Walking in a busy city like New York can be dangerous, especially when drivers fail to follow traffic laws. Every year, thousands of pedestrians are injured or killed in accidents involving motor vehicles. If you or a loved one has been hit by a car, bus, or other vehicle, you may have the right to seek compensation for medical bills, lost wages, and pain and suffering. Pedestrian injury accident attorneys in New York specialize in helping victims get the justice they deserve.
This guide will cover New York pedestrian laws, common accident causes, what to do after an accident, and how an attorney can help you build a strong case.
New York Pedestrian Laws and Your Legal Rights
New York has strict traffic laws to protect pedestrians and establish driver responsibilities. Knowing these laws can help accident victims understand their legal options.
Right-of-Way Laws for Pedestrians in New York
Crosswalk laws – In New York, pedestrians have the right-of-way at marked and unmarked crosswalks when the traffic signal allows them to cross.
Jaywalking rules – Crossing outside of a designated crosswalk is illegal and can affect an accident claim.
Traffic signal compliance – Pedestrians must obey "Walk" and "Don't Walk" signals. A pedestrian crossing on a red light may share some fault.
School zones and pedestrian safety – Drivers must slow down and yield to pedestrians in school zones and areas with crossing guards.
Drivers who fail to yield, speed, or drive distracted can face serious legal consequences if they hit a pedestrian.
Common Causes of Pedestrian Accidents in New York
Pedestrian accidents often result from driver negligence, poor road conditions, or reckless pedestrian behavior. Below are some of the most common causes:
1. Distracted Driving
Drivers who text, talk on the phone, or adjust their GPS often fail to notice pedestrians in crosswalks.
2. Speeding
A speeding car reduces reaction time, making it harder for a driver to stop for pedestrians.
3. Running Red Lights or Stop Signs
Some drivers ignore traffic signals or stop signs, putting pedestrians at serious risk.
4. Drunk or Impaired Driving
Alcohol and drug use impair judgment and slow reaction time, increasing the likelihood of pedestrian accidents.
5. Poor Weather and Low Visibility
Rain, snow, or fog can make it harder for drivers to see pedestrians, especially at night.
6. Left-Turn Accidents
Drivers making left turns at intersections often fail to check for pedestrians in the crosswalk.
If you've been hit by a car due to driver negligence, a New York pedestrian accident attorney can help you hold the responsible party accountable.
Types of Injuries in Pedestrian Accidents
Because pedestrians lack protection, injuries from car accidents are often severe. Some common injuries include:
1. Traumatic Brain Injuries (TBI)
Head injuries can lead to memory loss, cognitive issues, and permanent disabilities.
2. Broken Bones and Fractures
Fractured legs, arms, ribs, and pelvis are common in pedestrian accidents.
3. Spinal Cord Injuries
Damage to the spine can result in paralysis, chronic pain, and long-term mobility issues.
4. Internal Injuries
The impact of a vehicle can cause internal bleeding and organ damage, which may not be immediately noticeable.
5. Lacerations and Soft Tissue Damage
Deep cuts and torn ligaments may require surgery and physical therapy to heal properly.
Severe injuries can require lifelong medical care, making financial compensation critical for recovery.
What to Do After a Pedestrian Accident in New York
Taking the right steps after an accident can protect your legal rights and help you build a strong case.
Step 1: Seek Medical Help
Even if you don’t feel hurt right away, see a doctor. Internal injuries may not show symptoms immediately.
Step 2: Call the Police
Report the accident so that law enforcement can file an official report. This document is critical for proving fault.
Step 3: Gather Evidence
Take photos of the accident scene, injuries, and vehicle involved.
Get witness contact information in case statements are needed later.
Obtain the driver's name, license plate number, and insurance details.
Step 4: Do Not Admit Fault
Even if you think you may have contributed to the accident, do not admit fault. Let an attorney review the case first.
Step 5: Contact a Pedestrian Accident Attorney
A lawyer will help you file a claim, negotiate with insurance companies, and fight for full compensation.
How a Pedestrian Accident Attorney Can Help
Hiring a New York pedestrian accident attorney can make a big difference in your case. Here’s how they can help:
1. Investigating the Accident
Attorneys gather police reports, security footage, and witness statements to build a strong case.
2. Proving Liability
A lawyer will determine whether the driver, a municipality (for dangerous roads), or another party is responsible.
3. Negotiating with Insurance Companies
Insurance adjusters often offer low settlements. A lawyer fights for the full compensation you deserve.
4. Filing a Lawsuit If Necessary
If a fair settlement isn't reached, your lawyer can take the case to court.
Hiring the right pedestrian accident attorney ensures that you are not taken advantage of by insurance companies.
Compensation Available for Pedestrian Accident Victims
Victims of pedestrian accidents may be eligible for several types of compensation, including:
1. Medical Expenses
Covers hospital bills, surgeries, medication, therapy, and long-term care costs.
2. Lost Wages and Future Earnings
If injuries prevent you from working, you can receive compensation for lost income.
3. Pain and Suffering
Covers physical pain, emotional distress, and reduced quality of life.
4. Disability and Rehabilitation
If you suffer from permanent disabilities, you may receive funds for assistive devices, therapy, and home modifications.
5. Wrongful Death Claims
Families who lose a loved one in a pedestrian accident can file a wrongful death lawsuit for funeral costs and lost financial support.
The amount of compensation varies based on the severity of injuries and accident details.
Time Limits for Filing a Pedestrian Accident Claim in New York
New York law requires that personal injury lawsuits be filed within three years of the accident.
If the accident involved a government entity (such as unsafe roads), a notice of claim must be filed within 90 days.
To ensure you don’t miss deadlines, speak with a pedestrian accident lawyer as soon as possible.
Choosing the Best Pedestrian Injury Attorney in New York
Not all lawyers specialize in pedestrian accident cases. When choosing a lawyer, look for:
Experience in personal injury law – Choose an attorney who specializes in pedestrian accident cases.
Proven success – Look for attorneys with a strong track record of winning cases.
Trial experience – If needed, your lawyer should be prepared to take the case to court.
Free consultation – Many law firms offer free case evaluations to discuss your options.
Having an experienced lawyer greatly increases your chances of winning fair compensation.
FINAL THOUGHTS
Pedestrian accidents can cause life-changing injuries, but an experienced attorney can help you recover the compensation you deserve. Whether dealing with medical bills, lost income, or permanent disabilities, a lawyer will fight for your rights.
If you or a loved one has been injured in a pedestrian accident in New York, don’t wait—contact a trusted pedestrian accident attorney today to explore your legal options.
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