Queens Pedestrian Accident Attorneys

The statute of limitations, or deadline to file a claim, in most pedestrian accident cases in New York is three years from the date of injury. However, if someone died in a pedestrian accident, and their surviving spouse, dependents, or other eligible family members wish to file a wrongful death lawsuit, they have just two years from the date of death to do so.

While drivers have a greater of duty of care to pedestrians than vice versa, they are not always entirely at fault in pedestrian accidents. Like motorists, pedestrians have certain responsibilities when it comes to sharing roadways with others. When they act carelessly, are negligent, or violate the law, they may share some of the blame. Under New York’s pure comparative negligence rule, pedestrians who are found partially at fault for an accident may still seek compensation by filing a personal injury claim, however, their total recovery will be reduced by the percentage of fault they are found to have.

There are many different causes of pedestrian accidents in Queens and throughout New York City. Most often, these incidents result from negligence, typically on the part of the driver involved in the crash. Examples of this include distracted driving, speeding, running red lights or stop signs, drunk driving, failing to yield the right of way, violating traffic laws, and more. Other common causes of pedestrian accidents include poorly designed roadways, defective traffic signals, and even pedestrian negligence.

Yes; you should always see a medical professional after a pedestrian accident, even if you do not believe you were hurt or that your injuries are minor and will heal on their own. Often, the shock of the accident can mask the severity of one’s injuries. It may not be possible to detect underlying damage and trauma, and some injuries may take hours, days, or even weeks to appear. Regardless of whether you think you are hurt or not, you should see a doctor or go to a hospital or urgent care center as soon as possible after an accident with a motor vehicle. This is important not only for your health, safety, and well-being but also for the success of your future personal injury claim.

If you were partially at fault for the accident—or if the insurance company is arguing that you were to blame—you can still file a claim for compensation, but the amount you can recover will be affected. New York follows a pure comparative negligence rule, which allows injured parties to file personal injury claims regardless of their degree of fault (as long as it is less than 100%). However, under this rule, your recovery will be reduced by your at-fault percentage. So, if the court determines that you were 25% to blame for the pedestrian accident that caused your injuries and other damages, you will only be able to collect up to 75% of the total amount in damages that you would have received if you were not found at fault whatsoever.

When visiting your Queens pedestrian accident lawyerfor the first time, there are a few things you can bring to provide your lawyer with important information about your case. A few things to bring, if possible, include any medical records you have, as well as medical bills and/or receipts for medical expenses. You should also bring recent paystubs, your insurance information, and evidence of the accident, if you have it. This evidence might include things like a copy of the official police report, witness statements and contact information, and pictures of the crash, your bike, and/or your injuries. If you have a personal account of what happened, as well as a timeline of the crash and its aftermath, bring that with you, as well. In short, the more documented evidence and information you can provide your attorney, the better. Make sure to check out the rest of our practice areas for the help you need! 

Our team at the Law Firm of Davidoff & Associates can answer your questions regarding what you should bring to your first appointment; give us a call or contact us online today to learn more.