New York City Pedestrian Accident Lawyer
Heavy traffic and crowded sidewalks can be dangerous in New York City. Every year, numerous pedestrians are injured or killed in accidents involving motor vehicles.
At Davidoff Law, we specialize in helping injured pedestrians navigate the complexities of the legal system to seek compensation. Pedestrian safety is a serious concern in New York City, where walking is a common mode of transportation for many residents and visitors.
Unfortunately, pedestrian accidents are not uncommon, often resulting in serious injuries or fatalities. We are committed to advocating for the rights of pedestrian accident victims. We offer expert legal advice and representation to help you secure your deserved compensation.
Pedestrian Safety Is a Top Priority in New York City
New York City has implemented numerous safety measures to protect pedestrians, including pedestrian-only zones and enhanced crosswalks.
Despite these efforts, the risk of pedestrian accidents remains high due to the city's dense population and heavy vehicle traffic. Ensuring pedestrian safety requires constant vigilance from both pedestrians and drivers.
Our goal at Davidoff Law is to support safety initiatives and help accident victims recover from their injuries. Pedestrian accidents can dramatically alter lives, leaving victims with long-term disabilities and financial burdens.
As legal professionals, we know our critical role in helping our clients recover and rebuild their lives. Every pedestrian accident case we handle is treated with the utmost seriousness and dedication to justice.
What Makes Pedestrians So Vulnerable in New York City?
- High traffic volumes. The sheer traffic in New York City increases the likelihood of pedestrian accidents. Drivers may find it challenging to notice pedestrians amidst the chaos.
- Distracted walking and driving. Both pedestrians and drivers can be distracted by mobile devices. This lack of attention contributes to accidents.
- Limited visibility. Tall buildings and parked vehicles can obstruct drivers' views, making it hard to see pedestrians crossing streets.
- Rush hour congestion. During peak hours, the rush to get to or from work increases the pace and intensity of traffic, leading to more accidents.
- Non-compliance with traffic signals. Both drivers and pedestrians sometimes ignore traffic signals, leading to dangerous interactions.
Common Causes of Pedestrian Accidents
Driver Negligence
Driver negligence contributes to countless pedestrian accidents in New York City. Negligence may include:
- failing the right of way to pedestrians at crosswalks
- not stopping at stop signs
- violating traffic laws
These behaviors endanger pedestrian lives.
Distracted Driving
Despite laws against texting and driving, distracted driving is still a major issue. Drivers not completely focused on the road can easily miss seeing a pedestrian, especially in a bustling city like New York.
Drunk Driving
Driving under the influence of alcohol or drugs seriously impairs a driver's ability to operate a vehicle safely. Drunk drivers pose a severe risk to pedestrians, as their reaction times and judgment are compromised.
Speeding
Speeding reduces a driver's ability to stop quickly, which is important in a pedestrian-dense area like New York City. The faster a vehicle moves, the more severe the potential for serious injury to pedestrians.
Poor Visibility
Bad visibility due to weather conditions, poor street lighting, or sun glare can lead to pedestrian accidents. Drivers may only see pedestrians once it is too late to stop.
Crowded Streets
The crowded streets of New York can make it difficult for drivers to navigate without coming into close contact with pedestrians. The more congested the streets, the higher the risk of accidents.
Poor Road Conditions
Potholes, uneven road surfaces, and unmarked construction sites can contribute to pedestrian accidents. These issues can cause drivers to lose control of their cars, leading to collisions with pedestrians.
Traffic Signal Violations
Ignoring traffic signals can cause crashes in urban settings. When drivers run red lights or fail to adhere to stop signs, they dramatically increase the risk of hitting pedestrians.
What Should You Do if You Are Struck by a Car?
- Seek safety. If possible, quickly move to a safe location. Avoid staying in the street to prevent further injury.
- Call 911. Report the accident and request medical assistance. Even if injuries seem minor, internal injuries can be serious.
- Gather Information. Obtain contact and insurance information from the driver and get contact information from any witnesses.
- Document the scene. Record a video or take some photos of the crash site, your injuries, and any damage to the vehicle that hit you.
- Do not admit fault. Be careful not to admit fault or make statements that could be used against you later.
- Seek medical attention. Visit a hospital or your doctor to get a full medical evaluation. Some injuries may not be immediately apparent.
- Consult a lawyer. Call a pedestrian accident attorney to review your case. An experienced attorney will be your advocate in this process and protect your rights.
What Injuries Do Pedestrians Suffer in an Accident?
- Head injuries. Traumatic brain injuries can occur when pedestrians hit their heads during a pedestrian versus car accident. These injuries can have lifelong effects.
- Broken bones. The impact of a vehicle or the ground can break bones. Recovery may involve surgery and physical therapy.
- Spinal injuries. Damage to the spinal cord can cause partial or complete paralysis. These injuries affect mobility and can be permanent.
- Cuts and lacerations. Glass from shattered windshields or sharp metal can cause severe cuts. These may require stitches and leave scars.
- Internal injuries. Internal bleeding or trauma to internal organs can be fatal if not treated immediately. Prompt medical attention is necessary.
- Psychological trauma. Pedestrian crashes can lead to psychological issues such as PTSD. Mental health treatment is just as important as physical recovery.
- Soft tissue injuries. Sprains and bruises are common but can still be painful and require healing time.
Filing an Insurance Claim
When you file an insurance claim after a pedestrian accident, the process can be complex and frustrating.
Insurance companies will try to minimize their payouts by disputing the severity of the injuries or the accident's details. It is important to organize all your documents and provide a clear account of the incident.
Dealing with adjusters is very easy with legal assistance. They are skilled at negotiation and can pressure you into agreeing to a lower settlement than you deserve. Having a knowledgeable pedestrian accident lawyer on your side can change how your claim is handled and the compensation you receive.
How Much Money Will Insurance Pay?
The amount of money insurance will pay after a pedestrian accident varies greatly. It depends on the policy details, the degree of your injuries, and the accident details. Insurance should cover medical expenses, lost pay, and pain and suffering, but the exact amounts can differ.
It's important to understand that insurance companies' primary goal is to pay out as little as possible. They may not fully account for the long-term costs of your injuries.
A pedestrian accident lawyer can help negotiate with insurance adjusters to help you recover adequate compensation to cover all your expenses and losses.
Filing a Personal Injury Claim
If insurance does not fully cover the damages from a pedestrian accident, you may need to file a personal injury claim. This legal action seeks compensation directly from the at-fault driver or other responsible parties. A personal injury claim can include damages not typically covered by insurance, such as full compensation for ongoing medical treatments and emotional distress.
A personal injury claim involves proving that another party was negligent and caused the collision. This process can be legally complex and requires detailed evidence and strong legal arguments. Our experienced lawyers at Davidoff Law are adept at handling these claims and our legal team will work to ensure you receive the maximum possible compensation.
When Is a Personal Injury Claim Necessary?
A personal injury claim is necessary when the costs of a pedestrian accident exceed what insurance will cover. This is often the case when injuries are severe, leading to major medical expenses, extended time away from work, or permanent disability. A personal injury claim could cover these extensive costs.
Filing a claim is also important when dealing with non-economic damages such as emotional distress, which is not typically covered by insurance policies.
If you are suffering from long-term effects from your injuries, a personal injury lawsuit might be the best way to ensure that all your financial and emotional needs are met.
Proving Fault and Liability
Proving fault in a pedestrian accident involves showing that the injured pedestrian, driver or someone else did not use reasonable care, leading to the incident. This process requires collecting evidence such as traffic camera footage, witness statements, and police reports. Demonstrating liability is essential for recovering damages in a personal injury claim.
The next step is linking the negligence to the injuries you suffered. This requires medical records, expert testimony, and other forms of documentation. At Davidoff Law, we handle every aspect of this process, from gathering evidence to presenting a compelling case in court.
Challenges in Pedestrian Accident Claims
Handling a pedestrian accident claim involves several challenges. Insurance companies are often reluctant to pay out claims and proving fault can be complex, especially in situations where several parties could be responsible.
Disputes Over Fault and Liability
Determining who is to blame in a pedestrian accident can be contentious. Multiple parties, including drivers, city authorities (for poor road conditions), and even pedestrians, can contribute to accidents. Establishing clear liability is essential for a successful claim.
Dealing with Insurance Companies
Insurance companies may try to deny claims or reduce payouts by arguing that the pedestrian was at fault. They have teams of lawyers and adjusters who specialize in minimizing the insurance company's financial exposure. With a lawyer, it can be easier to negotiate fair compensation.
Handling Hit-and-Run Accidents
Hit-and-run accidents create added issues in pedestrian accident claims. Without a responsible party to claim against the negligent driver, you may need to depend on uninsured motorist coverage or fund your recovery through other means. Our law firm can help you navigate these challenging scenarios.
How Davidoff Law Personal Injury Lawyers Fight for Injured Pedestrians
- Thorough investigation. We dive into every detail of your accident, collecting evidence to build a strong case.
- Expert resources. We partner with medical experts, accident reconstruction specialists, and other professionals to support your claim.
- Aggressive advocacy. Our lawyers advocate fiercely on your behalf, negotiating with insurance companies and litigating in court if necessary.
- Personalized attention. We provide personalized attention to each client, understanding their needs and goals.
- No fee unless we win. Our firm operates on a contingency fee basis, meaning you pay no fees unless we secure compensation.
Frequently Asked Questions
What should I do immediately after a pedestrian accident?
Immediately after a pedestrian accident, ensure your safety, seek medical attention, and document the pedestrian accident victim scene if possible.
Can I file a claim if I am partially at fault?
You can still file a claim even if you are partially at fault, but your maximum compensation amount might be reduced based on your share of the fault.
How long does it take to resolve a pedestrian accident claim?
The time taken to resolve a pedestrian accident claim can vary greatly depending on the circumstances of the case and how quickly everyone involved can agree on a settlement.
Contact Our New York City Pedestrian Accident Lawyer for a Free Case Consultation
If you've been involved in a pedestrian accident in New York City, Davidoff Law is here to assist you. Even common pedestrian accident injuries can be devastating, but our New York pedestrian accident attorneys can defend your rights.
Our New York pedestrian accident lawyers have experience with various pedestrian accident cases. Even after a hit-and-run accident, we can help you recover compensation for medical bills and other damages.
Contact us today to schedule a free consultation with our New York pedestrian accident lawyer.