19 Mar Pedestrian Accident Claims: Getting Compensation

Pedestrian Accident Claims: Getting Compensation in New York

New York’s busy streets and highways make pedestrian accidents a daily tragedy. Whether you were struck while crossing in a crosswalk, walking along the shoulder, or navigating a parking lot, being hit by a vehicle can cause life-threatening injuries. Pedestrians have zero protection against the force of an automobile, meaning the injuries sustained are often catastrophic. If you or a loved one was hurt in a pedestrian accident, understanding your legal rights is the essential first step toward recovery.

New York Pedestrian Rights and Driver Duties

New York law grants significant rights to pedestrians. Drivers must yield to pedestrians in marked and unmarked crosswalks. They must exercise due care to avoid striking pedestrians, regardless of who has the legal right of way. Speeding near pedestrians, failing to stop for pedestrians in crosswalks, running red lights, and inattentive driving are all common forms of driver negligence that contribute to pedestrian accidents.

Common Causes of Pedestrian Accidents

Pedestrian accidents are most often caused by driver negligence. Common causes include drivers failing to yield at crosswalks, distracted driving (texting, talking on the phone), failure to stop at red lights or stop signs, driving under the influence of alcohol or drugs, speeding, and making turns without checking for pedestrians. Poor road design, inadequate lighting, and obstructed crosswalks also contribute to pedestrian accidents. In some cases, the pedestrian may share some responsibility — for example, by jaywalking or crossing against a signal — but under New York’s comparative negligence rule, they can still recover compensation.

Injuries Commonly Suffered by Pedestrians

Because pedestrians have no protection in a vehicle collision, the injuries they suffer tend to be extremely severe. Common injuries include traumatic brain injuries, spinal cord injuries and paralysis, pelvic and leg fractures, internal organ damage, severe lacerations and road rash, and death. These injuries often require extensive medical treatment, rehabilitation, and long-term care, leading to enormous financial losses for victims and their families.

Pedestrian Fatalities

Pedestrian fatalities account for a significant percentage of traffic deaths in New York. When a pedestrian dies as a result of a vehicle accident, their family may pursue a wrongful death claim against the negligent driver. Wrongful death claims can recover funeral and burial expenses, medical bills incurred before death, lost financial support the deceased would have provided, and damages for the survivors’ grief and loss of companionship.

Compensation Available in Pedestrian Accident Cases

Pedestrian accident victims may be entitled to substantial compensation due to the severity of typical injuries. Available damages include all medical expenses — past, present, and future — including emergency surgery, rehabilitation, and long-term care. Lost wages and future earning capacity are also recoverable. Pain and suffering, emotional distress, and loss of enjoyment of life can be significant components of a pedestrian accident settlement or verdict. Property damage and out-of-pocket expenses round out the available compensation.

New York’s No-Fault Insurance and Pedestrians

Even though pedestrians don’t own the vehicle, New York’s no-fault insurance law covers them as well. A pedestrian struck by a vehicle is entitled to PIP (Personal Injury Protection) benefits through the vehicle that struck them, or through their own household’s auto insurance policy if one exists. These benefits cover initial medical expenses and a portion of lost wages. For serious injuries meeting the threshold, pedestrians can also pursue a personal injury lawsuit against the at-fault driver.

Contact Our Pedestrian Accident Attorneys

At Tannenbaum, Bellantone & Silver, P.C., we have fought for pedestrian accident victims across Long Island and New York City, helping them secure the compensation they need to rebuild their lives. If you were injured while walking in New York, our experienced personal injury attorneys are ready to fight for you. Contact us today for a free consultation.