Most pedestrian accidents happen at non-intersection locations on urban roads with high speed limits and multiple lanes of traffic. These accidents most commonly occur at night, when visibility is limited.
Understanding the factors that contribute to pedestrian collisions can help you avoid such incidents. In the event of a pedestrian accident, this knowledge may also help you establish a stronger legal case for compensation. A Long Island pedestrian accident lawyer will answer questions specific to your case.
- Negligence Often Contributes to Pedestrian Accidents
- Pedestrian Accidents Are More Common in Cities
- Cars Most Often Hit Pedestrians on Busy Roads Away From Intersections
- Pedestrian Collisions Are More Likely at Night
- Pedestrian Collision Victims Often Qualify for Compensation
- Time Is of the Essence After a Pedestrian Accident
- Start Working With a Pedestrian Accident Attorney Today
Negligence Often Contributes to Pedestrian Accidents
Pedestrian collisions are often preventable with sufficient care and attention by vehicle drivers. A motorist who fails to abide by traffic laws and reasonable safety requirements can cause serious injuries to pedestrians and others sharing the road. Common causes of pedestrian accidents include:
- Distracted driving
- Speeding
- Drowsy driving
- Drunk driving
- Aggressive driving
- Failure to obey traffic signals or yield the right-of-way to pedestrians
If a negligent driver hit you, you may have grounds to pursue compensation through an insurance claim or personal injury lawsuit.
How a Pedestrian Accident Attorney Will Assist With Your Injury Claim
A pedestrian accident attorney will handle your accident investigation, insurance claim, legal filings, evidence gathering, and all communication related to your injuries. Rather than fielding calls from pushy insurance adjusters, you can focus on your recovery while a lawyer manages the legal work.
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Pedestrian Accidents Are More Common in Cities
When more motor vehicles are driving in proximity to more pedestrians, the likelihood of a collision increases. Per the NY Department of Health, approximately 15,000 people are injured in pedestrian accidents in New York annually, resulting in about 3,000 hospitalizations and 300 fatalities.
Most of these accidents occur in New York City and other population centers where high numbers of walkers and drivers interact on roads, sidewalks, intersections, and parking areas.
Cars Most Often Hit Pedestrians on Busy Roads Away From Intersections
The National Highway Traffic Safety Administration (NHTSA) reports that about 73% of fatal pedestrian accidents in 2021 occurred on roadways away from intersections. Most occurred on roads with five or more lanes, high traffic volumes, and speed limits over 30 mph.
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Pedestrian Collisions Are More Likely at Night
Per the NHTSA, visibility plays a significant role in pedestrian accidents. Fatal pedestrian collisions are 80% more likely to occur when the driver cannot see clearly at night, dawn, or dusk.
Walkers with dark-colored clothing in poorly lit areas are more likely to be struck by drivers who overlook them in low-visibility conditions. However, a careless or distracted driver can even strike pedestrians wearing light-colored or reflective clothing.
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Pedestrian Collision Victims Often Qualify for Compensation
Drivers have a legal obligation to obey traffic laws and take reasonable care while on the road. When a driver violates their legal duty and strikes a pedestrian as a result, the driver could be liable for the victim’s medical bills, lost income, and other damages. The types of damages you could recover depend on the details of your accident.
Types of economic and non-economic damages you could recover after a pedestrian collision include:
- Medical treatment costs, such as hospital stays, ambulance transportation, surgery, and rehabilitation
- Medical equipment, devices, and medications, including crutches, canes, and prosthetics
- Diminished income, including missed hours, reduced salary, and lost benefits
- Reduced income potential, if your injuries prevent you from returning to work in your previous capacity
- Property repair and replacement, if your personal belongings were damaged during the accident
- Pain and suffering, including physical, mental, and emotional distress due to your pedestrian accident injuries
- Diminished quality of life and loss of enjoyment
Your personal injury attorney will determine which damages you qualify for and file a claim or lawsuit against the at-fault party.
Hit-and-Run Pedestrian Accidents
If a hit-and-run driver caused your pedestrian accident, you may still have options to recover financial compensation. Sometimes, the authorities will identify the responsible party, allowing you to file a claim with their insurance company or sue them for damages.
If the at-fault driver cannot be located, you could still recover compensation through your personal injury protection (PIP) and other insurance coverage. An experienced pedestrian accident lawyer will explain your legal options based on your case’s details.
Wrongful Death Claims
If you lost a loved one in a fatal pedestrian accident, we extend our sincere condolences for your loss. Our personal injury law firm considers it a privilege to fight for the family members of pedestrian fatalities. Our Long Island wrongful death lawyers are committed to securing compensation and justice for you and your departed loved one.
Time Is of the Essence After a Pedestrian Accident
Each state has a statute of limitations for filing a lawsuit against the responsible party in a pedestrian collision. In New York, you have a limited time to file a personal injury lawsuit (New York Civil Practice Laws & Rules § 214) or wrongful death action (per Estates, Powers & Trusts § 5-4.1).
Failure to file by the legal deadline could prevent you from recovering compensation, so you will likely benefit from speaking with a legal professional as soon as possible after the accident.
Not only will a personal injury lawyer file your claim on time, but if you reach out shortly after the accident, they will also have a better chance of recovering quality evidence from the accident scene, including physical evidence, videos from traffic cameras and businesses, and witness statements.
It is important to note that a shorter statute of limitations may apply to your case. For this reason, among others, we strongly believe it is most prudent to speak with an experienced pedestrian accident lawyer. We invite you to call our firm for a free case review and no-obligation consultation. This way you will know exactly what deadlines you are facing and what your best options for legal action to protect your rights to compensation are.
Start Working With a Pedestrian Accident Attorney Today
If you or a loved one was injured in a pedestrian collision, call Friedman & Simon Injury Lawyers L.L.P. today for a free case review. During your free initial consultation, a member of our legal team will review the details of your accident and provide a no-obligation assessment of your claim.
If we take your case, we will manage every step of your legal claim on a contingency fee basis. Since 1991, we have recovered over $250 million in settlements and verdicts on behalf of injury clients in New York. Let us guide you through the legal process and recover the compensation you deserve.
Call or text 516-932-0400 or complete a Free Case Evaluation form