All traffic accidents can have serious consequences, but pedestrian accidents are among the worst. When an automobile collides with another, airbags and other safety equipment can protect its occupants from the impact. However, when a car strikes an individual, nothing protects them.
If you or a loved one was injured in a pedestrian accident in New York, you may recover financial compensation. Enlisting a knowledgeable New York City pedestrian accident lawyer at The Rothenberg Law Firm can help you get the full value of your claim. If we take on a case, it is because we believe in it and invest effort and expense to seek justice for each injured client.
New York City Pedestrian Accident Guide
- Why Choose Us as Your New York Pedestrian Accident Attorneys
- New York Pedestrian Accident Statistics
- What Causes Pedestrian Accidents?
- How to Recover Damages After a Pedestrian Accident
- How Long Do I Have to Seek Compensation After a Pedestrian Accident in New York?
- Common Pedestrian Accident Injuries
- How Much Is My Pedestrian Accident Case Worth?
- Proving Fault in Pedestrian Accident Cases
- Call a Pedestrian Accident Lawyer Before Speaking to the Insurance Company
- How Much Does it Cost to Hire a Pedestrian Accident Attorney?
- Contact The Rothenberg Law Firm for a Free Consultation
Why Choose Us as Your New York Pedestrian Accident Attorneys
At every step of the legal journey, we stand by your side. With The Rothenberg Law Firm, you're not just opting for a pedestrian accident attorney, but embracing a compassionate ally in your fight for justice. Our track record reflects our proficiency in law and the depth of our care for every client we serve.
Unwavering Commitment
Our commitment extends beyond the courtroom; we are invested in your well-being at every level. Our goal is to secure a favorable outcome for your case and ensure that you feel supported and understood throughout the process.
Proactive, Not Reactive
While many law firms react to situations as they develop, we believe in being a step ahead. Our proactive approach ensures we foresee potential issues before they arise and prepare strategic responses.
Collective Experience
Our team's combined experience in diverse legal areas ensures that you're receiving a comprehensive analysis of your situation. We collaborate internally to provide you with the best advice and representation. Our 50 years of successful practice and record-breaking compensation recovery mean that you're putting your case in trusted hands.
We Put You First
Our foundational principle is to put our clients first. We understand that legal battles can be overwhelming. That's why we prioritize bearing the weight of the burden, giving you the space to focus on your recovery and peace of mind.
New York Pedestrian Accident Statistics
New York is a bustling state full of local and out-of-town pedestrians. Though all this foot traffic creates busy cities like Albany, Buffalo, and NYC, it also means that pedestrian accidents happen way too often. According to the New York State Department of Health, 300 pedestrians are killed, and 15,000 are injured each year, with more than 3,000 admitted to the hospital annually.
In New York City, more pedestrians and cyclists are losing their lives to traffic accidents, and drivers are often to blame. With distracted driving, speeding, and other negligent behaviors on the rise, pedestrians are at an increased risk on New York's roads and sidewalks.
What Causes Pedestrian Accidents?
Many factors can contribute to a pedestrian accident in New York City. However, the root cause of most of these is some type of driver negligence. When a negligent driver fails to look out for the safety of others on the road, injured pedestrians have the right to hold these individuals accountable for the harm they suffer as a result.
Distracted Driving
Drivers distracted by cell phones, eating and drinking, or taking their eyes off the road are among the most common causes of pedestrian accidents in New York. When drivers take their eyes off the road for just a few seconds to check their phones or the GPS, they may fail to notice pedestrians crossing their paths. Drivers should eliminate distractions that could lead to tragic results.
Drunk Driving
Alcohol-impaired drivers pose a significant risk to pedestrians. Even moderate consumption could reduce the capacity to perceive pedestrians timely, leading to horrific accidents. Drivers must understand the severe consequences of their actions, where a moment of poor judgment could shatter lives irreparably.
Aggressive Driving
Speeding, sudden lane changes, and failing to yield right-of-way can all increase the risk of collisions with pedestrians on nearby streets or sidewalks. All drivers should maintain safe speeds and practice defensive driving techniques.
Vehicle Defects
Negligence on the part of auto parts manufacturers also contributes to pedestrian accidents. For example, suppose a car's brakes fail or other mechanical issues make it difficult for drivers to control their vehicles effectively. In that case, they might be unable to avoid hitting pedestrians.
Hazardous Road Conditions
In New York's varied climate, poorly maintained roads with potholes or uneven surfaces can cause drivers to lose control of their vehicles and potentially strike unsuspecting pedestrians nearby.
Drivers who drive too fast for weather conditions or ignore road closures and traffic signs are a great danger to New York City pedestrians.
How to Recover Damages After a Pedestrian Accident
Pursuing a personal injury claim can seem like an overwhelming process, especially when dealing with injuries.
When you ally with our New York pedestrian accident lawyers, you know that we'll help you through the process from start to finish.
- Immediately After the Accident: Following the accident, your immediate acts should include ensuring safety, notifying authorities, seeking medical attention, and documenting the scene as comprehensively as possible.
- Your Free Consultation: As your next step, consult a knowledgeable pedestrian accident lawyer. They will guide you through your legal options, help you understand the claim process, and begin advocating for your rights immediately.
- Investigation: Your attorney will conduct a thorough investigation into the accident, gathering vital evidence such as photos, accident reports, medical records, witness statements, and more.
- Communication with Insurers: Your attorney will inform the negligent party's insurance company of your intent to file a claim. Your attorney will manage all communication from that point forward to protect your interests.
- Calculation of Damages: Damages aren't just physical but also mental and financial. Your lawyer will work with medical and financial experts to determine the full extent of your damages, including projected future costs.
- Negotiation: Upon establishing the claim's value, your attorney will negotiate for a fair settlement with the insurer. If negotiations are successful, this phase might conclude the claims process. If a fair settlement can't be reached, your attorney will prepare a lawsuit and file it in court. This initiates the discovery phase, during which both sides gather further evidence. Most cases settle before trial, but if other parties are unwilling to reach a resolution, your case may proceed to court for a trial by judge or jury, where your lawyer will represent your case.
Every case is different, and the exact process may vary based on specific circumstances. However, having a skilled attorney by your side can navigate the complex legal landscape
How Long Do I Have to Seek Compensation After a Pedestrian Accident in New York?
In New York, the statute of limitations for personal injury claims, including pedestrian accidents, is three years from the accident date. This means an injured victim has three years to file a lawsuit or seek other compensation from the negligent party. If they fail to do so within this timeframe, they may be barred from pursuing any form of legal relief or damages.
The statute of limitations may sometimes be extended. For example, minors are entitled to longer statutes of limitations. Given the complexity of these laws and how quickly time can pass following an accident, victims must contact an experienced attorney as soon as possible. An attorney can help ensure that all applicable deadlines are met and that victims get full and fair compensation for their injuries and losses.
At The Rothenberg Law Firm, our attorneys are dedicated to helping pedestrians injured in car accidents throughout New York secure maximum compensation for their losses. We've recovered billions for our clients and have been helping injured people for over 50 years.
Common Pedestrian Accident Injuries
Pedestrian accident injuries can be overwhelming, severe, and life-altering. The immediate physical pain is often accompanied by staggering medical bills and an overwhelming burden of other costs. The most serious consequence of these accidents is pedestrian fatalities. If a victim does not survive their injuries, an attorney in New York can help family members and the estate to file a wrongful death lawsuit.
Accident survivors' recovery may require months or years of intense rehabilitation.
Common injuries sustained include:
- Broken bones
- Internal bleeding
- Loss of limbs
- Spinal cord injuries
- Neck injuries
- Traumatic brain injuries
- Soft tissue injuries
Even if you think you haven't suffered severe injuries, you must seek medical attention as soon as possible after your accident. Many common types of pedestrian injuries, such as soft tissue damage and head trauma, don't show symptoms right away. Your attorney will be able to use records of these medical expenses and treatments to strengthen your claim for compensation.
How Much Is My Pedestrian Accident Case Worth?
In addition to immediate medical expenses, injured pedestrians can seek compensation for loss of wages due to inability to work, decreased earning capacity for long-term serious injuries, costs of future medical care, and non-monetary damages such as pain and suffering.
Legal representation can play an instrumental role in assisting accident victims in fighting for rightful compensation that covers these overwhelming costs. Remember that you don't have to navigate this alone. With the right representation, the journey towards financial recovery can become a path more bearable.
Proving Fault in Pedestrian Accident Cases
When pedestrians are involved in an accident, they must prove that another party was at fault to recover compensation for their losses. A pedestrian accident lawyer can use evidence to demonstrate that the other party acted carelessly and that their negligence directly caused the pedestrian's injuries.
Evidence in a pedestrian accident case may include police reports, eyewitness testimony, and photographs of the scene. Your New York pedestrian accident lawyer can help you navigate this process and ensure all relevant evidence is collected and presented effectively.
Our team is highly skilled in proving fault in pedestrian accident cases.
We take all available steps to identify potentially liable parties, including the:
- Drivers
- Municipalities responsible for road maintenance and upkeep
- Employers of negligent drivers
- Vehicle manufacturers
We also understand the importance of protecting our client's rights when negotiating settlements with insurance companies or filing lawsuits against negligent parties.
Call a Pedestrian Accident Lawyer Before Speaking to the Insurance Company
Insurance companies function as businesses, often prioritizing their bottom line over the needs of accident victims. They may employ various tactics to minimize your compensation, including denying or lowballing claims. But remember, you don’t have to accept an unfair offer. We're here to protect your rights and fight the insurance company on your behalf.
We thoroughly investigate your accident to gather the evidence needed to solidify your claim and establish the other party's liability. We work with medical professionals and economic experts to accurately quantify your physical, emotional, and financial damages after a pedestrian accident.
This includes immediate medical costs, long-term rehabilitation costs, lost wages, lost earning capacity, and non-economic losses like pain and suffering.
If the insurance company refuses a fair settlement, we are prepared to help you file a pedestrian accident lawsuit. If necessary, we will present a strong and persuasive case in front of a judge or jury to ensure you get every cent you deserve for your injuries.
How Much Does it Cost to Hire a Pedestrian Accident Attorney?
Our services are offered on a contingency fee basis. That means we only get paid if we successfully get you the compensation you're entitled to. By linking our fees to the success of your case and being transparent about costs, we aim to offer top-tier, affordable, risk-free legal services. You deserve committed representation, and we ensure that financial considerations never compromise that.
Contact The Rothenberg Law Firm for a Free Consultation
We are dedicated advocates for pedestrian accident victims, striving to obtain the best possible outcome through settlement negotiations or at trial if necessary.
Our skilled New York City personal injury attorneys can review your case and determine if you have a viable personal injury claim. We have decades of experience handling the most complex personal injury matters and work tirelessly to pursue the full scope of damages you may be entitled to. In addition, we work on a contingency basis, so there are no upfront legal fees. We do not take any money from you unless and until we win your case.
Contact us or call (800) 624-8888 for your free consultation.
The Rothenberg Law Firm LLP - New York City Office
450 7th Avenue 44th Floor,
New York, NY 10123