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Navigating the bustling streets of New York as a pedestrian can unfortunately sometimes lead to accidents that leave you injured and facing an uncertain future. While you may have legal recourse after an accident, seeking compensation for these injuries and losses often requires legal expertise.
If you've been involved in such an incident, it's important to consult with a New York pedestrian accident lawyer who understands the law and has experience dealing with these types of cases. If you need help, contact Zieher & Associates today to schedule your free consultation.
NEW YORK PEDESTRIAN ATTORNEYS
Pedestrian Accident Injuries
Pedestrian accidents can result in a variety of injuries, stemming from the individual’s vulnerability and lack of protection when struck by a vehicle. Some of the most common injuries include:
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Traumatic brain injuries (TBIs)
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Spinal cord damage
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Broken or fractured bones
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Internal organ damage
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Soft tissue injuries
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Cuts and bruises
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Nerve damage
If you've sustained any of these injuries in a pedestrian accident, consulting with an attorney can help ensure your rights are protected and that you receive proper compensation.
Common Causes of Pedestrian Accidents
Pedestrian accidents often result in severe injuries or fatalities. Understanding the common causes of these incidents is crucial in promoting safety and preventing future occurrences.
Distracted Driving
One of the most common causes of pedestrian accidents is distracted driving. When drivers do not have their full attention on the road - often due to using cell phones, eating, or adjusting controls in the car - they may fail to see pedestrians.
Speeding
Exceeding speed limits greatly reduces a driver's ability to stop or react in time to avoid hitting a pedestrian. The higher the speed, the more severe the potential outcome of the collision, increasing the risk of fatal injuries to pedestrians.
Failure to Yield the Right of Way
Pedestrians have the right of way in many situations, such as marked crosswalks and intersections with walk signals. However, accidents frequently occur when drivers ignore these rules, either out of negligence or impatience.
Poor Visibility
Accidents are more likely to happen when drivers have a difficult time seeing, such as at night, during bad weather, or in poorly lit areas. Pedestrians might assume they are visible to drivers, whereas drivers may not notice them until it’s too late to avoid a collision.
Alcohol Impairment
Both pedestrian and driver impairment due to alcohol consumption contribute to pedestrian accidents. Impaired judgment, reduced reaction times, and lack of coordination can lead to tragic outcomes on the roadways.
Distraction Among Pedestrians
Just as distracted driving plays a significant role in accidents, pedestrian inattention contributes to unsafe situations on the road. When pedestrians are absorbed in their cell phones, listen to music through headphones at high volumes, or are engaged in conversation, they may not be fully aware of their surroundings. This lack of attention can lead to dangerous scenarios, such as failing to notice oncoming traffic, ignoring traffic signals, or walking into high-risk areas.
By understanding and addressing these common causes, both drivers and pedestrians can work together to lower the risks and ensure safer environments for walking.
Why You Need a Pedestrian Accident Lawyer
Navigating the aftermath of a pedestrian accident can be overwhelming, making it crucial to understand the role and benefits of hiring an experienced pedestrian accident lawyer. Here’s how they can help you:
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Legal Expertise: A pedestrian accident lawyer brings specialized legal knowledge that is crucial for navigating the complexities of traffic laws and personal injury claims.
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Investigation and Evidence Gathering: Lawyers have the resources to thoroughly investigate the accident and gather the necessary evidence to support your claim, such as surveillance footage and expert testimony.
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Fair Compensation: They can help ensure you receive fair compensation for your injuries, including medical expenses, lost wages, and pain and suffering.
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Dealing with Insurance Companies: An experienced lawyer can handle negotiations with insurance companies, protecting you from settling for less than what your claim is worth.
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Court Representation: If your case goes to court, having a lawyer by your side is invaluable. They will fight for you in front of a judge and jury, working towards a favorable verdict.
Enlisting the assistance of a skilled pedestrian accident lawyer is essential to ensure you are adequately compensated and your rights are fully protected.
Damages in a Pedestrian Accident Claim
Following a pedestrian accident, you may be entitled to various types of damages through your claim. These can broadly be categorized into the following:
Economic Damages
These are the measurable, out-of-pocket expenses related to your injury. They often cover medical bills, lost wages from missed work, property damage, rehabilitation costs, and any future loss of income due to long-term effects of your injury.
Non-Economic Damages
These are intangible losses without a specific monetary value. They include compensation for pain and suffering, emotional distress, reduced quality of life, loss of consortium, and disfigurement or permanent physical impairments.
Punitive Damages
These damages are not awarded in many pedestrian accident claims but may be applicable if the responsible party's actions were particularly egregious. Punitive damages are awarded to punish the wrongdoer and deter future similar conduct.
If you’ve been hit as a pedestrian in New York, contact Zieher & Associates to explore how we can help you secure compensation for your injuries.
Liability in Pedestrian Accidents
In pedestrian accident cases, identifying the liable parties is a critical step that determines the direction of the legal claim and the potential for compensation. Some of the most commonly responsible parties include:
Negligent Driver
In pedestrian accidents, the driver of the vehicle is often found liable if they were negligent in some way. Negligence can include speeding, not yielding to pedestrians at crosswalks, distraction such as using a cell phone while driving, or driving under the influence of drugs or alcohol.
Municipality/Government Entity
Cities or municipalities could be held liable for pedestrian accidents if it can be proven that negligent design, poor maintenance, or a lack of traffic control measures (such as signage or crosswalks) contributed to the accident.
Employer of a Negligent Driver
If a pedestrian accident involves a driver who was performing their job duties at the time of the accident, the employer might also bear liability under the legal doctrine of "respondeat superior." This principle holds employers responsible for the negligent actions of their employees committed while they are on duty.
Pedestrian Liability
Although drivers are frequently at fault in pedestrian accidents, there are circumstances where the pedestrian may be partly or wholly liable. This includes jaywalking or crossing the street outside of a designated crosswalk, entering a street or highway while intoxicated, or walking where pedestrian access is clearly prohibited.
Pure Comparative Negligence in New York
In New York, the concept of pure comparative negligence plays a critical role in determining liability and compensation in pedestrian accident cases. Under this legal doctrine, each party involved in an accident can be held proportionally liable for their share of fault. This means that as a pedestrian, if you are found to be partially responsible for the accident, your compensation will be reduced by your percentage of fault.
How to Prove Negligence in a Pedestrian Accident Case
Proving negligence is a fundamental aspect of a pedestrian accident case. It requires demonstrating that the driver's lack of care directly resulted in the accident and your injuries. Here are the key steps and evidence needed:
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Duty of Care: Prove that the driver owed you a duty of care. All drivers have a responsibility to obey traffic laws and drive safely to avoid harming pedestrians, so this element is fairly easy to establish.
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Breach of Duty: Show that the driver breached their duty. This could involve running a red light, speeding, driving under the influence, or not yielding to pedestrians in a crosswalk.
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Causation: Link the breach of duty directly to the accident; it must be clear that the driver's actions were the direct cause of the accident and subsequent injuries.
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Damages: Finally, it's essential to prove that you suffered actual damages as a result of the accident. This involves quantifying the physical, emotional, and financial impact of your injuries.
Proving these elements will allow you to recover compensation that reflects the full extent of your losses and suffering.
Evidence Needed to Prove Your Pedestrian Accident Claim
To build a compelling pedestrian accident claim, collecting a wide array of evidence is critical. This supports your case and helps quantify the extent of your damages. Key pieces of evidence include:
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Police Report: A police report provides an official account of the accident, usually including the officer's observations and whether any traffic laws were violated.
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Medical Records: Detailed medical records and bills demonstrate the connection between the accident and your injuries, outlining the nature of the injuries, treatment received, and cost of medical care.
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Eyewitness Testimony: Statements from individuals who witnessed the accident can corroborate your account of events, providing unbiased perspectives on how the accident occurred.
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Photographic and Video Evidence: Photos and videos from the scene of the accident, your injuries, and any property damage can provide visual proof of the accident's severity and impact.
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Expert Testimony: Experts in accident reconstruction, medical professionals, and economists can offer specialized insights into how the accident happened, the extent of your injuries, and the financial impact on your life.
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Income Loss Documentation: If your injuries have caused you to miss work, documentation such as pay stubs and letters from your employer can establish a claim for lost wages.
Compiling this evidence requires diligence and often the assistance of an experienced personal injury attorney who can guide you through the process and ensure that your claim is as strong as possible.
How Much Does a Car Accident Lawyer Cost in New York?
your injuries, outlining the nature of the injuries, treatment received, and cost of medical care.
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Eyewitness Testimony: Statements from individuals who witnessed the accident can corroborate your account of events, providing unbiased perspectives on how the accident occurred.
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Photographic and Video Evidence: Photos and videos from the scene of the accident, your injuries, and any property damage can provide visual proof of the accident's severity and impact.
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Expert Testimony: Experts in accident reconstruction, medical professionals, and economists can offer specialized insights into how the accident happened, the extent of your injuries, and the financial impact on your life.
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Income Loss Documentation: If your injuries have caused you to miss work, documentation such as pay stubs and letters from your employer can establish a claim for lost wages.
Compiling this evidence requires diligence and often the assistance of an experienced personal injury attorney who can guide you through the process and ensure that your claim is as strong as possible.
We Will File Your Claim Within The Deadline
It's essential that your pedestrian accident lawsuit in New York is filed within the statutory deadline - known as the statute of limitations.
The general timeframe allocated for filing such claims in New York is three years from the date of your accident. However, there are exceptions to this rule, and different circumstances may either shorten or extend this period.
If you've been struck by a vehicle while on foot, it’s imperative to contact legal help right away to ensure you don't miss your chance to recover the compensation you're entitled to.
Contact Zieher & Associates P.C. to Schedule a Free Consultation With a New York Pedestrian Accident Lawyer
If you've been injured as a pedestrian in an accident, don't wait to take legal action. Contact Zieher & Associates today to schedule a free consultation with our experienced New York Pedestrian Accident Lawyer. We're here to help guide you through the process and work towards securing the compensation you deserve.
