
In recent years, the tri-state area has experienced a significant increase in pedestrian injuries and death, increasing 51% since 2009. More trucks, cars and motorcycles fill our streets and drivers are alarmingly distracted by their smartphones, increasing the danger to pedestrians.
According to the National Highway Traffic Safety Administration, 6,205 pedestrians were killed in auto accidents in 2019., while the number of pedestrian fatalities in traffic accidents rose 35 percent from 2008 to 2017. Unsurprisingly, pedestrian deaths due to hit-and-run accidents are also at an all-time high.
Pedestrians injured in car crashes often suffer severe injuries, as they are not protected in any way from the force of the impact. Victims and their family members must cope with significant medical bills, lost income and emotional distress.
Our pedestrian accident attorneys are here to help you navigate this difficult time in your life. We approach the attorney-client relationship with care and sensitivity while using our decades of experience to get you the fair compensation you deserve for your personal injury or wrongful death lawsuit.
7 Common Causes of Pedestrian Accidents
- Distracted Driving
Distracted driving has been a major hazard on the roads for decades, even before the widespread use of cell phones and mobile devices. Drivers have always been susceptible to distractions like eating, adjusting the radio, tending to passengers, or even reading while behind the wheel. However, the prevalence of smartphones and infotainment systems has increased the problem significantly in recent years. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving claimed 3,522 lives in a recent year. Distractions can take a driver's eyes off the road, their hands off the wheel, and their mind off the task of driving, dramatically increasing the risk of colliding with a pedestrian or other obstacle. Many states have enacted laws prohibiting texting while driving or the use of handheld devices to curb distracted driving. However, distraction remains a persistent issue that requires drivers to make a conscious effort to keep their eyes, hands, and minds focused on the road at all times. - Speeding
A busy city street crosswalk with people in a hazardous situation.Driving above the posted speed limit is consistently one of the leading causes of motor vehicle accidents, including those involving pedestrians. In fact, a recent study found that for every 1% increase in a vehicle's speed, the likelihood of being involved in a crash increases by 2%. Speeding not only increases the chances of a collision but also the severity of injuries sustained. The study revealed that for every 1% increase in speed, the risk of serious injury rises by 3%, and the likelihood of a fatality increases by approximately 4%. Excessive speed reduces a driver's reaction time and increases the distance required to bring the vehicle to a complete stop, making it more difficult to avoid collisions with pedestrians or other obstacles. Speeding also magnifies the forces involved in a collision, leading to more severe injuries for pedestrians who lack the protective structure of a vehicle. - Failing to Yield the Right of Way to Pedestrians at Crosswalks
Pedestrians have the legal right of way at marked and unmarked crosswalks, even when there are no crossing lights or signals present. However, many drivers fail to yield to pedestrians in these designated crossing areas, leading to a significant number of accidents and injuries. Interestingly, studies have shown that drivers are more likely to fail to yield when making left turns than right turns. This is often because drivers are focused on looking for gaps in oncoming traffic when turning left, and they may not notice pedestrians in the crosswalk until it's too late. - Disobeying Traffic Signs or Signals
While many people assume that running red lights or stop signs is a major contributor to pedestrian accidents, the data suggests otherwise. Studies have found that more than 10% of stop sign accidents involve a vehicle running through the intersection without stopping. More commonly, drivers do stop at intersections but then either fail to notice pedestrians in the crosswalk or fail to yield the right of way to them. In fact, 70% of crashes at intersections controlled by stop signs are caused by drivers who stop but then fail to yield to pedestrians. The statistics are slightly different for intersections controlled by stoplights, but the underlying issue remains the same – drivers who disregard traffic signals or fail to properly scan for pedestrians are a significant hazard. - Failing to Signal While Turning
Pedestrians have a responsibility to exercise caution and follow traffic laws, such as using designated crosswalks and obeying signals. However, they also rely on drivers to signal their intentions clearly, particularly when making turns at intersections. A self-report study found that over half of Americans don't use their turn signals when they should. When drivers fail to signal their intention to turn, pedestrians may step into the crosswalk, unaware of the impending turn, leading to a collision. Even if a pedestrian is technically in the wrong by entering the crosswalk without the signal, the driver's failure to signal their turn can shift liability for the accident onto them under comparative negligence laws. - Disregarding Weather or Traffic Conditions
Many traffic laws require drivers to travel at a prudent speed, taking into account weather, traffic conditions, and other factors, regardless of the posted speed limit. Disregarding these conditions and driving at or above the posted limit when it is unsafe can result in the driver being held liable for a pedestrian accident, even if the pedestrian contributed to the crash in some way. Drivers have a responsibility to adjust their speed and driving behavior based on environmental conditions to ensure they can safely navigate the roadway and avoid collisions with pedestrians or other obstacles. - Driving Under the Influence of Drugs or Alcohol
A man holding a alcohol bottle and drinking alcohol while driving a car.Impaired driving, whether due to alcohol, illegal drugs, or even certain prescription medications, significantly increases the risk of causing a pedestrian accident. According to the Insurance Institute for Highway Safety (IIHS), intoxicated drivers are responsible for 13% of all pedestrian accidents. Even a single alcoholic beverage can begin to impair a driver's ability to perceive and react to hazards on the road. After just a few drinks, an average person may experience reduced judgment, impaired coordination, dulled alertness, and a decreased ability to detect moving objects, all of which can lead to collisions with pedestrians. Driving under the influence is not only illegal but also represents a significant threat to the safety of pedestrians and other road users. Drivers have a responsibility to remain sober and alert while operating a vehicle to avoid causing preventable accidents and injuries.
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What are the Most Common Injuries Suffered in Pedestrian Accidents?
The majority of pedestrians involved in traffic accidents suffer significant injuries requiring medical treatment. Some of the most common injuries include:
- Broken Bones - Broken bones are the most common injury suffered by pedestrians in car accidents, with commonly broken bones including the arms, wrists, elbows, hips, femur, tibia, ankles and knees.
- Traumatic Brain Injury - When hit by a motor vehicle, pedestrians are often thrown onto the ground, leading to significant head injuries.
- Spinal Cord Injuries - The severe trauma of a collision with a motor vehicle can shatter a pedestrian's spine, resulting in a lifelong impact upon the victim's quality of life.
The Rothenberg Law Firm will fight to make sure you are fully compensated for your medical expenses and other losses.
Risks of Electric Scooters: Get the Facts
While electric scooters may be extremely popular, research has suggested that they are also dangerous. When it comes to accidents and personal injuries, the following are facts and figures from the U.S. Centers for Disease Control and Prevention (CDC):
- Per 100,000 e-scooter trips taken, about 20 riders are injured;
- Approximately 50% of all e-scooter injuries are head injuries;
- Around half of all riders who were injured reported sustaining a severe injury, ranging from bone fractures, injuries to a nerve, tendon, or ligament, severe bleeding, and/or organ damage;
- Of the riders who sustained a severe injury, almost 85% suffered a bone fracture along with other types of injuries;
- 50% of e-scooter riders who get injured suffer injuries on streets, while about one-third or 33% sustain injuries in sidewalk accidents; and
- Cars and other motor vehicles factor into about 16% of all e-scooter injuries.
If you were injured in a scooter accident or another pedestrian accident, you should speak with an accident attorney about your case.
Can I Handle My Case on My Own, or do I Need a Pedestrian Accident Attorney?
After an accident, many injured pedestrians hope to settle the matter quickly and move on with their lives as soon as possible. With this in mind, many people try to handle their injury claim on their own, without getting help from a lawyer.
It is important to realize that those representing the negligent party, almost always an insurance company, will be attorneys whose goal is to pay you as little as possible. In many cases, insurance companies will calculate the value of a claim based on how assertive they believe the injured pedestrian will be. When the other side sees that you have retained an attorney to fight for you, they will know that you can't be taken advantage of.
In certain circumstances, your own insurance policy may be required to compensate you for some or all of your injuries. Our experienced attorneys can ensure that the insurance adjuster properly evaluates the full extent of the damages you have suffered.
It is critically important to obtain essential legal advice from an experienced pedestrian accident lawyer who will fight to protect your legal rights. A pedestrian accident attorney at The Rothenberg Law Firm Accident and Injury Lawyers will take your case on a contingency fee basis, which means our lawyers are only compensated following a successful recovery for you.
Call us today for a free, no obligation consultation.
What should I do if I have been in a Pedestrian Accident?
First and foremost, attend to your own physical well-being and safety. Even if you think your injuries are minor, it is important to get a medical examination as quickly as possible. Documenting the state of your health following an accident may be crucial later on for a settlement or legal action.
Calling the police is essential, even if the other parties to the accident are friendly and the police appear to be unnecessary. A police report contains critical information that will be important later on.
It is also important to get the names and contact information of any witnesses to the accident. Witnesses are important because they can furnish evidence as to whose negligence caused your injuries.
Try to document the scene of the accident by taking photos of the road conditions, vehicles involved in the accident and any other information about the accident.
Finally, contact a pedestrian accident lawyer as soon as possible. An attorney can gather the necessary experts to bolster your claim against the negligent party and maximize your compensation.
How Can Our Pedestrian Accident Help Your Case?
When you are injured in a pedestrian accident through no fault of your own, you may have the opportunity to pursue a personal injury lawsuit. You are under no obligation to hire an attorney to handle your case for you, but there are many benefits that come with relying on skilled legal counsel.
Some of the ways our pedestrian accident attorneys can help with your case include the following:
- Evaluate your case. Unless you have a background in personal injury law, you likely do not have a clear picture of the value of your case or your chances of success. Our firm can review the facts of your pedestrian accident following a comprehensive investigation.
- Advise you. Before we negotiate a settlement or file a lawsuit, there are decisions to make. Our firm could advise you on your time frame for filing a pedestrian accident lawsuit. We can also help you understand the strengths of your case as well as any pitfalls you might encounter.
- Negotiate on your behalf. Often, pedestrian accident claims are resolved through a settlement agreement. Our team of attorneys can negotiate on your behalf to help you get the best possible outcome.
- Litigate your case. Lawsuits are not always necessary for pedestrian accident claims. However, our team can handle every aspect of litigation when filing a lawsuit is in your best interest. This includes the early stages of a lawsuit through the final moments of a jury trial.
These are only a few ways our attorneys could help you maximize your financial compensation following a pedestrian accident. If you have more questions regarding your options, now is the time to ask. Reach out for a free consultation right away to learn more.
Call Today for a Free Consultation with an Experienced Personal Injury Attorney for Help with your Pedestrian Accident Case
If you or a loved one has suffered a pedestrian injury, the experienced personal injury lawyers at The Rothenberg Law Firm Accident and Injury Lawyers can provide the legal help you need to manage your pedestrian injury case and maximize your financial compensation. Contact us at 1-800-624-8888 or fill out a free online case evaluation form. The initial consultation and case review are always FREE. If we pursue your case, there is no legal fee unless we are successful in getting you money.
Timing is important because the statute of limitations affects how long you have to file a pedestrian accident claim. Don't delay, contact The Rothenberg Law Firm today.
The Rothenberg Law Firm services clients in New York, New Jersey and Pennsylvania with co-counsel throughout the United States.
If you or a loved one has been injured in a a pedestrian accident call us today for a free consultation.