Trusted Pedestrian Accident Lawyer in New York

New York has often been described as a ‘walkable’ city, with residents and tourists taking to foot to experience what the city has to offer. However, in recent years, studies show an alarming increase in pedestrian accidents in the city, with the injuries sustained in these accidents having life-altering consequences. If you have been injured in a pedestrian accident, New York law may allow you to claim compensation. However, acquiring this compensation involves facing long, drawn-out insurance and legal processes, which can be challenging without the guidance and assistance of an experienced New York pedestrian accident lawyer.

The Role of a New York Pedestrian Accident Lawyer

Dealing with the insurance and legal complexities while recovering from your accident can be challenging for anyone, which is why we at the Law Office of Eli Shmulik are here to help. Our New York pedestrian accident lawyers are committed to helping you throughout the healing process. We have a proven track record of helping clients recover millions in compensation for their accidents, and we will use these skills and expertise to champion your rights and obtain proper compensation that eases all your financial burdens. In navigating the road to justice, we will:

• Offer the initial consultation free of charge.
• Work on a contingency basis, with no hidden costs
• Conduct a comprehensive investigation into the particulars of your pedestrian accident.
• Gather the evidence required and build a strong case that fully accounts for the damage suffered.
• Take care of all the paper work and procedural requirements in a timely manner.
• Engage in negotiations with insurance companies and defense attorneys to reach a fair and equitable settlement.
• Stand firm as advocates of your interests in court.

Common Causes of Pedestrian Accidents in New York

The streets of New York are not designed to accommodate a high number of pedestrians; add to that driver error and poorly maintained roads, and you’ve got a recipe for pedestrian accidents. Based on the Department of Transport and our own experience, the most common causes of pedestrian accidents include:

• Distracted drivers
• Failure to slow down at crosswalks
• Speeding
• Running stop signs and red lights
• Drunk driving
• Road rage
• Left-turn accidents
• Poorly designed intersections

Common Injuries Seen in Pedestrian Accidents

The extent of the injuries you suffer in a pedestrian accident will depend on the circumstances of your accident. If you’re lucky, you’ll walk away with nothing but a scratch, but most pedestrians aren’t so lucky, and the injuries they sustain can be severe and life-altering. Some of the most common injuries seen in pedestrian accidents are:

• Head and Traumatic Brain Injuries
• Spinal cord injuries and paralysis
• Road Rash
• Fractures and broken bones
• Damage to internal organs
• Soft tissue injuries
• Amputations

Steps to Take in the Aftermath of a Pedestrian Accident

As New York pedestrian accident lawyers, we’re often asked what are things that should and shouldn't be done in the aftermath of an accident. While we understand that the situation can be overwhelming, know that taking these particular steps is crucial to protecting your health, legal rights, and the ability to seek compensation from those responsible. Therefore, the steps that should be taken include:

• Call 911 to inform law enforcement and seek immediate medical treatment.
• Inform your insurance provider of the accident as soon as possible.
• If possible, try to collect any and all available information while at the scene of the accident.
• Contact a New York pedestrian accident attorney to understand your rights and liabilities.
• Do not admit fault or apologize. Such statements can be used to reduce your compensation.
• Do not post about the accident on social media.
• Do not make any official statements or representations without clearing it with your attorney.
• Do not accept the first settlement offer presented by the insurance company, since they are likely to be lower than the actual value you could claim.  

Types of Legal Action in Pedestrian Accident Cases

When looking to claim compensation for pedestrian accidents, you must file an insurance claim. Since pedestrian accidents in New York are covered under ‘No-Fault’ insurance, the insurance provider is legally obliged to compensate you, regardless of fault. However, in most cases, the compensation provided may not be sufficient to cover all the costs, thus compelling individuals to take legal action against those responsible. Depending on the circumstances of your accident, the various types of lawsuits that can be considered include:

Personal Injury

These lawsuits are filed when the accident that caused the injuries was the result of the at-fault party’s negligence. The injured party must prove that there was a duty of care (all drivers owe a duty of care to pedestrians and other drivers), their actions breached the duty of care, the breach caused the accident, and you suffered injuries as a result.

Wrongful death

Under New York law, if a pedestrian is killed in an accident, the executor of their estate may file a wrongful death lawsuit against the party at fault. This suit will be filed on behalf of the surviving family members, and the proceeds will be held and distributed in accordance with priority.

Damages Available To Pedestrian Accident Victims

The damages you claim as the victim of a pedestrian accident should account for both the tangible and intangible losses you’ve suffered. As such, the damages that can be claimed include economic, non-economic, and punitive damages. The economic damages account for tangible losses and include medical expenses, lost wages, damage to property, etc.

On the other hand, non-economic damages account for intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Punitive damages may be awarded by the court in cases of extreme negligence and recklessness. The idea is to punish the offending party and deter similar behavior in the future.

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