Pedestrian accidents are a serious and frequent issue in New York, where dense traffic and busy sidewalks create a higher risk for those on foot. If you or someone you know has been involved in such an accident, it’s important to be aware of your rights and understand how the legal process works. A pedestrian accident attorney in New York can help clarify the steps involved, explain available legal options, and assist in identifying trustworthy sources of information to support your case.
The Reality of Pedestrian Accidents in New York
New York’s fast-paced environment means that pedestrian accidents happen frequently. Each year, hundreds of people are injured or killed while walking in the state. The New York State Department of Health tracks these incidents and provides valuable data and safety tips.
Why Do Pedestrian Accidents Happen?
There are several reasons why pedestrians may be struck by vehicles in New York:
Driver Behavior: Speeding, texting, failing to yield, or driving under the influence are leading causes.
Unsafe Conditions: Cracked sidewalks, poor lighting, and unclear crosswalks increase the risk.
Weather: Snow, rain, and ice can make walking and driving more dangerous.
Heavy Traffic: Crowded intersections and busy streets are especially risky for pedestrians.
Pedestrian Rights and Responsibilities
New York law gives pedestrians certain protections, but also expects them to follow rules. For example, pedestrians usually have the right of way at crosswalks, but must obey traffic signals and not step into traffic suddenly.
What Does a Pedestrian Accident Attorney Do?
A pedestrian accident attorney helps people who have been hit by vehicles while walking. Their main tasks include:
Investigating the Accident: Gathering evidence like police reports, photos, and witness statements.
Determining Fault: Figuring out who is responsible—this could be a driver, the city (for unsafe sidewalks), or someone else.
Calculating Losses: Adding up medical bills, lost wages, pain and suffering, and other costs.
Dealing with Insurance: Handling negotiations with insurance companies to try to get a fair settlement.
Going to Court: If a settlement isn’t possible, representing you in court.
What Compensation Can Victims Receive?
If you’re injured as a pedestrian, you may be able to get compensation for:
Medical Costs: Both current and future expenses.
Lost Wages: Money lost if you can’t work, and future earnings if you’re permanently injured.
Pain and Suffering: For physical pain and emotional distress.
Other Costs: Such as rehabilitation or home modifications.
How the Legal Process Works
Consultation: Many attorneys offer a free first meeting to discuss your case.
Investigation: The attorney collects evidence and reviews what happened.
Filing a Claim: A claim is made with the insurance company, or a lawsuit is filed if needed.
Negotiation: The attorney negotiates for a fair settlement.
Court Case: If no agreement is reached, the case goes to court.
Comparative Negligence in New York
New York uses a “comparative negligence” system. This means that even if you were partly at fault for the accident, you can still get compensation. However, your payment will be reduced by your share of the blame.
When Should You Contact an Attorney?
Consider reaching out to an attorney if:
You have serious injuries.
There’s disagreement about who caused the accident.
The insurance company’s offer doesn’t cover your costs.
The accident involved unsafe sidewalks or government property.
Acting quickly can help protect your rights and preserve important evidence.
Conclusion
navigating the aftermath of a pedestrian accident in New York can be challenging, especially when dealing with injuries, insurance claims, and questions of liability. Understanding your rights and the legal options available is essential for protecting your well-being and securing any compensation you may be entitled to. A pedestrian accident attorney in New York can provide the legal knowledge and support needed to help you make informed decisions and take the appropriate steps toward resolution.
