A pedestrian accident happens when an individual walking on the street is struck by a vehicle. This can lead to severe injuries, long recovery times, and significant financial burdens. Whether or not the person is involved in contributing to the accident, they may still be entitled to financial compensation for their injuries.
Why Choose The Porter Law Group for Your Pedestrian Accident Case in New York?
At The Porter Law Group, we have a proven track record of success in representing pedestrian accident victims in New York. Our skilled attorneys understand the intricacies of New York State’s insurance and traffic laws and can guide you through the legal process. We will conduct a thorough investigation into your accident, gather evidence, and build a strong case on your behalf. Call 833-PORTER9 or email us at info@porterlawteam.com to schedule a free consultation.
What Causes Pedestrian Accidents?
Pedestrian accidents can occur due to various factors, including driver negligence, reckless driving, and failure to yield the right of way. Other common causes of pedestrian accidents include:
- Distracted driving because of mobile phone use
- Speeding or operating a vehicle recklessly
- Driving under the influence of alcohol or drugs
- Failing to obey traffic laws and signals
- Poor visibility or inclement weather conditions
- Poorly maintained roads and infrastructure
What are the Common Injuries Sustained in Pedestrian Accidents?
When a pedestrian is struck by a vehicle, the resulting injuries can be severe and life-altering. Common injuries in pedestrian accidents include:
- Fractures and broken bones
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Internal organ damage and bleeding
- Disfigurement and scarring
- Emotional trauma and psychological distress
What Type of Damages Can Be Recovered by Victims of Pedestrian Accidents in New York?
If you were injured in a pedestrian accident in New York, you may be entitled to financial compensation for the following:
- Medical bills
- Rehabilitation
- Lost wages
- Disfigurement
- Permanent disability
- Loss of earning capacity
- Property damage
- Trauma
How are Pedestrian Accident Cases Decided in New York?
To secure compensation for a pedestrian accident, you will need to prove the following:
- You were owed a duty of care
- The other party was negligent and breached that duty of care
- The breach of duty was the cause of your injury
- The accident was the proximate cause of your injury
Should you be involved in a pedestrian accident, it is important to immediately do the following:
- Seek medical attention
- Notify the authorities
- Gather evidence like photos and video footage
- Obtain contact details of the driver at fault, and potential witnesses
- Seek help from a personal injury lawyer
Drivers are expected to abide by the traffic laws and ordinances. This includes following speed limits and traffic signs and yielding to pedestrians on crosswalks. If they are found to have violated these, they may be held liable.
If you’ve been injured in a pedestrian accident, you may be entitled to compensation for your losses. However, insurance companies often prioritize their business above everything and may attempt to minimize your settlement. Our experienced attorneys will negotiate with the insurance companies on your behalf and, if necessary, take your case to trial to secure the compensation you deserve.
Can I Recover Compensation if I Was Also at Fault?
Victims are still entitled to some financial compensation even if it is proven they are at fault in a pedestrian accident, such as crossing before the walk signal or running in front of the moving vehicle. New York State abides by the principle of ‘comparative negligence’. This means that if you were found to have contributed to your injury, the damages awarded to you will only be reduced based on the appropriate proportion, as long as it was not 100% your fault.
You may be scared off into accepting a low settlement by the at-fault driver’s insurance company. Even a 1% contribution to the accident forfeits your claim in some states, but this is not the case in New York. Which is why it is important to immediately secure the services of a good personal injury lawyer, who can explain these legal details thoroughly, investigate your case, communicate with the at-fault party, and negotiate on your behalf so that you can focus on recovery.
Contact a Pedestrian Accident Lawyer in New York Today
You don’t have to deal with the aftermath of a pedestrian accident alone. The dedicated attorneys at The Porter Law Group are here to provide the guidance and support you need during this challenging time. See the results we’ve obtained for our former clients here, and call 833-PORTER9 or email us at info@porterlawteam.com for a free consultation today.
