Injured By A Negligent Driver While Walking In The Bronx, NY?
Our Bronx pedestrian accident lawyers at Davidoff Law are ready to fight for you. If you have been injured in a pedestrian accident, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and other damages. We can help you get the compensation you deserve.
Understanding Pedestrian Accidents in New York
A pedestrian accident refers to a situation where a person who is walking or otherwise on foot is involved in a collision or incident with a motor vehicle. These accidents can result in varying degrees of injury or even death for the pedestrian, depending on the circumstances and the severity of the collision. Pedestrian accidents are a significant concern for public safety, and understanding their common causes can help mitigate the risks.
Here are some common causes of pedestrian accidents involving motor vehicles:
- Distracted Driving: One of the leading causes of pedestrian accidents is distracted driving. When drivers divert their attention from the road to use their smartphones, adjust the radio, eat, or engage in other distractions, they may not see pedestrians in their path.
- Speeding: Speeding reduces a driver's reaction time and the distance needed to stop a vehicle. When drivers exceed the speed limit or drive too fast for road conditions, they may not be able to stop in time to avoid hitting a pedestrian.
- Failure to Yield: Drivers have a legal obligation to yield the right of way to pedestrians at crosswalks and intersections. Accidents can occur when drivers fail to yield to pedestrians in these areas.
- Impaired Driving: Alcohol and drugs impair a driver's judgment, coordination, and reaction times. Impaired drivers are more likely to be involved in accidents with pedestrians.
- Reckless or Aggressive Driving: Aggressive driving behaviors, such as running red lights, making unsafe lane changes, and tailgating, increase the risk of accidents involving pedestrians.
- Poor Visibility: Pedestrian accidents are more likely to happen in low-light conditions, such as nighttime or adverse weather (e.g., heavy rain, fog) when visibility is reduced. Pedestrians may be harder for drivers to see, and vice versa.
- Failing to Stop for School Buses: Drivers who do not stop for school buses when children are boarding or exiting are a serious risk to pedestrians, particularly schoolchildren.
- Backing Up Without Checking: Some pedestrian accidents occur when drivers back up their vehicles without checking their blind spots or using rearview mirrors. This can be especially dangerous in parking lots and driveways.
- Right Turns on Red Lights: In places where right turns on red are allowed, some drivers may not properly check for pedestrians in the crosswalk before making their turn, leading to accidents.
- Inadequate Signage and Infrastructure: Poorly designed or maintained crosswalks, lack of pedestrian signals, and insufficient signage can contribute to accidents by creating confusion for both drivers and pedestrians.
- Jaywalking: Pedestrian accidents can occur when pedestrians cross roads illegally, such as jaywalking or crossing outside of designated crosswalks, without regard for oncoming traffic.
- Driver Fatigue: Fatigued drivers have reduced alertness and reaction times, increasing the risk of accidents involving pedestrians.
No-Fault Accident Laws in New York
In New York, pedestrian accident claims may also involve the state's no-fault insurance system. Under this system, you typically need to file a claim with your own insurance company first to cover medical expenses and lost wages, regardless of who was at fault. However, if your injuries meet certain thresholds, you may be able to pursue a liability claim against the at-fault driver.
Additionally, New York follows a comparative negligence system, which means that if you, as the pedestrian, are found to share some degree of fault for the accident, your compensation may be reduced accordingly. However, you can still seek compensation as long as you are not found to be more than 50% at fault. Your award will be reduced by your percentage of fault.
What to Do After a Pedestrian Accident
After a pedestrian accident, you may be physically and emotionally overwhelmed. You may not know where to turn for help. Our Bronx pedestrian accident attorneys can help.
We can assist you with all aspects of your case and can help you get the compensation you deserve. When you call our office, we will immediately begin gathering evidence, investigating the accident, and can start negotiating with the insurance companies.
Our goal is to help you get the maximum amount of compensation you are owed and deserve. We will work with you every step of the way and will not rest until you are fully compensated for your injuries and losses.