Pedestrian Accident Attorney Serving New York City and the Surrounding Areas
Although pedestrians must exercise reasonable care for their own safety and must follow traffic laws, navigating the streets of New York on foot is always a daunting task. At the same time, all drivers have a duty of care not to injure others while operating a motor vehicle. Despite the city’s Vision Zero Action plan to make communities safer and reduce the number of fatalities, being injured in a pedestrian accident is still far too common.
Scaffidi & Associates has extensive experience handling pedestrian accident cases in the greater New York area. We are knowledgeable in the local and state traffic laws and have a well-earned reputation for providing our clients with aggressive legal representation. If you or a loved one has been injured by a negligent car, truck, bus, or taxi driver, you may be entitled to bring a personal injury lawsuit for compensation for those injuries.
Common Causes of Pedestrian Accidents
Pedestrian accidents are often the result of driver errors, including:
- Distracted driving
- Failure to yield
- Failure to obey traffic signals
- Speeding
- Driving under the influence
Traffic safety rules require pedestrians to obey traffic signals and use crosswalks when crossing the street. When pedestrians are in a crosswalk and there is no traffic signal, drivers are required to yield the right of way. If there is no crosswalk, sign, or signal at a mid-block location, however, pedestrians must yield the right of way to all vehicles. Finally, pedestrians are required to use sidewalks and, if one is not provided, they should walk on the left side of the road facing traffic.
Pedestrian Accident Injuries
A pedestrian who is struck by a vehicle can sustain serious injuries such as:
- Severe lacerations and bruising
- Broken bones
- Spinal cord injuries
- Nerve damage
- Skull fractures and head injuries
- Traumatic brain injuries
- Internal Bleeding
- Organ damage
- Loss of limbs
- Death
Depending on the severity of the injuries, some pedestrian accident victims may require ongoing or even lifelong medical care. At times, family members take on the role of caretakers, which can become a financial and emotional burden for all concerned. Ultimately, it takes a highly skilled attorney to find justice.
Determining Negligence in a Pedestrian Accident
Determining negligence in a pedestrian accident hinges on a number of questions: Was the pedestrian in a crosswalk? What was the color of the traffic light for the driver? How fast was the vehicle traveling? Were there visibility issues such as sun glare, rain, or fog? What time of day was it – dawn, daytime, dusk, or night? Was the pedestrian walking along the side of the road?
While contributory negligence may be assessed against a pedestrian who fails to exercise reasonable care, drivers must exercise proper caution at all times and avoid hitting pedestrians. Our legal team takes the time to understand all of the relevant factors involved in pedestrian accidents. Depending on the circumstances, we may call upon our respected network of accident reconstruction experts to determine the extent of the driver’s liability. We work tirelessly to help our clients obtain the compensation they deserve.
What to Do After a Pedestrian Accident
If you are involved in a pedestrian accident, there are a number of steps to take to protect yourself, starting with staying calm. Don’t argue with the driver or offer any apologies, because acting aggressively or being apologetic can harm your personal injury claim. If you sustain injuries, call 911 and ask for emergency medical services. Even if you feel fine, you should immediately seek treatment from a medical professional to make sure you are not suffering from internal injuries, which can be dangerous. A qualified doctor can diagnose any injuries that are not obvious.
As with any type of motor vehicle accident, if you are physically able, you should also exchange contact and insurance information with the at-fault driver, and obtain contact information from any witnesses. It may also help to take pictures of the accident scene, the vehicle, traffic signs, as well as your injuries and any property damage you may have sustained. Of course, you should also file a police report, which will serve as important evidence in your injury claim.
Dedicated NYC Pedestrian Accident Attorney
Being hit by a car is a traumatic experience, and many victims are left with lingering injuries, pain and suffering, and extensive medical expenses. At Scaffidi & Associates, we have a proven track record of successfully pursuing personal injury claims. If you or a loved one has been injured in a pedestrian accident, we can help. Because these claims often require dealing with an insurance company, we will leverage our legal knowledge and skills to obtain the full value of your claim. If the insurer fails to make a fair and reasonable offer, we are prepared to litigate the matter in court.
Our priority is your recovery and we will fight aggressively to protect your right to meaningful compensation including lost wages, past and future medical expenses, lost earning capacity, and pain and suffering. If the driver was speeding, driving recklessly or under the influence of drugs or alcohol, you may also be able to recover punitive damages. Call our office today for a free consultation or complete the contact form on our website.