In New York City, individuals hit by cars while legally traversing sidewalks, roadways, crosswalks, or parking lots may be entitled to compensation for physical harm. At the CEO Lawyer Personal Injury Law Firm, our team of pedestrian accident attorneys is well-versed in pedestrian rights laws and adept at navigating insurance claims, especially when insurers are reluctant to offer just compensation for injuries.A black and white image of a man in thick clothes crossing the road at a pedestrian crossing.

Victims of vehicle accidents, through no fault of their own, should not have to settle for insufficient offers from insurance companies, potentially forfeiting the total compensation they deserve.

If a negligent driver has seriously injured you or someone you care about, it’s crucial to seek legal support immediately. By contacting us at (516) 689-1132, you can enlist our advocacy and ensure the most favorable resolution for your case.

How Can a New York City Pedestrian Accident Attorney Help You?

Speaking with a knowledgeable pedestrian accident law firm might greatly improve your case’s chances if you consider pursuing compensation following a pedestrian accident in New York City. Here’s how a knowledgeable lawyer can help you:

  • Free Case Evaluation: The attorney will offer a comprehensive evaluation of your case at no cost and answer any questions you might have. This step is crucial for understanding the potential of your case and the legal pathways available.
  • Identifying Responsible Parties: A key aspect of building your case involves pinpointing who is at fault. This could be the driver involved in the accident, their employer if the accident occurred while the driver was working, or even a governmental entity if the cause was related to the design of the road or traffic control measures. Identifying all potentially liable parties is essential for a successful claim.
  • Evidence Management: The attorney will take steps to collect and safeguard evidence from the accident. This might include photos from the scene, witness statements, police reports, and any other documentation that can support your claim.
  • Documenting Injuries and Damages: Properly documenting your injuries, medical treatments, and related damages is critical. An attorney will ensure that all medical reports, bills, and evidence of other losses are accurately compiled to substantiate your claim.
  • Expert Consultations: Strengthening your case may require the input of experts. Attorneys often work with medical experts, accident reconstruction specialists, and other professionals to strengthen the evidence and arguments in their cases, enhancing their value.
  • Negotiation and Trial Preparedness: Finally, an expert attorney will not only negotiate with the opposing parties for a fair settlement but also be fully prepared to take your case to trial if necessary. This dual readiness ensures you are in a strong position to secure the compensation you deserve through a settlement or a court verdict.

A New York City pedestrian accident attorney can use their expertise and resources to traverse the complex legal framework on your behalf and secure maximum compensation for your injuries and losses.

Why Choose Our New York City Pedestrian Accident Law Firm?

Securing the right legal representation is crucial when you or someone close to you is involved in a pedestrian accident. This is where the CEO Lawyer Personal Injury Law Firm stands out in New York City.

Our firm is not just any legal team—we specialize exclusively in personal injury law, offering astounding proficiency and dedication to our clients. With years of experience, our New York City pedestrian accident lawyers have built a formidable reputation, achieving significant six- and seven-figure settlements and verdicts.

At the CEO Lawyer Personal Injury Law Firm, our approach stands out as unique and comprehensive. We boast a select team of highly accomplished litigators, including former judges, ensuring our legal strategies are grounded in profound legal insight and expertise.

A compassionate and dedicated team supports our attorneys and is committed to delivering the highest quality service and representation.

We collaborate with globally recognized experts in fields crucial to building strong cases, such as accident reconstruction and evaluating medical and financial issues. This strategic partnership allows us to construct compelling arguments and achieve outcomes that truly reflect the full extent of our client’s damages and losses.

Choosing the CEO Lawyer Personal Injury Law Firm means opting for a law firm that leaves no stone unturned in the quest for total and fair compensation for our clients. Our consistent commitment is to get the highest possible value for every case we take on.

How Compensation Works in New York Pedestrian Accident Cases

In New York, victims of pedestrian accidents are covered under the state’s “no-fault” insurance regulations, which offer a unique approach to seeking compensation. Here’s a simplified overview of how the process works:

  • A person injured in a pedestrian accident can initially claim benefits from the driver at fault’s insurance policy. This includes compensation for medical bills, lost earnings, and other necessary expenses. If the driver’s insurance includes additional coverage, it might also be accessible to pedestrians.
  • The “no-fault” system allows the injured pedestrian to claim benefits from their car insurance or that of a family member living in the same household at the time of the accident, should the at-fault driver’s insurance be unavailable or insufficient.
  • In scenarios where the driver responsible for the accident cannot be identified, such as in hit-and-run cases, or if the pedestrian is uninsured, they can file a claim with New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC).
  • Compensation can also be pursued from municipal or private entities responsible for infrastructure failures (e.g., potholes) that contributed to the accident.
  • Due to its complexity, managing the claim process after a pedestrian accident in New York can be daunting. A legal expert specializing in pedestrian accident cases can guide you through the process, help you understand the nuances of the law, and ensure that you adhere to the specific deadlines for filing claims.

Pedestrian Traffic Laws in NYC

In New York City, according to guidelines set by the Governor’s Safety Committee, pedestrians are advised to adhere to the following practices for their safety:

  1. Whenever possible, utilize sidewalks for walking. These are the safest spaces for pedestrians.
  2. In cases where sidewalks are absent, pedestrians should walk on the left side of the road, facing oncoming traffic. This increases visibility and safety.
  3. Pedestrians must follow all traffic signals and directives from traffic officers, ensuring they cross roads safely and at appropriate times.
  4. In the absence of crosswalks, traffic signals, or signs, pedestrians should yield to vehicles. This helps in preventing accidents.
  5. Wearing light-colored or reflective clothing is highly recommended for better visibility during night hours. This makes pedestrians more visible to drivers.
  6. Walking on expressways or interstate highways is strictly prohibited. These areas are hazardous due to fast-moving vehicles and are not designed for pedestrian traffic.

Furthermore, pedestrians have priority in crosswalks, and drivers are legally obligated to yield to them. Even if pedestrians do not have the right of way, drivers must exercise caution and reasonable care to avoid accidents involving pedestrians.

Available Damages in Pedestrian Accident Cases

Eligible compensation in pedestrian accident cases varies based on the severity of the damages. Obtaining a legal assessment of your injuries can provide insight into the potential compensation for your case.

The categories of compensation remain consistent in New York, and injured pedestrians in New York City might qualify for:

  • Pain and Suffering: Compensation for non-economic pain and suffering could amount significantly, especially in severe injuries. However, it’s important to note that uninsured motorist insurance often excludes pain and suffering compensation, potentially affecting eligibility for those relying on such coverage.
  • Medical Expenses: Compensation typically covers current and future medical expenses related to the accident. This includes hospitalization, ambulance services, medical devices, consultations, medication, treatment procedures, and ongoing medical care for the injured pedestrian.
  • Lost Wages: Pedestrian accidents frequently result in the victim needing time off work for recovery, with injuries like broken bones necessitating multiple medical appointments and extended periods of immobilization. Victims can seek compensation for lost wages during their recovery period.
  • Punitive Damages: In instances where the driver’s actions in New York City were particularly reckless or negligent, such as driving under the influence or aggressive driving, courts may impose punitive damages as a deterrent against such misconduct.

The effectiveness of your attorney in negotiating can significantly influence the compensation amount for a pedestrian accident claim. The CEO Lawyer Personal Injury Law Firm boasts a good record of securing favorable outcomes for clients in New York City.

Our team is ready to diligently handle your claim from the outset, including determining the accident cause, insurance coverage details, and the at-fault party’s insurance status. We are prepared to manage your personal injury claim, engage with insurance companies, and pursue courtroom proceedings if necessary to ensure you receive the compensation you deserve.

Who Is Responsible for a Pedestrian Accident?

Determining liability in pedestrian accidents hinges on the specifics of each incident. Generally, drivers who adhere to traffic regulations and roadway rules are not deemed at fault for pedestrian accidents, particularly when pedestrians breach traffic laws.

Nonetheless, a driver’s negligent actions can render them liable in pedestrian accident cases. Such negligence includes reckless driving, distraction, aggression on the road, or driving while impaired by drugs or alcohol.

In these scenarios, the driver is typically held accountable for the accident.

Pedestrians, on their part, are expected to comply with traffic laws. It’s illegal to cross roads without a crosswalk, and recklessly crossing in front of an approaching vehicle that cannot stop in time is against the law, including under New York City’s traffic regulations.

Each pedestrian accident incident is unique, with its facts and context. A specialized pedestrian accident attorney in New York City can assist in assessing fault and determining liability.

What Is the New York City Statute of Limitations for Pedestrian Accidents?

In New York City, those injured in pedestrian accidents have a three-year window from the accident date to initiate a personal injury lawsuit. Prompt action is highly recommended.

Delay can lead to forgotten details and lost witnesses, complicating the case. An experienced NYC pedestrian accident attorney can gather the necessary evidence and handle negotiations with insurance companies.

Postponing legal proceedings is crucial to avoid jeopardizing your claim.

What Causes Pedestrian Accidents in New York City?

The 2023 Pedestrian Safety Study released by New York City highlighted several key factors contributing to pedestrian accidents, offering insights into the dynamics of urban traffic safety. Here’s a concise overview of the study’s findings on the causes of pedestrian accidents in New York City:

Driver Inattention: A Primary Cause

Driver distraction is the leading cause of pedestrian accidents, accounting for 36% of such incidents. The widespread use of cell phones and other technology heightens the risks of not paying attention to the road.

Failure to Yield: A Significant Issue

Despite the abundance of crosswalks and pedestrian zones in New York City, many drivers need to give the right of way to pedestrians. This problem is notably worse in New York City than in other parts of the country, with 27% of pedestrian accidents involving a driver’s failure to yield.

The underlying reasons for this may include drivers’ unfamiliarity with or disregard for right-of-way laws.

Crossing Against the Signal: Increasing Fatalities

Pedestrians often decide to cross streets against the traffic signal, a risky behavior that makes accidents 56% more likely to result in death. This increased fatality rate is attributed to the greater impact force when drivers traveling at typical speeds collide with pedestrians.

Left Turns: A Hazardous Maneuver

Making left turns poses a unique danger to pedestrians. The design of many vehicles includes structural pillars that can obstruct the driver’s view of pedestrians, particularly during left turns.

Consequently, accidents involving left turns are three times more common than those involving right turns. This study emphasizes the critical need for drivers and pedestrians to be more aware of and adhere to traffic safety laws to reduce the incidence of accidents in urban environments like New York City.

Call Our NYC Pedestrian Accident Lawyers For Help

You’ve got enough to think about right now without the added stress of a lawsuit. Let the legal team at the CEO Lawyer Personal Injury Law Firm help you.

Our passionate NYC personal injury attorneys will aggressively pursue monetary damages on your behalf. We will do everything possible to get you the money you need and deserve.

Contact us today at (516) 689-1132 to schedule your free consultation and get started on your case.

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Frequently Asked Questions

Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

What Is My Personal Injury Case Worth?

The value of your case depends on several factors, including the severity of your injuries, medical expenses, lost wages, and the impact on your life. Each personal injury case is unique, and the combination of these factors varies from one case to another. An experienced personal injury lawyer can provide you with a more precise estimate of your case’s value by reviewing the specific details of your situation. They will analyze similar cases in your jurisdiction, consider the legal precedents, and use their knowledge of past settlements and verdicts to gauge a realistic potential outcome for your case. This estimate helps you understand what you might expect regarding compensation and guides the negotiation or litigation process to ensure you receive a fair settlement.

What Should I Do Immediately After an Accident?

After an accident, seek medical attention immediately, even if you feel fine, to address any hidden injuries. Document everything, including photos of the scene and contact information for witnesses. Gathering witness statements is crucial because they provide an objective account of the accident, supporting your version of events and strengthening your personal injury claim. Report the incident to the proper authorities, such as the police or property owner. Finally, contact a personal injury lawyer as soon as possible to discuss your legal options and protect your rights, ensuring you receive fair compensation for your injuries.

How Much Will a Personal Injury Lawyer Cost?

Most personal injury lawyers operate on a contingency fee basis, which means that you don’t have to pay any upfront fees or hourly rates. Instead, the lawyer’s payment is contingent upon the outcome of your case. If you win your case, whether through a settlement or a court judgment, the lawyer will receive a percentage of the compensation awarded to you. If you don't win your case, you usually won’t owe the lawyer any fees for their services.

How Long Will It Take to Resolve My Personal Injury Case?

The timeline for resolving a personal injury case can vary significantly based on a variety of factors, making it difficult to predict exactly how long your case will take. The complexity of the case is a major determining factor. For instance, straightforward cases with clear liability and minimal disputes over damages can sometimes be resolved relatively quickly, often within a few months. These cases may involve negotiating a fair settlement with the insurance company, which can happen promptly if all parties are cooperative and the evidence is strong.