A pedestrian accident is a traffic accident in which one or more pedestrians—a person walking on foot—suffers an injury. This injury could be caused by a direct blow from a vehicle, flying debris, or the impact of hitting the road or a stationary object.
You could be entitled to sue the at-fault driver for compensation. The Long Island pedestrian accident lawyers from our firm represent pedestrians who sustained serious injuries through no fault of their own and want to hold the liable party accountable.
- Examples of Pedestrian Accidents
- Laws Designed to Prevent Pedestrian Accidents
- How Do Pedestrian Accidents Happen?
- What to Do After a Pedestrian Accident
- Let Our Pedestrian Accident Attorneys Fight for You
Examples of Pedestrian Accidents
Since a pedestrian accident is any collision between a person on foot and any vehicle—including cars, trucks, buses, motorcycles, and bicycles—such crashes can take many forms, including but not limited to:
- Directly hitting or sideswiping a pedestrian who is trying to cross the road
- Jumping the curb and hitting pedestrians on the sidewalk
- Coming close enough to the pedestrian that they hurry to get out of the way and, in the process, sustain an injury when they fall to the ground, trip over something, or collide with another object
- A single- or multi-car accident that sends debris flying at nearby pedestrians
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Laws Designed to Prevent Pedestrian Accidents
New York Vehicle & Traffic Article 27 lays out the various rules that pedestrians must follow, as well as the rights they are entitled to. For example:
- Pedestrians generally have the right of way at a crosswalk, although they may forfeit that right if they dart into the crosswalk suddenly and without giving drivers the chance to avoid them.
- Pedestrians always have the right of way on the sidewalk. If a car pulls out of a driveway while a pedestrian crosses the sidewalk behind them, the car must yield.
- Pedestrians should use sidewalks when they are available. If there is no sidewalk, they should try to stay as far to the left-hand side of the road as possible, facing oncoming traffic.
How Do Pedestrian Accidents Happen?
Pedestrian crashes are often the result of negligence. A driver might:
- Fail to yield to a pedestrian who has the right of way based on their position in the crosswalk, traffic lights, and/or traffic signs
- Drive so fast that they cannot stop in time to avoid hitting the pedestrian
- Be distracted by something (e.g., a cell phone) and not notice that a pedestrian has crossed in front of them
Other Liable Parties in Pedestrian Crash Cases
In some cases, the driver might not be at fault or might be only partly at fault. This could be the situation if, for instance, the driver lost control due to a defect in the roadway. In this case, the local municipality may be held liable.
Finally, there are some cases where the pedestrian was at fault for not yielding the right of way or being too intoxicated to follow traffic laws.
Consequences of Pedestrian Collisions
The aftermath of a pedestrian crash is often dire, especially for the pedestrian. Vehicles protect those inside, while pedestrians have nothing to shield them from the crash impact. As the National Highway Traffic Safety Administration (NHTSA) reports, over 67,000 pedestrians were injured nationwide in 2022.
Since most vehicles, even bicycles, are faster than a person, they have the potential to inflict severe injuries, including:
- Traumatic brain injuries
- Spinal cord injuries and other back injuries
- Road rash
- Crushed or broken bones
- Deep cuts and lacerations
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What to Do After a Pedestrian Accident
You should always prioritize your health after a motor vehicle accident. This could involve getting out of the road (if possible) and dialing 911 to bring emergency help to your location. After taking care of your immediate needs, consider doing the following:
Collecting Evidence of the Pedestrian Collision
Use your cell phone to photograph the accident scene. Talk to the driver and write down their insurance information, name, phone number, and address. If the driver has already fled, make note of what you remember about them or ask witnesses to tell you what they saw.
Pursuing Damages That Cover Your Accident Injuries
There really is not an “average” pedestrian accident settlement that you should aim for. Instead, you should seek appropriate compensation for everything you lost or expect to lose in the future because of this crash. Types of damages you might be eligible for include:
- Medical costs
- Property damage
- Loss of wages or earning capacity
- Impaired quality of life
- Pain and suffering
- Disability
You have a limited time to take action. This is due to legal deadlines like New York Civil Practice Laws & Rules § 214, as well as the temporary nature of many forms of evidence. To build the strongest possible case, it is best to start promptly while the evidence is fresh and there is no question of your right to sue. The sooner you reach out to our firm, the greater our opportunity to build the strongest case possible for you.
Speaking to Our Pedestrian Accident Lawyers
You are a layperson who has just suffered grievous injuries. Trying to manage a legal case on your own could make it much more difficult to get the damages your family deserves. Our pedestrian accident law firm would be happy to make the legal process easier by:
- Keeping you updated and informed throughout your case so that you know what is happening and have plenty of chances to ask for advice or guidance
- Investigating the circumstances of your pedestrian accident case, including identifying the at-fault party while establishing that you did nothing wrong
- Confronting the liable party on your behalf and communicating with anyone representing them, including attorneys and insurance companies
- Gathering evidence that shows how the liable party violated your rights as a pedestrian and how this violation led directly to your current situation and suffering
- Quantifying both economic and non-economic losses to make sure the liable party’s insurer pays you back appropriately for everything the crash took from you
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Let Our Pedestrian Accident Attorneys Fight for You
A pedestrian accident is a devastating, potentially life-altering event. Call Friedman & Simon, L.L.P., for a free consultation today. Our lawyers balance compassionate care for our clients with an aggressive representational style that has allowed us to recover over $250 million for injury victims.
Call or text 516-932-0400 or complete a Free Case Evaluation form