How 1.800.HURT.511 can help after your pedestrian accident!
In recent years, New York City has taken great strides to improve pedestrian safety, in part because of the “Vision Zero Action Plan,” an improvement plan put forth by Mayor Bill DeBlasio with the goal of “ending traffic deaths and injuries on our streets.” While the city has put forth a concerted effort towards this goal, pedestrians are still at an unfortunate risk of injury, or even death, while traveling through New York City on foot. The New York City data portal shows that the city still has strides to take to preserve pedestrian safety. There were 588 pedestrian fatalities and 44,360 pedestrian injuries between 2012 and 2017 in New York City. 2016 alone saw nearly eleven thousand pedestrian accidents with reported injuries.
If you have been injured in NYC as a pedestrian, you have many rights for getting the money and the justice that you deserve. Contact us now for a free case evaluation, and read more about pedestrian injuries and how you can benefit from the help of a pedestrian accident attorney in New York. We will be happy to discuss our history of successes with similar cases to your own, which is a great way for you to get a better idea of what to expect for the process of our work together if we choose to partner for this case.
If you have been injured as a result of a negligent motorist, regardless of whether you were another motorist, cyclist or pedestrian, it is important to speak with the team at 1.800.HURT.511 so that we can connect you with an experienced attorney who can help you get the justice you deserve.
Examples of Pedestrian Accidents
Pedestrian accidents are accidents that occur when anyone on foot—walking, running or jogging—is struck by a motor vehicle, motorcycle, or bicycle. There are various forms of protection for pedestrians in NYC such as speed limits, school zones, crossing lights, pedestrian bridges, and more. The following are a few examples of the types of accidents that are most common in the city:
Being struck by a vehicle when crossing the street
When you are using a crosswalk or traffic signal properly, you have every right to expect that you will be able to cross the street safely. However, due to aggressive, distracted, or careless drivers, this is not always the case.
Failure to yield to pedestrians
As a cyclist or other type of pedestrian, you have priority in certain situations where a driver must yield to you. This includes situations when you are biking on a street with no protected or designated bike lane or you are in the process of crossing a street.
Even though New York City has a considerable amount of traffic and the streets are always busy, some drivers think that it is safe or reasonable to speed, putting everyone around them at risk. The city speed limit is 25 mph unless otherwise posted, but that doesn’t mean that everyone obeys this rule.
Driving under the influence of drugs or alcohol
New York State has a strict stance on operating a motor vehicle under the influence of drugs or alcohol that goes beyond standard limitations of a .08 BAC or influence of drugs. In addition to this common limit, New York also has a violation called a DWAI—Driving While Ability Impaired—that covers a BAC of between .05 – .07, or any other situation where the driver has reduced control over their abilities due to the result of mind-altering substances.
Under New York Vehicle Traffic Law, motorists must also exercise due care to avoid hitting a pedestrian, including sounding their horn to warn pedestrians when necessary. Failure to comply would constitute negligence under New York law. Other examples of negligent driving include failure to turn at an intersection with reasonable safety and failure to yield to the right of way.
Traffic Fatalities in New York
In an effort to increase and promote safety in these modes of transportation, the New York City Transportation Department has implemented various measures in recent years – measures such as more bike lanes, pedestrian plazas and wider crosswalks in certain locations.
These initiatives were intended to not only increase safety for pedestrians and cyclists but also motorists who share the city streets with them. Unfortunately, the efforts to improve safety and reduce New York City traffic accidents seem to have been in vain given a recent report that noticed an increase in traffic deaths. This report is known as the Mayor’s Management Report and it showed in 2012 that traffic deaths had increased in New York for the first time since 2007.
Fatalities increased by 23% from July 2011 through June 2012, when compared to the same period the previous year. This increase represented 291 traffic fatalities, as opposed to 236 during the prior period. Of the 291 deaths, 176 involved cyclists or pedestrians that were killed in traffic accidents, compared to only 158 during the prior year. The remaining fatalities involved motorists and other motor-vehicle occupants – which also represented a large spike from 78 fatalities during the prior period to 115 deaths this period.
Seeking Damages After a Pedestrian Accident
If you intend to file a personal injury lawsuit in New York against the driver that struck you, the burden of proof to show that driver’s fault is on you. Pedestrian accident lawyers at 1.800.HURT.511 realize that personal injury cases come with costs of pain and suffering and lost wages, we retain financial professionals that aid our legal staff to deliver successful case outcomes. Therefore, we will champion your case and strive for maximal compensation for
Medical expenses and lost wages resulting from the injury
These will be the basis of our claim because they are the foundation of economic damages that we will seek from the driver’s insurance company. Economic damages are intended to directly compensate the victim for measurable expenses and are a 1:1 repayment. When people think of large settlements, they are typically thinking of the non-economic damages that come alongside the economic damages.
Physical/emotional pain and suffering caused by the injury
These are the foundation of the non-economic damages that we may seek for your personal injuries caused by a pedestrian accident. There are a variety of methods used to determine the amount a victim is owed for these abstract damages, but one common way is by identifying a multiplier along a scale. Once a fair and understandable multiplier has been selected, it is applied to the economic damages in order to come to a dollar value for these damages.
Pedestrian Accident FAQ
How are car accident lawsuits in NY different than in other states?
An important distinction between car accident lawsuits in New York versus other states is that New York is a “no- fault” car accident law state, which means that regardless of who was at fault for the accident, drivers are paid out by the insurance company after their accident. That is why it is mandatory for all motorists in New York to hold a liability insurance policy that includes $50,000 in “no-fault” insurance.
Even though New York is a “no-fault” state, it is still essential to contact an attorney after your accident. An experienced attorney can help you adhere to the strict deadlines and complex rules surrounding car accidents in a “no-fault” system, and will ensure that you are receiving the maximum compensation you deserve for your injuries.
What kind of damages could I seek in a car accident lawsuit?
No two car accidents are exactly alike. The same is true for car accident lawsuits. However, depending on the details of your case, your attorney may be able to help you seek the following types of damages to recover compensation:
Economic damages, which are a portion of a claim or lawsuit that seeks compensation for the following:
– Medical bills
– Lost wages
– Loss of earning capacity
Non-economic damages, which are more complicated to quantify, but are no less important, including:
– Pain and suffering
– Emotional distress
– Loss of enjoyment of life
An experienced car accident attorney in New York City can help you determine which damages you can seek in a car accident suit.
How much does it cost to hire a car accident attorney?
1800-HURT-511’s network of car accident attorneys work on a contingency fee basis, which means you never pay any upfront fees for legal representation. You only pay a fee if your attorney successfully recovers compensation on your behalf. Contact us to learn more about our attorney fee structure for successful car accident cases.
What should I do if I was hurt in a car accident?
The most important thing to do after a car accident is to immediately seek medical treatment for yourself and anyone else in the vehicle with you, even if you don’t believe you are badly injured. It is also essential to collect contact information from the other driver or drivers involved in the accident, including their name, address, phone number, license plate number, and their insurance provider.
Following the immediate aftermath of the accident, you should contact your insurance company about the accident, document any injuries you sustained in the accident and any damage to your vehicle, and contact an attorney with experience handling car accident cases in New York.
Take the right next step
1-800-HURT-511 attorneys fight on behalf of victims of car accidents. Insurance companies will do their best to pay the least.Wetake pride in our aggressive representation and expertise in helping you receive the money you deserve. At 1-800-HURT-511 you can always speak directly with your lawyer or our experienced paralegals. We are available 24/7 and you do not pay, if we do not win. Fill out a free case evaluation to get started. Let 1-800-HURT-511 handle everything for you after your accident.
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Protect your legal rights
Regardless of your immigration status you have legal rights. Car accidents often have long-term financial, medical and emotional damages. You do not have to face the insurance companies alone. 1-800-HURT-511 will educate and guide you through the entire legal process and make sure to protect your legal rights.
If you or a family member has suffered injuries in any type of motor vehicle collision, your first step should be contacting KEYWORD 1-800-HURT-511.
Representing residents in New York City, Long Island and New Jersey, 1-800-HURT-511 has a track record of obtaining multi-million-dollar car accident settlements and court awards on behalf of our clients. For a free and honest evaluation of your case, call us 1-800-HURT-511.
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From our clients
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.
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
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