Pedestrian Accident Injury Lawyer

If you or a loved one has been injured as a pedestrian, the consequences can be life-altering. At Sakkas, Cahn & Weiss, LLP, we understand the severe impact these accidents can have on your life, and we are here to help. As experienced pedestrian accident injury lawyers in New York City, we are committed to fighting for the rights and compensation of those injured on NYC sidewalks and streets. Contact us today for immediate assistance.

What Constitutes a Pedestrian Accident in NYC?

In New York City, where bustling streets and heavy foot traffic are commonplace, pedestrian accidents occur frequently and can have serious consequences. Understanding what constitutes a pedestrian accident is crucial for both pedestrians and drivers to prevent these incidents and for victims to know their rights should an accident occur.

Definition of a Pedestrian Accident

A pedestrian accident involves a collision between a pedestrian and a vehicle. In NYC, these incidents often happen at intersections, crosswalks, and on streets where pedestrians and vehicles share close proximity. Here are some common scenarios:

• Crosswalk Incidents: When a pedestrian is struck by a vehicle while legally crossing the street in a marked or unmarked crosswalk.
• Sidewalk Accidents: Occurs when a vehicle veers off the road and onto the sidewalk, hitting pedestrians.
• Parking Lot Mishaps: Involves vehicles hitting pedestrians while driving through or reversing in parking lots.
• Hit-and-Run Accidents: When a driver strikes a pedestrian and then leaves the scene without stopping to help or report the incident.
• Turning Vehicles: Accidents that occur when a vehicle turns at an intersection and strikes pedestrians legally crossing the road.

In New York, pedestrians have specific rights protected under the law, particularly in crosswalks and on sidewalks. Drivers must yield the right-of-way to pedestrians in marked crosswalks and at intersections with traffic signals. Furthermore, in the event of an accident, New York’s comparative fault rules may apply, which means a pedestrian can still recover damages even if they were partially at fault, although their percentage of fault would reduce their recovery.

How Can a NYC Pedestrian Accident Lawyer Help?

At Sakkas, Cahn & Weiss, LLP, we understand the challenges and hardships of being involved in a pedestrian accident. Our experienced NYC pedestrian accident lawyers are dedicated to providing comprehensive legal support to help victims navigate the aftermath of such incidents effectively. Here’s how we can assist you:

1. Case Evaluation and Investigation

Our first step is to conduct a thorough evaluation of your accident. We gather and analyze all relevant evidence, including police reports, surveillance footage, witness statements, and vehicle data to build a robust case. This helps in accurately determining liability and understanding the dynamics of the accident.

2. Medical Liaison and Documentation

Understanding the full extent of your injuries is crucial. We work closely with medical professionals to document your injuries, treatment plans, and prognosis. This comprehensive medical documentation is essential for substantiating your claim for damages.

3. Dealing with Insurance Companies

Navigating insurance claims can be daunting and complex. Our lawyers are skilled in handling negotiations with insurance companies, ensuring that your claim is fairly evaluated and that you are not pressured into accepting a low settlement. We fight to ensure that your compensation covers all your current and future medical expenses, lost wages, and other damages.

4. Maximizing Compensation

Pedestrian accidents often result in significant medical expenses, lost income, and long-term rehabilitation costs. We meticulously calculate all your damages to ensure that any settlement or verdict includes comprehensive compensation for your losses. This includes economic damages like medical bills and non-economic damages such as pain and suffering and loss of life quality.

5. Legal Representation in Court

While many pedestrian accident claims are settled out of court, some require litigation for fair compensation. Our experienced trial attorneys are prepared to represent you in court, advocating passionately on your behalf to secure the justice you deserve.

6. Guidance and Support Throughout the Process

Our team provides continuous guidance and support from the initial consultation to resolving your case. We ensure you understand every step of the legal process and keep you informed about the progress of your case. We aim to make the legal journey as stress-free as possible for you.

Common Injuries from Pedestrian Accidents

Pedestrian accidents can result in severe and sometimes life-altering injuries, particularly because pedestrians are exposed and vulnerable compared to protected vehicle occupants. At Sakkas, Cahn & Weiss, LLP, we frequently handle cases involving various injuries from such accidents. Understanding these common injuries can help victims recognize the seriousness of their situation and the importance of seeking legal and medical help.

Traumatic Brain Injuries (TBI)

TBIs are among the most serious injuries resulting from pedestrian accidents. They can occur from direct impact to the head or even from violent shaking. Symptoms can range from mild concussions to severe brain damage, affecting cognitive functions, physical abilities, and emotional well-being.

Spinal Cord Injuries

These injuries can lead to partial or complete paralysis, depending on the area and severity of the injury. Spinal injuries are catastrophic and can result in lifelong disability requiring extensive medical treatment and personal care.

Fractures

Broken bones are very common in pedestrian accidents. The most frequently broken bones include hips, legs, arms, ribs, and facial bones. Recovery can involve surgeries, physical therapy, and extended periods of immobilization.

Internal Injuries

Blunt trauma from being struck can cause internal bleeding and damage to organs. These injuries are particularly dangerous because they may not be immediately apparent and can be life-threatening if not treated promptly.

Soft Tissue Injuries

These include any injury to the muscles, ligaments, and tendons. Common soft tissue injuries from pedestrian accidents include sprains, strains, and severe bruises, which, while often less severe, can still lead to significant pain and disability.

Lacerations and Abrasions

Pedestrians may suffer cuts and scrapes from the impact of the vehicle or the road. These wounds may require stitches and can lead to infection if not properly treated.

Amputations

In severe cases, a pedestrian accident can result in the traumatic amputation of limbs either during the accident or surgically after the fact due to extensive damage.

Psychological Injuries

Beyond physical injuries, pedestrian accidents can have profound psychological impacts, including post-traumatic stress disorder (PTSD), anxiety, and depression. These conditions can be just as debilitating as physical injuries and often require long-term psychological therapy.

Common Causes of NYC Pedestrian Accidents

New York City, with its bustling streets and dense population, sees a significant number of pedestrian accidents each year. Understanding the common causes of these incidents is crucial for both preventing them and for addressing liability in the aftermath. At Sakkas, Cahn & Weiss, LLP, we have identified several prevalent factors that contribute to pedestrian accidents in NYC:

Driver Inattention

One of the leading causes of pedestrian accidents is driver inattention. Distractions such as using a mobile phone, adjusting the radio, or other activities that divert a driver’s attention away from the road can lead to serious accidents involving pedestrians.

Failure to Yield the Right of Way

Many accidents occur at intersections where drivers fail to yield the right of way to pedestrians, especially while turning. New York traffic laws require drivers to give the right of way to pedestrians in marked crosswalks, making this a critical point of contention in pedestrian injury cases.

Speeding

Speeding reduces a driver’s ability to stop or slow down in an emergency, increasing the likelihood of striking a pedestrian and the severity of the injuries. Speeding in urban areas like NYC, where there are a lot of pedestrians, is particularly dangerous.

Disobeying Traffic Signals

Ignoring traffic lights or stop signs is a common cause of pedestrian accidents. This includes drivers who run red lights and pedestrians who cross against pedestrian signals.

Poor Visibility

Accidents are more likely to occur in poor visibility conditions, such as at night, during bad weather, or in poorly lit areas. Drivers may have difficulty seeing pedestrians, leading to an increased risk of collisions.

Impaired Driving

Driving under the influence of alcohol or drugs significantly impairs a driver’s judgment, reaction times, and overall ability to drive safely, substantially raising the risk of pedestrian accidents.

Turning Vehicles

Many pedestrian accidents happen when drivers make turns without properly checking for pedestrians. This is especially true for left turns, where drivers may focus more on navigating the intersection than on pedestrian traffic.

Double Parking

Vehicles that double park in busy areas can obstruct the view for both drivers and pedestrians, creating hazards particularly when pedestrians attempt to navigate around such obstacles.

Who Can Be Held Liable for a NYC Pedestrian Accident Injury?

In New York City, pedestrian accidents can involve various parties, and identifying who is at fault is crucial for a legal claim. At Sakkas, Cahn & Weiss, LLP, we understand the complexities of liability in pedestrian accidents and can help determine all potential responsible parties. Here’s a guide to understanding who might be held liable:

1. The Driver

If a driver’s negligence caused the accident—speeding, distraction, failure to yield, or any other reckless behavior—they can be held liable for the injuries sustained by the pedestrian.

2. The City or Municipality

In cases where the accident was caused by poor road conditions, such as improper signage, lack of crosswalks, or poorly maintained infrastructure, the city or local municipality may be liable. It is crucial to note that if the liable party is the city or another government entity, there is a strict 90-day deadline to file a notice of claim indicating your intent to sue.

3. Pedestrians Themselves

In some situations, the pedestrian may also be responsible for crossing against a traffic signal or jaywalking. New York follows a comparative negligence rule, which means that the pedestrian’s percentage of fault may reduce the compensation.

4. Vehicle or Parts Manufacturers

If the accident was caused by a vehicle malfunction, like brake failure or defective headlights, the vehicle’s manufacturer or the faulty part may be held liable under product liability laws.

5. Property Owners

Adjacent property owners may be liable if their actions contributed to unsafe conditions that led to an accident. For instance, if landscaping or signage obstructs the view of both drivers and pedestrians, the property owner may share in the liability.

6. Employers

If the driver was working at the time of the accident—such as a delivery driver or a bus operator—the employer might also be held liable under the legal doctrine of “vicarious liability,” where employers are responsible for the actions of their employees performed within the scope of their employment.

Financial Compensation You May Be Entitled To After a Pedestrian Accident Injury

If you or a loved one has been injured in a pedestrian accident in New York City, you may be entitled to various forms of financial compensation. Understanding these can be crucial for covering medical expenses, recovering lost wages, and ensuring financial stability during recovery.

• Medical Expenses: Covers all medical-related costs, including hospital stays, surgeries, medications, and future medical care.
• Lost Wages and Loss of Earning Capacity: Compensates for current lost wages and future earnings if your ability to work is impacted.
• Pain and Suffering: Addresses physical pain and emotional distress resulting from the accident.
• Loss of Enjoyment of Life: Compensates for the inability to engage in hobbies and activities previously enjoyed.
• Rehabilitation Costs: Includes physical therapy, occupational therapy, and psychological support expenses.
• Household Expenses: Covers costs for services like cleaning and cooking if you cannot perform these tasks.
• Punitive Damages: Awarded in cases of egregious negligence to punish the wrongdoer and deter similar behavior.
• Wrongful Death: Compensation for fatal accidents includes funeral costs, loss of financial support, and loss of companionship.

Ready to Pursue the Compensation You Deserve?

If you’ve been injured in a pedestrian accident, you don’t have to navigate the legal process alone. Contact Sakkas, Cahn & Weiss, LLP today. Our experienced pedestrian accident injury attorneys are ready to help you understand your rights and fight for the compensation you need to recover and move forward. Schedule a free consultation now, and let us advocate for you every step of the way.

NYC Pedestrian Accident Injury Lawyer FAQs

Navigating the aftermath of a pedestrian accident in New York City can be overwhelming. Here are some frequently asked questions (FAQs) that our clients at Sakkas, Cahn & Weiss, LLP often have, along with comprehensive answers to help guide you through the process.

What should I do immediately after a pedestrian accident?

• Seek Medical Attention: Your health is the priority; get medical help even if the injuries seem minor.
• Report the Accident: Notify the police so there is an official record.
• Gather Information: Collect contact details from the driver, witnesses, and take photos of the scene if possible.
• Contact a Pedestrian Accident Injury Lawyer: Consult with a pedestrian accident lawyer to protect your rights and begin the claims process.

How long do I have to file a lawsuit for a pedestrian accident in NYC?

In New York, you generally have three years from the accident date to file a personal injury lawsuit. However, if you need to file a claim against a city or government entity, you have only 90 days to file a notice of claim.

Do I need a personal injury attorney if the insurance company has offered me a settlement?

Yes, it’s essential to consult with a pedestrian accident injury attorney. Insurance offers may not fully cover all your current and future needs. A New York City personal injury lawyer can negotiate to ensure you receive fair compensation.

Can I still receive compensation if I was partially at fault?

Yes, under New York’s comparative fault laws, you can still recover damages even if you were partially at fault, though your percentage of fault will reduce your compensation.

How can a NYC pedestrian accident lawyer help me?

A personal injury lawyer can handle all legal aspects, including evidence gathering, dealing with insurance companies, negotiating settlements, and representing you in court if necessary.