Five of the most common causes of pedestrian accidents involve speeding, drunk driving, distracted driving, time of day, and location. Often, the underlying cause of pedestrian crashes is driver error.
If you or a loved one were injured while walking, a Long Island pedestrian accident lawyer from our firm will fight for your rights. We will prove that a negligent driver’s actions hurt you and fight for compensation.
- Driver Negligence is a Leading Cause of Pedestrian Accidents
- How You Can Recover Compensation After a Pedestrian Accident
- ow Our Pedestrian Accident Lawyers Support Your Claim
- Contact Our Pedestrian Accident Attorneys for Help with Your Claim
Driver Negligence is a Leading Cause of Pedestrian Accidents
According to The Long Island Advocate, there were 485 pedestrian accidents in Nassau County in 2023. Since 2019, more than 55 pedestrians have been fatally injured every year in motor vehicle collisions on Long Island.
Often, when cars strike pedestrians, the root cause is negligent driving. Five of the most common causes of pedestrian accidents include:
Speeding
Vehicle speed is a significant factor in the severity of pedestrian accidents. According to recent data from the Centers for Disease Control and Prevention (CDC), 60 percent of pedestrian deaths happen on roads with a speed limit of 45 to 55 miles per hour.
Traveling at high speeds reduces a driver’s time to react to pedestrians. Higher speeds also create a greater force of impact, leading to more severe injuries.
Drunk Driving
The CDC reports that around one in five fatal pedestrian car accidents involved a driver with a blood alcohol content (BAC) above the legal limit. Similar to speeding, driving under the influence of alcohol or drugs reduces the intoxicated driver’s reaction time.
Impaired driving also causes:
- Impaired judgment
- Lowered alertness
- Impaired balance, speech, vision, and muscle control
- Reduced ability to maintain lane position or brake appropriately
- Loss of vehicle control
Distracted Driving
When drivers are distracted, they may not see or stop for pedestrians. Cell phones are one of the largest sources of distracted driving. The Insurance Institute for Highway Safety (IIHS) reports that in a 2022 survey, over 20 percent of respondents said they had engaged in at least one smartphone-based distraction while behind the wheel. These distractions include texting, watching videos, or scrolling social media on their electronic devices.
Time of Day
More pedestrian accidents happen at night when visibility for drivers is lower. A recent report from the National Highway Traffic Safety Administration (NHTSA) states that 76 percent of pedestrian accident fatalities happen after dark, and another 4 percent occur at dusk.
Location
According to the NHTSA report, over 70 percent of fatal pedestrian accidents happen at non-intersection locations. In addition, pedestrian deaths are more likely to occur on roads with five or more lanes of traffic with more than 25,000 cars per day.
For a free legal consultation, call 516-932-0400
How You Can Recover Compensation After a Pedestrian Accident
New York state follows a no-fault insurance model. No fault, or personal injury protection (PIP) insurance, pays for the covered driver’s medical expenses and other losses after a crash, regardless of who caused the collision. PIP will also cover pedestrian injuries caused by a driver.
According to the New York State Department of Financial Services, motorists must have a minimum of $50,000 in PIP, which will cover the following types of pedestrian accident damages:
- Reasonable and necessary medical expenses
- Up to 80 percent of wages lost from work, up to a maximum of $2,000 per month for up to three years
- Up to $25 per day for up to one year for household services and expenses
- A $2,000 death benefit payable to the estate of a fatally injured party
PIP insurance does not cover compensation for pain and suffering. However, if you have a severe, permanent, or disabling injury, you may qualify to step outside the no-fault system and recover intangible losses with a liability insurance claim or personal injury lawsuit. You may be able to secure awards for physical pain, mental anguish, emotional distress, and diminished quality of life.
A personal injury claim will also allow you to seek the entirety of your lost wages, compensation for lost earning capacity, and additional awards for the wrongful death of a loved one.
What to Do if a Hit-and-Run Driver Cannot Be Located
Unfortunately, nearly 25 percent of pedestrian deaths involve hit-and-run drivers, according to the NHTSA. If a driver who fled the scene or an uninsured motorist caused your injury, you have options for securing compensation.
You can turn to your own PIP or the policy of a family member whom you resided with at the time of the accident. If PIP is unavailable, you or your legal representative should file a claim for coverage with the New York Motor Vehicle Accident Indemnification Corporation (MVAIC, see www.MVAIC.com ). You should file a claim with the MVAIC immediately, as strict deadlines apply.
ow Our Pedestrian Accident Lawyers Support Your Claim
If you or someone you love suffered injuries or died because of a pedestrian accident, please accept our heartfelt condolences. A lawyer with our firm will advocate for your rights. While you focus on healing or helping your family grieve, we will do the work needed to build a solid claim for compensation.
Our law firm will:
- Identify the cause of your pedestrian accident and the liable parties
- Prepare and file PIP insurance claims or seek compensation via the (MVAIC)
- Collect evidence, including photographs, surveillance or cell phone video, eyewitness statements, police reports, and medical records
- Establish your right to step outside the no-fault system (if applicable) and seek additional damages not available through PIP
- Handle emails, phone calls, and meetings with involved parties
- Tirelessly negotiate for the maximum compensation possible
- Take your case to civil court and represent you during a trial if necessary
Why Timely Action is Crucial for Your Pedestrian Accident Claim
New York’s statute of limitations for personal injury is generally three years, according to New York Civil Practice Laws & Rules § 214. You have two years to file a lawsuit for the wrongful death of a loved one under Estates, Powers & Trusts § 5-4.1. If you do not meet these deadlines, you will likely be unable to recover compensation. It is important to note, that while the statutes cited are the most frequently applicable in pedestrian accidents, a shorter statute of limitations and other case-time limits may apply to your case. We will be glad to review these with you in a free consultation so you know what deadlines you are facing and what your best options for legal action are.
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Contact Our Pedestrian Accident Attorneys for Help with Your Claim
For over 30 years, our legal team has fought for injured clients in New York and on Long Island. If a driver hurt you or your loved one in a pedestrian accident, Friedman & Simon, L.L.P. is here to provide you with customized legal services and aggressive representation.
Contact us today for a free consultation with a pedestrian accident lawyer near you.
Call or text 516-932-0400 or complete a Free Case Evaluation form