New York City (NYC) Pedestrian Accident Lawyer
Perhaps the only form of traffic in New York City that outnumbers vehicles is pedestrian traffic. Pedestrians should be able to walk the street safely, and negligent drivers who cause accidents should be held accountable.
Although pedestrians outnumber cars, they are very vulnerable to accidents with vehicles. If a car strikes a pedestrian on a sidewalk or crosswalk, the pedestrian might suffer catastrophic injuries while the driver is largely unharmed. In most cases, these collisions are caused by driver negligence. Immediately after an accident, injured pedestrians should call for emergency medical assistance. They should also contact the police to file a report and an attorney to discuss legal options. Injured pedestrians with auto insurance may be covered by their no-fault personal injury protection (PIP) policy. For those without insurance, filing a personal injury lawsuit against the driver is one important option to consider. A lawsuit can help you recover both economic and non-economic damages.
If you were hit by a car in New York City while walking down the street, along a sidewalk, or in a crosswalk, you can sue that driver for compensation. Call The Carrion Law Firm at (718) 841-0083 for a free case review.
How NYC Pedestrian Accidents Can Happen
New York City is one of the largest cities in the world and is known for its dense urban sprawl. With so many vehicles and pedestrians traveling through the city at any given time, pedestrian accidents are unfortunately common. Talk to our NYC pedestrian accident attorneys about how and where your accident occurred, and we can help you get started on legal action for compensation.
Many pedestrian accidents happen on sidewalks. Sidewalks are meant only for pedestrian foot traffic, and vehicles on sidewalks are dangerous and often illegal. Vehicle drivers sometimes lose control of their cars and run up on the nearest sidewalk, striking one or multiple pedestrians. Other times, drivers try to take tight turns or take a shortcut to avoid traffic, crossing a sidewalk and striking unsuspecting pedestrians.
Parking lanes typically run in between vehicle traffic lanes and sidewalks. Because of these lanes’ proximity to normal traffic, pedestrians are sometimes hit as they walk to or from their parked vehicles. Drivers must be vigilant and give space to pedestrians in the parking lane, but negligent drivers might cause a serious collision.
Accidents frequently happen in places where pedestrians are permitted to cross traffic lanes. Intersections and crosswalks are safe for pedestrians when drivers follow the law. But drivers who do not stop in time or ignore red lights sometimes hit pedestrians, severely injuring them.
What to Do After a Pedestrian Accident in NYC
Immediately following a pedestrian accident, you should take steps to get help and protect yourself. You should also begin taking steps to protect your legal interests and the possibility of getting compensation for your injuries. Many pedestrians are very badly injured and, understandably, cannot take these steps right away. Our NYC pedestrian accident lawyers can help you explore your legal options once you have sufficiently recovered.
The very first thing you should do is call 911 and get an ambulance dispatched to the accident scene. Some accident victims might feel as if they are not badly hurt, or they are nervous about the medical costs of calling an ambulance. You should never gamble with your health and well-being, and you need to get emergency medical care as soon as possible. In addition to getting help, you can also establish medical records of your injuries that we can use later in our case against the negligent driver.
When you or someone with you calls 911, they should dispatch law enforcement to the scene in addition to the ambulance. If you are conscious when the police arrive, assuming they arrive before the ambulance, you should speak to them about what happened. They will need details from you to compile an official accident report. If you cannot speak to the police until some time later, our NYC pedestrian accident attorneys can help you reach out to them about the crash report.
Finally, you should call a lawyer once you feel up to it. You are likely incurring very expensive medical bills and might have various other damages that need covering. Our legal team can help you file a lawsuit to get these damages covered by the person or people responsible for the collision.
Why You Should File a Lawsuit for an NYC Pedestrian Accident
Although insurance might cover some damages in certain cases, it might not cover everything. A personal injury lawsuit, however, can help you get all your damages covered so you can get back on your feet. Our NYC pedestrian accident attorneys can help you prepare your lawsuit to get the compensation you deserve.
For injured pedestrians, there may also be additional legal hurdles to clear before filing the lawsuit. According to I.S.C. Law § 5104(a), a claimant – including a pedestrian – must have a “serious injury” to recover non-economic losses in a lawsuit. Under I.S.C. Law § 5102(d), a serious injury may include the loss or limitation of a body part, organ, or system, death, broken bones, loss of a fetus, dismemberment, significant disfigurement, or any other bodily impairment that prevents the victim from performing substantially all ordinary daily tasks.
Perhaps the main reason that injured accident victims file lawsuits is to recover the money they have lost. Accidents are not only very painful for pedestrians, but they are also very expensive. While pedestrians can use their car insurance to cover some expenses, not all have car insurance and must pay for everything on their own. A lawsuit can help injured victims pay for their high costs.
You should also consider filing a personal injury lawsuit if you want a sense of justice and closure. Not every pedestrian accident is a criminal offense, and negligent drivers might get away with almost no penalties if you do not hold them accountable in a civil lawsuit. Accidents like these are also very traumatic, and the vindication of a successful lawsuit helps many plaintiffs find the closure they need to move on.
Claiming Damages for a Pedestrian Accident in NYC
When calculating damages, we must consider what kind of damages you can claim and how much they are worth. Economic damages are related to money the plaintiff had to spend because of the accident. Non-economic damages are rooted in the plaintiff’s personal experiences with the accident and aftermath. Our NYC pedestrian accident lawyers can help you accurately calculate your damages to avoid missing out on compensation.
Some examples of economic damages include medical bills, destroyed property, and the value of lost income. Medical bills are likely the largest economic damages a pedestrian accident victim has. In cases where plaintiffs need long-term care, we can add the value of future medical expenses to your total. Plaintiffs also tend to lose a lot of income because they cannot return to work. This loss may be especially significant if the plaintiff is so badly hurt that they cannot return to work indefinitely.
Non-economic damages are more open to interpretation and argument based on the plaintiff’s unique experiences. Emotional and physical suffering might be a major source of damages in pedestrian accident cases, especially where the plaintiff was severely injured. You can also claim non-economic damages related to humiliation or damage to your reputation.
Speak to Our NYC Pedestrian Accident Lawyers in a Free Case Review
If you were hit by a car while walking in New York City or the surrounding area, call our NYC pedestrian accident lawyers for help with your case. Call The Carrion Law Firm for a free case evaluation at (718) 841-0083.