Pedestrian Accidents

New York City Pedestrian Accident Lawyers

In 2013, over 16,000 motor vehicles collided with pedestrians, resulting in 343 fatalities. It’s obvious that the consequences can be devastating ~ long-term pain and suffering, both physical and emotional, mounting medical bills, lost wages, loss of pension, annuities, vacation and sick pay, not to mention the stress it places on you and your entire family.

Pedestrian Accidents Are Usually Caused by Driver Error

According to the New York State Department of Motor Vehicles, the most prominent cause of car vs. pedestrian accidents is driver inattention or distraction, comprising 24.1% of all pedestrian accidents. This is followed closely at 22.7% by failure to yield the right of way.

Every driver has a responsibility to exercise due care under the circumstances. This includes paying attention, driving defensively, watching the roadway at all times, and making timely use of their horn, brakes, and/or steering wheel. By law, drivers have an obligation to avoid hitting a pedestrian, especially when the person is in a crosswalk or, as we call it, the “Safety Zone.” Many other common driving errors are the cause for pedestrian vehicle accidents. Some of these errors include:

  • Driving at an unsafe speed
  • Disregarding a crosswalk
  • Disregarding a traffic control device
  • Use of a cell phone or texting while driving
  • Driving while intoxicated or on drugs
  • Passing a stopped school bus
  • Driving too closely to pedestrians, runners, or bicyclists

Despite these figures, pedestrian accidents can also be the fault of the pedestrian. The DOT reports that 22.7% of vehicle vs. pedestrian crashes occur due to pedestrian error or confusion. For this reason, it is important for pedestrians to understand the rules of the road, as well as their own duties and responsibilities when it comes to walking the streets of New York.

Pedestrians Also Owe a Duty of Care

If you have been hit by a vehicle while walking in New York, to make a successful claim, you must show that you did not violate your duty of care. As a pedestrian, you have a duty to exercise reasonable care for your own safety. This care must be proportionate to the danger involved and you should be able to reasonably anticipate the consequences of your actions.

Some common ways that pedestrians fail to uphold their duty is by:

  • Crossing against the walk sign in an intersection
  • Failing to use crosswalks
  • Entering the flow of traffic without warning
  • Entering the roadway while talking, texting, or wearing headphones

If you think that you may have contributed to your injuries due to your own negligence, don’t write off any chance of recovery. Contact the New York pedestrian injury attorneys at Schwartzapfel® Lawyers, P.C. so they can assess whether you have a claim for your injuries.

Types of Damages Injured Pedestrians May Claim

Pedestrians injured by the driver of a motor vehicle and their families may be able to recover damages for:

  • Pain and suffering
  • Medical expenses
  • Lost wages
  • Economic losses resulting from the pedestrian’s death
  • Punitive Damages for extreme misconduct

Important Steps You Should Take to Protect Yourself

The minutes after any accident can be critical in determining the success of a case. We understand that when you’re injured in a pedestrian accident, things can be terribly confusing. Take a moment to breath, and then make sure that you follow these important steps:

  • DO call 911 for police and medical assistance for yourself and others.
  • DO NOT admit fault or guilt.
  • DO NOT sign anything.
  • DO NOT give ANY statements or talk ANY insurance company or representative before you get legal advice.
  • DO get the names, addresses, and, phone numbers of witnesses.
  • DO photograph the accident scene, vehicle damage, and any visible injuries with your cell phone.
  • DO go to the emergency room if you suffered ANY injury and give all of your complaints.
  • Call us now. 1-877-737-4806

See Why We’re The Best

The pedestrian accident injury attorneys at Schwartzapfel® Lawyers, P.C. have handled 1,000’s of accident cases involving all types of legal matters and we are proud of our 98% success rate. Our experienced team of New York lawyers help those individuals with serious injuries or those who have lost a loved one in a pedestrian car crash get the money and benefits they deserve. Our pedestrian accident attorneys are highly credentialed and well qualified to get you the money you deserve. If you or a loved one have been injured in a pedestrian accident, please call us at 1-877-737-4806 or contact us online. We will fight for you.

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