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1 800 HURT 511

Pedestrian & Sidewalk Accident FAQ

New York City is one of those places where pedestrians are everywhere. And with so many pedestrians being densely packed in one place—alongside cars, trucks, and other vehicles—of course accidents are likely to occur. And when a pedestrian accident occurs, it’s likely the accident victim will have many questions afterward, especially if they’ve never been through such an ordeal before. Browse this FAQ for answers to the questions pedestrian and sidewalk accident lawyers get asked frequently.

Call us at 1-800-HURT-511 if you’ve been injured in a sidewalk or pedestrian accident. Our sidewalk and pedestrian accident lawyers in the Bronx have been representing victims of these accidents for over a decade, and we’ve helped individuals across the Five Boroughs seek damages for injuries that were caused by another’s negligence.

 

What Should Be Done Immediately After A Pedestrian Accident?

Immediately after a pedestrian accident, you should call the police to report the accident so responding officers can file a police report. Then you should seek medical attention, which most accident victims do by calling 911. An ambulance will take you to the nearest emergency room, and there you’ll be examined and your injuries will be treated.

You Must Seek Medical Attention

Seeking medical attention after a pedestrian accident is vital. Even if you think the accident only resulted in minor bumps and bruises, you may have sustained injuries that’ll present later on. An emergency medicine specialist will be able to identify injuries that haven’t presented yet, and they’ll be able to document these so, when these do present later on, there’s a record linking them to the accident. If you wait and don’t seek medical attention right away, and later injuries present, it’ll be harder to prove that these are related to the accident.

Call A Lawyer

It’s also wise to reach out to a lawyer at this point, either while you’re in the hospital or immediately after you’ve received medical treatment. A pedestrian accident lawyer will instruct you regarding what to do next, and you won’t have to pay up front to get help from them if they decide to take your case.

How Are Medical Expenses Covered After An Accident?

If you’ve been saddled with medical bills as a result of an accident, you’ll be responsible for paying these. If you have health insurance, this will defray some of the upfront costs. If you can’t afford to pay the bills your health insurance provider won’t cover, or if you don’t have health insurance when an accident occurs, the medical care provider will make you sign a lien, and this will obligate you to pay the bills once you receive an award. If your health insurance provider paid some of your bills, and you receive an award later on, they may be entitled to reimbursement.

Can A Pedestrian Collect Damages If They Were Struck Outside A Crosswalk?

Even though pedestrians are required to use crosswalks when crossing roadways, a pedestrian may still be able to seek damages from the motorist that struck them if they weren’t in a crosswalk when the accident occurred. In some instances, a driver will try to pass a crossing pedestrian, only to end up hitting them despite their efforts. A driver may also fail to slow down once a pedestrian crosses into their lane, perhaps because they’re texting.

A pedestrian may share fault in the accident, but as long as they’re not more than 50% to blame for the accident, they’ll still be able to seek damages. However, the award size will correspond with how much fault they bear.

Can An Injured Pedestrian Recover Damages After An Accident?

After a pedestrian accident, an accident victim will likely seek damages for the following:

  • Medical bills
  • Lost wages both past and future
  • Pain and suffering

If an accident victim succumbs to their injuries, their dependents/family can seek damages on their behalf to pay for funeral costs and other expenses related to the individual’s death.

Who’s Liable For Paying Damages After A Pedestrian Accident Lawyer?

While most pedestrian accidents only involve two parties, there are instances where multiple parties bear responsibility for an accident. The following are instances where liability may be shared:

  • A driver couldn’t stop for a pedestrian because their brakes failed after a car service.
  • A pedestrian is struck because an intersection is poorly designed or lacking proper signage.
  • An intoxicated driver hits a pedestrian after leaving an establishment that served them too much alcohol.

Determining where fault lies is what a skilled and experienced pedestrian accident lawyer will be able to do, and they’ll make sure all parties that bear some level of liability are sued.

Who’s Liable For Paying Damages After A Sidewalk Accident?

The answer here largely depends on who owns the sidewalk. Most sidewalks are publicly owned, but there are plenty of private sidewalks as well. Sidewalk accident cases are in the realm of premises liability law, and this doctrine holds that property owners are responsible for maintaining their properties and fixing hazards that occur. And if a hazard cannot be addressed right away, a property owner must clearly and properly indicate the hazard.

If a sidewalk owner fails to uphold their duties under premises liability law, it’s likely they’ll be held liable for paying damages if someone gets injured as a result of their negligence.

Why Do Sidewalk Accidents Happen?

The following hazards can cause sidewalk accidents:

  • Uneven sidewalk bricks/slabs
  • Tree roots coming up through the sidewalk
  • Puddles
  • Ice
  • Debris
  • Defective surfaces (like mats and tarps)
  • Unsecured grates and manhole covers
  • Sidewalk defects like cracks, holes & loose bricks

There are plenty of other hazards that can lead to sidewalk accidents, but the ones above are the most common.

How Long Does A Sidewalk Accident Victim Have To File A Lawsuit?

In a case involving a government entity, an accident victim will have just 30 days to notify the appropriate entity that an accident occurred. If you send a claim to the wrong department or miss the filing deadline, it’s likely you’ll be precluded from seeking damages. There may also be a limit regarding how much you can seek in damages, and this limit is likely well below $100,000.

What Defenses Do Accused Parties Raise In Sidewalk Accident Cases?

A defendant in a sidewalk accident case might claim that the hazard which caused the plaintiff’s injury was obvious and easily avoidable. And a government entity may avoid a lawsuit altogether because of laws which shield government entities from such lawsuits.

Call 1-800-HURT-511 to speak with our sought after sidewalk accident lawyers in Brooklyn. We’ll help you seek damages from an at-fault party, and our lawyers aren’t afraid to go head to head with a government entity in court. Hire best pedestrian accident lawyer.

Brooklyn Construction & Sidewalk Accidents: Everything You Need to Know

Construction & Sidewalk Accident Lawyer Brooklyn

These days, construction sites are everywhere, and while they’re a sign that the economy is alive and well, they can also be hazardous in a variety of ways. Even if you’re not a worker at a construction site, you can still be injured in an event that’s directly related to it. And if you’re injured while working at, attending, or passing by a construction site, then you may be able to get restitution from the contractor or company that’s overseeing the construction site.

An injured individual’s relationship to the site where the injury happened plays a large role in determining which course of legal action to take. In other words, if you’re a worker at the site, then you’ll have to pursue a course that’s different from the one an individual who has no preexisting relationship to the site would pursue.

No matter why you were there, if you were injured at or around a construction site, a construction lawyer will want to hear your case. Another party may be responsible for your injury, and if that’s the case, they need to compensate you.

If you’ve sustained injuries related to a construction site, call our construction accident lawyer in Brooklyn immediately at 1-800-HURT-511. For years, the Sanders Law Firm has been representing individuals who’ve been injured in construction site accidents, and we’ll fight for you so you get the compensation you deserve.

 

What Hazards Exist at Construction Sites?

Hazards for Workers

There are numerous things that can go wrong at a construction site, but OSHA has found that falls from heights happen more than any other construction accident. Construction workers who get hurt after falling off a roof, ladder, or scaffold are encouraged to reach out to a construction accident lawyer, as the fall may have been caused by lack of fall protection or safety equipment.

Falls can also be caused by poorly installed scaffolding, defective equipment, or weather. Moreover, workers at a construction site are working with and around a lot of heavy machinery, and they’re routinely around toxic materials as well. For these reasons, construction site workers need proper training and safety equipment.

Hazards for Pedestrians

But workers aren’t the only individuals who can be harmed as a result of construction site negligence. A pedestrian may be hit by a truck that’s leaving the site, or they could be struck by falling tools or materials. Regardless of the particulars, if an injury or damage is tied to a construction site, the party that’s been harmed should consult a construction site accident attorney.

What Injuries Occur at or Around Construction Sites?

A range of injuries can be caused by construction site accidents, including head injuries, traumatic brain injuries, spinal injuries, shoulder injuries, fractures, burns, and repetitive stress and trauma injuries. And some construction site accidents may result in amputation or even death. While the majority of these injuries are most commonly sustained by construction site workers, there are instances when individuals with no relationship to a job site can be injured because they happened to be at the wrong place at the wrong time.

If you’ve sustained injuries that are related to a construction site, it’s best to seek medical attention immediately. Afterward, you should reach out to a construction site accident lawyer, as they’ll know how to proceed from there.

Why Do Sidewalk Accidents Happen?

Sidewalks are certainly a step up from the dirt trails that human beings used to walk many years ago, but even sidewalks can be hazardous sometimes.

Slip and Fall Cases

Most sidewalk-related injuries are due to slipping and falling. Say there’s water, oil, or ice on the sidewalk. If the slippery liquid or mass causes you to slip, fall, and get hurt, then the person who’s in charge of the sidewalk may be responsible. Most sidewalk injuries are related to slipping and falling.

Trip and Fall Cases

Then there are instances when an individual trips and falls on a sidewalk because it’s cracked, uneven, or broken. Tripping is also commonly related to steps. If a set of steps is poorly maintained, those who use the steps may be prone to tripping.

Sidewalk Defects

Sidewalk-related injuries can also be caused by sidewalk defects. In these instances, a person’s injury is tied to a crack, the sidewalk being uneven, poor leveling, or a range of other defects. Sidewalks that aren’t maintained well are often defective.

Sidewalks in Brooklyn

In some places, sidewalks are everywhere, and Brooklyn is one of these places. If the sidewalk is not owned by the city, it’s a private one. Whether a sidewalk is owned by the city or a private citizen/company doesn’t really matter. All sidewalks should be maintained, and those that aren’t and cause injury should be fixed and their owners held responsible.

Sidewalk injury cases are in the realm of premises liability, and these claims are often disputed. If you anticipate that your sidewalk injury claim is going to be disputed, it’s best to get a sidewalk accident attorney in Brooklyn on your side before you file.

What Are Common Sidewalk Accident Injuries?

Some sidewalk accidents lead to minor injuries like scrapes and bruises, while others result in serious injury or death. A lot of sidewalk accidents lead to broken bones and head injuries, and in these instances medical treatment will be necessary. And sometimes an individual never fully recovers from a sidewalk-related injury.

Such accidents can cause emotional trauma also, as injured individuals often don’t know how to pursue compensation for their injuries. Then there are those who are afraid to speak out because they’re worried about the negative repercussions that may come from filing a claim. There are also financial costs associated with an injury, as medical bills can be in the tens of thousands of dollars and an injury could cause you to lose income. For all these reasons, you should get a sidewalk accident lawyer to fight on your behalf when you’re injured in a sidewalk accident.

The sidewalk accident lawyers at the Sanders Law Firm have been representing sidewalk accident victims for years. We’ve secured hundreds of favorable judgments, an we’ll make sure your case is presented flawlessly.

    Construction & Sidewalk Accident Lawyer Brooklyn

  • Construction & Sidewalk Accident Lawyer Brooklyn
  • Construction & Sidewalk Accident Lawyer Brooklyn
  • Construction & Sidewalk Accident Lawyer Brooklyn
  • Construction & Sidewalk Accident Lawyer Brooklyn
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Stephanie De La Cruz
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I was an UBER passenger and the car got rear-ended by a utility van. I called 1-800-HURT-511 since a friend dealt with them before and I was glad I did. My attorney was extremely professional and aggressive when necessary. He was transparent from the start and didn’t complicate things unnecessarily.

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Serious team effort from the entire staff to get my work injury case resolved quickly. They built a strong case and kept me in the loop for the duration. This team also delivered on two previous occasions and did it in a very cost-effective way. A faithful customer for life thank you!

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I highly recommend HURT-511! When the insurance companies turned me away after a scary scooter accident that nearly killed me, a lawyer at HURT-511 stayed and fought for me and recovered the entire policy! Their staff is well-informed and always available to answer my questions. They treated me like one of their own and I made the right decision to stick with them. Thank you so much!

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