According to the Centers for Disease Control and Prevention (CDC), a pedestrian is killed nearly every hour in a vehicle collision. Equally astonishing, approximately every seven (7) minutes, a pedestrian is injured by a negligent, distracted, or drunk driver.
What’s more, New York City pedestrians are, in fact, (10) times more likely to suffer fatal injuries than vehicle passengers, and pedestrian fatalities account for more than half of all traffic-related deaths citywide. The New York City Department of Transportation also reports that four times as many fatal pedestrian accidents occur in Manhattan as compared to the other boroughs.
Clearly, pedestrian accidents are a serious concern. As a victim, not only can pursuing a personal injury claim provide the money you need to cover your losses, but it can also help deter future negligent driving. If you have been injured or a loved one has been killed while walking or cycling, it is critical that you stand up for your legal rights.
Pedestrian Fatalities: A Growing Concern
Pedestrian accidents are becoming a serious problem in the U.S. According to the National Highway Traffic Safety Administration (NHTSA), in 2022 alone, more than (7,500) pedestrians were killed, with another (67,000) injured — many requiring emergency medical attention.
Factors like hazardous weather conditions, walking at night, and even the age of the pedestrian contribute to these alarming numbers. Pedestrian fatalities account for roughly 17% of all traffic-related deaths, and a shocking 76% of these fatalities occur at night.
Most pedestrian accidents happen in cities, particularly in areas without sidewalks or proper crosswalks. Many drivers and pedestrians are simply not as alert as they should be. Driving or walking under the influence remains a common factor, as does distracted driving or distracted walking.
In New York, the risks are especially high given the dense urban environment, with pedestrians often having to share space with motorists in dangerous conditions. If you or a loved one has been involved in a pedestrian accident, you have legal rights.
Call the experienced New York personal injury attorneys at Schwartzapfel Lawyers for a free consultation at 516-342-2200. Alternatively, you can schedule your free case evaluation online now.
Who Is Liable In Pedestrian Accidents?
In most pedestrian accidents, the driver of the vehicle is held responsible. Drivers owe a duty of care to pedestrians, meaning they are required to stay alert, especially near crosswalks and intersections.
This duty is even higher when children are involved, as children may not fully understand traffic rules. Pedestrians also have a duty to exercise caution by using crosswalks and obeying traffic signals.
However, accidents can occur due to comparative negligence — where both parties share responsibility. For instance, a pedestrian jaywalking at night may be partially at fault for a car accident.
That said, it’s important to remember that even if you were partially responsible, you might still be entitled to compensation under New York law. In pedestrian accidents, medical bills can pile up quickly.
If you or a loved one has been injured, your medical expenses may be covered by the driver’s car insurance or, in some cases, your own insurance policy. To fully understand your options, it’s always a smart idea to contact a knowledgeable pedestrian accident attorney.
Don’t wait to take action. Call Schwartzapfel Lawyers at 516-342-2200 today for a free consultation and endless peace of mind.
Steps To Take After A Pedestrian Accident
There are several important steps that you should take following a pedestrian accident in order to preserve your best chance at obtaining maximum compensation for your injuries. After any accident, it is important to act quickly. If you wait, evidence can disappear and memories can start to fade, making it more difficult to prove both: (i) who caused the accident, and (ii) the full extent of your injuries and other losses.
Following a pedestrian accident, you should:
- Call 911. The first thing you should always do after an accident is call 911. Even minor accidents can cause serious injuries, and it can be important to have an accident report from the police to help with your claim for compensation.
- Take photos of the accident. Most cell phones these days have built-in cameras. Use your phone to take pictures of your injuries, the car that hit you, the location of the accident, street signs, stop signs, and anything else that might be relevant to your case.
- Collect contact information. Hopefully, the driver stopped and you are able to collect his or her contact and insurance information. In addition, you should seek to obtain names, phone numbers, and email addresses from anyone who witnessed the collision.
- Follow your doctor’s advice. Following your doctor’s advice is important for your health, and it is also important for your personal injury claim. Be sure to attend any follow-up appointments, and follow your doctor’s orders about resting and taking time off from work.
- Contact a skilled attorney as soon as possible. The sooner you contact a seasoned attorney, the sooner you can obtain financial compensation for your medical bills, lost wages, and other losses.
Remember, these are basic tips and do not constitute legal advice. For a full case evaluation, you should speak with a skilled attorney as soon as possible by calling Schwartzapfel Lawyers at 516-342-2200 today.
What Happens If You Get Hit By A Car While Walking?
If you’ve been injured in a pedestrian accident in New York, a few factors can determine how you receive compensation. No-fault insurance laws in New York allow pedestrians to file claims with their own auto insurance policies for medical expenses, regardless of who caused the accident.
But if the at-fault driver was uninsured, your insurance company might also provide compensation under certain coverage plans. In more serious cases, such as when you’ve sustained severe injuries like broken bones or a brain injury, you may need to pursue a personal injury claim against the driver.
A claim can help cover the full extent of your medical treatment, lost wages, and emotional suffering. Working with a seasoned personal injury attorney can help ensure you get the maximum compensation you’re entitled to.
Keep in mind that every case is unique, and the legal process can be complicated. If you’re not sure how to proceed, it’s generally in your best interest to consult with an experienced attorney.
Let Schwartzapfel Lawyers handle the details while you focus on recovery. Call us now at 516-342-2200 or schedule your free consultation online today!
Dealing With Insurance Companies After A Pedestrian Accident
Dealing with insurance companies after a pedestrian accident can be overwhelming. Insurance agents frequently try to minimize their payouts, offering settlements far below what you’re entitled to.
They may claim the injured pedestrian was at fault or use language that downplays your injuries. Unfortunately, settling with an insurance company without skilled legal guidance can leave you in a tough financial situation.
That’s why it’s important to have a seasoned personal injury attorney review any settlement offer before you agree to it. The right attorney can make sure all your medical bills, lost wages, and pain and suffering are accounted for.
Sometimes, the first offer from an insurance company might seem generous, but in reality, it’s designed to save them money — not to compensate you fully.
At Schwartzapfel Lawyers, we have over (150) years of combined experience successfully negotiating with insurance companies. Our team knows the tactics they use and how to ensure you get the compensation you’re entitled to.
We can gather important evidence, like witness statements, the police report, and medical documentation, to build a strong case on your behalf. We can also help determine the full scope of your damages — both current and future — to make sure you’re compensated for everything from medical bills to long-term rehabilitation needs.
Contact Experienced New York Pedestrian Accident Lawyers Today!
The skilled attorneys at Schwartzapfel Lawyers provide experienced, personalized representation for people who have been injured in pedestrian accidents in New York State. Call us now at 516-342-2200 to schedule a free, no-obligation consultation about your case.
No matter your situation, it will be our honor and privilege to fight for you. That said, the clock is running, and your window to file a claim and recover damages may soon close forever.
To keep that from happening, act now and call Schwartzapfel Lawyers today!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
Pedestrian, Bicycle, and Motorcycle Safety | CDC
EDC-7: Nighttime Visibility for Safety | Federal Highway Administration
