Pedestrian accidents in New York City are unfortunately a common occurrence, given the city’s dense population, heavy traffic, and pedestrian-friendly infrastructure. In these situations, pedestrians, who are often at a disadvantage compared to drivers, can suffer severe injuries or even fatalities. If you or a loved one has been involved in a pedestrian accident in New York City, seeking the help of a New York City pedestrian accident attorney can make all the difference in ensuring that your legal rights are protected and that you receive the compensation you deserve.
This article will guide you through the role of a pedestrian accident attorney, why you need one, and how they can help you navigate the complexities of filing a claim after an accident in New York City.
Why Are Pedestrian Accidents Common in New York City?
New York City is known for its bustling streets, and unfortunately, with so many cars, buses, cyclists, and pedestrians, accidents happen regularly. Some of the common causes of pedestrian accidents in the city include:
Distracted driving: Drivers who are texting, talking on the phone, or not paying attention to their surroundings may not notice pedestrians crossing the street.
Speeding: Pedestrians are particularly vulnerable to serious injuries when hit by a speeding vehicle, as it reduces the driver’s ability to stop in time.
Failure to yield: Drivers often fail to yield to pedestrians at crosswalks, or they may run red lights, resulting in accidents.
Impaired driving: Alcohol and drugs significantly impair a driver’s ability to react, leading to dangerous situations for pedestrians.
Poor pedestrian infrastructure: In some cases, the design of streets, intersections, or crosswalks may make it difficult for pedestrians to navigate safely, contributing to accidents.
Bad weather conditions: Rain, snow, and fog can reduce visibility and make the roads slippery, which can lead to accidents involving pedestrians.
Despite the extensive pedestrian safety measures that the city has implemented over the years, pedestrian accidents continue to occur due to these and other factors.
Why You Need a New York City Pedestrian Accident Attorney
If you or someone you care about has been injured in a pedestrian accident in New York City, hiring an experienced pedestrian accident attorney can help ensure that you recover compensation for your injuries, medical expenses, lost wages, and pain and suffering. Here’s why you should consider legal representation:
1. Expert Knowledge of New York Law
New York City has specific laws and regulations related to pedestrian safety, including rules that govern traffic signals, crosswalks, and right-of-way. A New York City pedestrian accident attorney has a deep understanding of these laws and can apply them to your case to determine who is liable for your injuries.
New York operates under a comparative negligence system, which means that even if you are partially at fault for the accident (for example, if you were jaywalking), you may still be able to recover compensation for your injuries. An attorney will ensure that your case is evaluated fairly and that any fault assigned to you is minimized.
2. Investigation and Gathering Evidence
After a pedestrian accident, gathering evidence is essential to support your claim. A New York City pedestrian accident attorney will conduct a thorough investigation of the accident scene, which may involve:
Obtaining accident reports: Police reports can provide essential information about the circumstances surrounding the accident, including statements from drivers and witnesses.
Collecting surveillance footage: Many areas in New York City have security cameras that may have captured the accident. Footage can provide clear evidence of the accident’s cause.
Identifying witnesses: Your lawyer will track down and interview any witnesses who saw the accident occur, as their testimony can be crucial for establishing liability.
Consulting accident reconstruction experts: In some cases, experts may be needed to reconstruct the accident, particularly if there is a dispute about how it occurred.
3. Determining Liability
Determining liability in a pedestrian accident case can be complex. Often, drivers are at fault, but there can be other contributing factors, such as poor road conditions, inadequate lighting, or even faulty vehicle equipment. A pedestrian accident attorney will carefully examine the facts and determine who is responsible for the accident. In some cases, multiple parties (such as the driver, the city, or a construction company) may be held liable for your injuries.
4. Negotiating with Insurance Companies
Insurance companies are in the business of minimizing payouts, and they may offer you a settlement that is far lower than what you are entitled to. A New York City pedestrian accident attorney will handle all negotiations with the insurance companies on your behalf, ensuring that you are not taken advantage of.
Your lawyer will work to ensure that the insurance company covers not only your medical bills but also your lost wages, pain and suffering, and any future medical costs if your injuries require long-term care.
5. Maximizing Your Compensation
A skilled pedestrian accident lawyer knows how to calculate all of the damages you may be entitled to, including both economic and non-economic damages. These may include:
Medical expenses: Compensation for past, present, and future medical treatments, including hospital bills, surgeries, medication, and physical therapy.
Lost wages: If your injuries have caused you to miss work, you can recover compensation for lost earnings and any future income if you are unable to work for an extended period.
Pain and suffering: Compensation for the emotional distress, pain, and suffering caused by the accident, which can include anxiety, depression, and the physical pain you endure from your injuries.
Property damage: If your personal property (such as a cell phone, bag, or glasses) was damaged in the accident, your lawyer can help recover the cost of repair or replacement.
6. Filing a Lawsuit
If a fair settlement cannot be reached through negotiation, your attorney will file a lawsuit on your behalf. While many pedestrian accident cases settle out of court, sometimes a trial is necessary to secure the compensation you deserve. Your lawyer will represent you in court, presenting the evidence and advocating for your best interests.
Steps to Take After a Pedestrian Accident in New York City
If you’ve been involved in a pedestrian accident, it’s essential to take the following steps:
Seek immediate medical attention: Even if your injuries seem minor, it’s crucial to see a doctor right away. Some injuries, like concussions or internal injuries, may not show symptoms immediately.
Report the accident: Call the police to report the accident. An official police report will be an important piece of evidence for your case.
Collect evidence: If possible, take photos of the accident scene, your injuries, and any property damage. Get the contact information of witnesses and look for nearby surveillance cameras.
Contact a pedestrian accident lawyer: Reach out to a New York City pedestrian accident attorney as soon as possible. They will help you navigate the legal process and ensure you receive the compensation you deserve.
Conclusion
Pedestrian accidents in New York City can have life-altering consequences, and navigating the legal process on your own can be overwhelming. A New York City pedestrian accident attorney can provide the expertise, support, and legal guidance you need to ensure that you receive fair compensation for your injuries and losses. From investigating the accident to negotiating with insurance companies and handling any legal proceedings, a lawyer will fight for your rights and help you move forward after an unfortunate event. If you’ve been injured as a pedestrian, don’t hesitate to reach out to an experienced attorney to protect your interests.