been helping injured tourists and New Yorkers for over 50 years.
A car hit me and knocked me down. What should I do?
A quick checklist of things to do after a pedestrian accident:
- Write down as much information as possible about the accident.
- If helpful accident witnesses are available, get their contact info.
- Gather and preserve evidence. This could be anything helpful: photos or videos at the scene of the accident, the torn and bloody clothing you were wearing, or a medical journal detailing your physical injuries and pain.
- Get medical treatment. This is important for your well-being and to document the physical trauma you have suffered.
- Contact an experienced injury attorney to immediately begin protecting your legal rights.
Is a pedestrian accident treated like a normal auto collision?
A pedestrian accident should not be treated the same as a crash between motor vehicles. A pedestrian is 10 times more likely to die in a collision than a motor vehicle driver or passenger. The injuries are often catastrophic and require more financial resources for the victim to recover or resume life as normally as possible.
Injured pedestrians are covered under New York no-fault law and can obtain compensation for medical expenses and lost wages. However, New York no-fault law only protects for medical expenses and a portion of lost wages up to $50,000, a small amount when you consider the cost of hospitalization and medical treatment in New York.
This is why a pedestrian accident lawsuit is often necessary to put the financial burden on the shoulders of the at-fault party.
What money damages are recoverable in a pedestrian accident?
The goal of New York’s civil justice system is to place the entire financial burden of an injury or death on the negligent party. Things an injured pedestrian is normally compensated for include:
- Medical bills not covered by insurance
- Cost of rehabilitation not covered by insurance
- Resulting disability
- Lost wages not covered by insurance
- Pain and suffering
Additional damages may be available depending on the unique circumstances of the case. In some instances, loss of enjoyment of life or loss of consortium may apply and entitle the victim to further compensation.
I was injured in a hit-and-run. What should I do?
Notify the police. The police must arrive at the scene, investigate and create a report. Provide as much information as possible about the vehicle, make, model, color and license plate.
You must file a notice of claim with the New York State Motor Vehicle Accident Indemnification Corporation (MVAIC). MVAIC affords a seriously injured person with an opportunity to collect no-fault insurance (up to $50,000) and a maximum of $25,000 for bodily injury coverage.
The MVAIC is very difficult to process a claim through. Even when a hit-and-run victim suffers serious injuries, MVAIC will often deny or grossly undervalue the claim. Lots of documentation must be provided, including the police report. Ensure that your attorney is experienced with MVAIC claims.
I was hit by a car, but I don’t think I suffered major injuries. Do I need to see the doctor and contact a pedestrian accident lawyer?
Yes. It is common for severe injuries to first manifest hours or days after the accident. Inflammation/swelling can create a lot of pain and cause the victim to seek bed rest. You need to get checked out by a physician.
A New York City pedestrian accident attorney will help you protect your legal rights, such as negotiating with the insurance company or filing a timely lawsuit. Studies have shown that accident victims represented by lawyers recover approximately 40% more money than those who try to go it alone.