Pedestrian Accident Lawyer Long Island
Getting into an accident — any accident — can have devastating long term effects on your health, your income, and your quality of life. But if you’re a pedestrian and you’ve been struck by a car, truck, or another vehicle, it’s very likely that you have suffered some level of injury. Drivers on the New York roadways have a legal and social obligation to protect the lives of individuals on foot and riding bicycles. When they fail to use due caution, the victim shouldn’t have to pay. The Harrison Law Group seeks compensation for Long Island accident victims, including pedestrians who’ve been struck by vehicles. If you’ve been in an accident, contact us for a free consultation.
How common are pedestrian accidents?
The state of New York may have higher pedestrian accident numbers than most other states. As is the case with so many other things, the massive population of greater New York City with its dense pedestrian traffic, inflates our numbers. According to the New York State Department of Health, in a three-year period, there were 312 deaths in the state from traffic-related pedestrian injuries. That’s 1.6 for every 100,000 people. Additionally, NY pedestrian accidents resulted in 3,027 hospitalizations and 12,506 emergency room visits. Unarguably, this is a huge source of injuries for the population of New York.
Compensation for Pedestrian Accident Victims
Whether it’s a car, motorcycle, commercial truck, or a city bus, motor vehicles and their drivers require insurance. That’s not the case, however, with pedestrians and bicyclists. If you’re injured in an accident with a vehicle, the driver’s or owner’s (if it’s owned by another person or company) is responsible for your damages.
If you’re a pedestrian who’s been struck by a vehicle on Long Island or anywhere else in New York, you are entitled to compensation from the responsible party or their insurer. As Long Island pedestrian accident lawyers, The Harrison Law Group can help get you compensation for your medical bills, lost wages, recovery expenses, and pain and suffering. These are the types of compensation that we seek:
These are the dollar costs associated with any accident injury. They start with things like your emergency room bill, ambulance fees, hospitalization, surgery, scans, tests, medications, and anything else that immediately resulted from the accident. Economic damages also include non-medical losses, like lost wages from missing work, property damage, and the cost of rehabilitating you if you can’t return to your job without training.
No pedestrian wants to be involved in an accident with a vehicle. At the very best, it’s an inconvenience, but in most cases, it’s painful and disrupts your quality of life, or worse. Pain and suffering is a catchall term that includes physical pain, mental anguish, loss of capacity, etc. These items are much more difficult to attach a dollar value to, but a personal injury attorney knows what is likely to be an acceptable amount.
What to Do After A Pedestrian Accident in Long Island
In many cases, the victim is too hurt or incapacitated to do anything but wait until emergency services arrive. If you’re injured or think you’re injured, the following steps can help you avoid danger and preserve evidence for any claim that you may make.
- Tend to your safety first – That means moving out of the roadway to a safe area if you’re able to. If other people are injured only assist when it’s safe to do so.
- Copy of photograph the license plate – It’s not uncommon for an at-fault driver to stop, make sure you’re relatively unhurt, and then get in their vehicle and leave. This is a hit-and-run. Having the description of the vehicle and driver will make it easier to bring them to justice and hold their insurer financially accountable.
- Call 911 – You will need police and rescue workers to respond to the scene. The dispatcher will want to know your location, direction of travel, description of the vehicle(s) involved, and any known injuries.
- Talk to witnesses – Many people don’t want to get involved. Having even a short conversation with witnesses humanizes the incident. If possible, ask for their contact information.
- Video or photograph the scene – Visual evidence is very helpful when pursuing a personal injury claim. Photograph and record the street, the vehicle(s), and your injuries.
- Allow rescue workers to examine you – This will not hurt your case. If they want to transport you to the hospital, allow them to. If they don’t, follow up with your doctor as early as possible.
- Admit that you were at fault – The police can conduct an investigation and determine fault.
- Accept payment from an insurance company – Many insurance companies want to settle quickly. They’ll offer you a fast settlement in exchange for you signing a waiver. Don’t accept payment until you speak to a Long Island personal injury lawyer.
Why Should I Call a Lawyer After an NYC Pedestrian Accident?
Being injured in a pedestrian accident is overwhelming, and it can be a traumatic experience. Knowing what to do after a pedestrian accident is difficult. When pedestrians are struck by motor vehicles, they often suffer incredibly debilitating and painful injuries. These injuries typically require extensive and expensive medical treatment.
When a victim has to go into rehabilitation, it can take months to get back to their everyday life. For some, such as those who suffered traumatic brain injuries or spinal cord injuries, they will never be able to return to their old “normal.” These pedestrian accident victims may face a lifetime of disability after being struck by a vehicle.
Working with an experienced personal injury lawyer can help level the playing field. The skilled personal injury team at Harrison Law Group will give you the edge you need to seek the compensation you deserve. Our personal injury lawyers are fierce advocates and work diligently to fight for a client’s rights. When you work with our legal team, we will:
- Negotiate aggressively with insurance companies, forcing them to take your pedestrian injury claims seriously
- Thoroughly investigate your pedestrian accident to determine what happened and who was at fault
- Seek compensation you deserve from every liable party
- Protect you when other parties try to blame you for your injuries
- Consult with leading New York City pedestrian injury experts to determine the value of your case
Common Causes of NYC Pedestrian Accidents
Historically, pedestrians have had a difficult time walking New York City streets safely. Multiple factors contribute to pedestrian accidents in New York City. City drivers are often responsible for injury-causing pedestrian accidents. Sadly, every year, pedestrians die in totally preventable accidents caused by drivers’ negligence. Some of the leading causes of pedestrian accidents in New York City include the following:
- Distracted driving from texting, talking on a cellphone, watching videos, or not focusing on the road ahead
- Aggressive New York City drivers eager to get through an intersection when the light changes from yellow to red
- Drivers who make illegal or unsafe U-turns at intersections
- Failure to yield the right-of-way to pedestrians
- Fatigued drivers
- Drivers who are driving under the influence of alcohol or drugs
Determining Liability After a Pedestrian Accident
To obtain compensation through an insurance claim or a personal injury lawsuit, you must prove that the defendant’s negligence or recklessness caused the accident. Under New York law, any person or company who contributed to your pedestrian accident could be financially liable for your injuries and damages.
We will conduct a thorough investigation into your accident to identify all of the people who could be at fault. In some cases, one negligent driver is financially responsible. In other cases, the victim may sue multiple parties, including the employer of the negligent driver. Depending on the facts in your case, you may be able to seek compensation from the following parties:
- Bus driver
- The driver of a passenger vehicle
- Transit company
- The employer of a negligent third-party
- Moped or electric scooter operator
- Manufacturer of a defective vehicle or product, or
- Government agency
Damages Available in NYC Pedestrian Accidents
What happens if the insurance company or defendant tries to blame you for the pedestrian accident? It is true that pedestrians are responsible for some motor vehicle accidents. They may be texting while walking or talking on a cell phone when they absent-mindedly walk into a vehicle. However, just because some pedestrians cause accidents does not mean that you are at fault for your accident or cannot recover compensation.
New York is a comparative negligence state. As a result, everyone who shares the blame for an accident will be held proportionately liable. If you are partially at fault for the accident, you will not be barred from recovering compensation. Instead, the court will reduce your damages by the percentage of fault that you have been allocated. Suppose the court determines that you were 20% at fault for the pedestrian accident. You are awarded $500,000 in damages. In that case, your damages would be reduced by 20%, and you would take home $400,000. Even if you think you may have been partially at fault for your pedestrian accident, it is worth taking the time to discuss your case with an experienced lawyer. You do not want to miss out on the opportunity to obtain the compensation you deserve.
How Long Do I Have to Seek Compensation?
In New York State, victims of personal injury accidents, including pedestrian accidents, only have three years to file a lawsuit. You must file your lawsuit within three years of the date of your accident. Otherwise, you will lose the right to seek compensation by filing a personal injury lawsuit. Pedestrian accidents often require a significant amount of investigation and preparatory work . The sooner you discuss your case with a lawyer, the more time your lawyer will have to investigate and prepare a compelling legal strategy on your behalf.
At Harrison Law Group, your first consultation is free, so you can focus on discussing your case with one of our experienced lawyers without the pressure of payment. Additionally, we do not charge our clients legal fees until we obtain compensation for them through an insurance claim or personal injury settlement or verdict.
Frequently Asked Questions About Pedestrian Accidents
As pedestrian accident lawyers on Long Island, The Harrison Law Group knows the questions and concerns of its clients. Here are some of the most common:
Personal injury law firms like The Harrison Law Group don’t charge the client. They work on a contingency fee and collect their payment when they win or settle the claim. There are no out-of-pocket costs for you.
In most cases, the statute of limitations in the state of New York is three years from the time of the accident. Don’t delay, however. Older cases can be more difficult to prove as evidence is lost.
Unlike many other states, New York does not cap victim compensation.
Contact a Pedestrian Accident Lawyer in Long Island Today
If you’ve been injured while walking or riding a bicycle, we can help you get compensation for your injuries. Contact the experienced and proven trial attorneys at The Harrison Law Group today.