When one becomes an injured pedestrian because another person was negligent or careless as the motor vehicle operator, it's crucial to have a Long Island pedestrian accident lawyer to assist them. That way, they can pursue fair and full compensation for their medical bills and injuries.
The losses sustained in a typical pedestrian accident could be substantial. One might not be allowed to work for a while or may never return to work. They may need to have long-term medical care, such as physical therapy and rehabilitation. In fact, some personal injury cases see the victims living each day with excruciating pain. Therefore, it's best to have the legal team from The Law Office of Carl Maltese to help.
This firm focuses primarily on personal injury protection and offers a strong attorney-client relationship for catastrophic injuries. The personal injury lawyers here have helped thousands of victims recover compensation for damages caused by negligent and careless acts. Their combined experience and knowledge help everyone receive fair compensation for their pedestrian accident cases. To receive a free case evaluation, please call (631) 543-8811.
What to Do After Experiencing a Pedestrian Accident in Long Island
Municipalities have to manage vehicle and pedestrian traffic to keep the roadways safe for everyone. If someone suffers a serious injury from a pedestrian accident, they should understand what steps to take next to protect their health and recover compensation from a personal injury claim.
Proper testimony and evidence play crucial roles in determining the at-fault parties and the sequence of events that transpired to cause the accident. It's essential to seek medical attention, file police reports with police officers, collect appropriate contact information, document the scene, and inform all parties concerned. These things contribute to effective and smooth-going personal injury lawsuits. The steps taken can affect the case in Long Island.
Seek Medical Attention and Get Police Help
A pedestrian accident involves severe injuries in most situations. Under the New York law, the insurance policy for the vehicle involved in the pedestrian accident is responsible for any medical bills. The sheer weight and size of the car compared to the person means that cyclists and pedestrians often suffer severe injuries on impact, regardless of how fast the driver was going at the time.
Unlike vehicle-vehicle collisions, pedestrians don't have a protective shell from an automobile to take the force of the impact. Therefore, if a pedestrian suffers an injury, any party should call 911 for police assistance and emergency medical care.
The ambulance staff treats injuries and offers transportation to the hospital if needed. Police officers should conduct a preliminary investigation and craft a police report, gathering evidence to determine the specific cause of the accident.
Move to a Safer Location
If the pedestrian accident victims stay on the roadway, they may suffer secondary injuries, especially in urban situations. Therefore, no one should leave the accident scene, but they should move themselves to the side of the road whenever possible. Victims left in the middle of the road could have even more pedestrian injuries to contend with later.
Collect Witness and Driver Information
The police must work hard to collect the necessary information from other parties. However, the injured pedestrians should get insurance and contact information from the driver when possible. If the victim cannot do that, the driver should attempt to gather the data. When the victim has someone known at the scene, they can help with the process.
Along with the driver's information, it's crucial to have the contact information from available witnesses. The police could collect most or all of that data, but it's best to have it first-hand when the victim knows no other people on the scene.
Witness and driver information plays a crucial role in determining what happened and progressing various pedestrian accident lawsuits.
Pedestrian accident scenes don't stay how they are for very long, especially when they block busy intersections and roadways. Therefore, many personal injury cases use videos and pictures of the accident in Long Island to serve as evidence for the severity and cause of the injury. Documenting the scene may contribute to finding out who was negligent during the pedestrian accident case.
Contact the Law Office of Carl Maltese
Once the person has received appropriate medical treatment, victims should contact a Long Island pedestrian accident lawyer to start their personal injury lawsuit.
Sometimes, pedestrian accidents result from driver negligence, so the victims of pedestrian accidents are eligible for compensation. Lawyers can assist with investigations, navigating settlements, filing claims, and representing the case if it goes to court.
Most pedestrian accidents happen because of negligent drivers, so the drivers should contact the auto insurance provider. That way, the insurance company can discuss coverage amounts and speak with the pedestrian's lawyer.
Neither party can discuss fault at the accident scene. Even speculative statements could be used as evidence in the pedestrian accident case. Pedestrians and drivers must focus on providing contact information only and wait to discuss maximum compensation with personal injury lawyers later.
If a Long Island pedestrian accident has left someone with high medical bills because the traffic laws weren't upheld, it's time to call (631) 543-8811 for a free consultation. The Law Office of Carl Maltese can assist and get the maximum compensation for those who suffered injuries.
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Alex Maltese and his firm are first class and they always made you feel as if you were their only client. The communication was always timely, professional and courteous. I can't thank them enough.
- Dina V.
You always know that the entire staff truly cares. I am extremely pleased with my settlement and thankful that they helped make an unpleasant experience more than bearable.
- John D.
Alex Maltese is a professional and compassionate attorney. I never felt as if I was a burden. He always answered my questions in a timely manner. The attorneys and staff are accommodating.
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Who's at Fault for a Pedestrian Accident in Long Island
Many situations lead to a Long Island pedestrian accident, so the at-fault party can vary based on the case. The liability for such an accident affects who gets compensation, so the pedestrians and drivers focus on blaming the other for the incident. In some pedestrian crashes, it's clear which party should be held responsible. Sometimes, though, the circumstances are confusing.
Long Island pedestrian accidents occur from driver negligence in most cases. Drivers must show a duty of care to the pedestrians and follow all other rules of the road. If a driver doesn't fulfill their duty of care by disobeying traffic signals, using distracted driving techniques, not yielding to the pedestrian, driving under the influence, or disobeying other road laws, they are likely at fault for that accident.
Drivers must also take precautions when they drive in areas with children. Many accidents occur from negligent drivers who didn't watch for kids. Children rarely understand the road's rules and could be unpredictable when around vehicles. Therefore, drivers are often liable for accidents that happen near school zones. They must protect pedestrians at all costs.
Many times, the accident wasn't caused by only one party; more than one person could contribute to the Long Island pedestrian accident. This happens when the pedestrian doesn't follow the road rules, and a driver doesn't use his full attention while on the road. This time, both parties are considered at fault.
New York is considered a comparative negligence state. Therefore, at-fault benefits can be provided, but the amount of financial recovery is based on how much they were at fault for the accident.
For example, negligent drivers and pedestrians both share the blame equally. Therefore, injured parties only recover compensation at 50 percent for their injuries. If the driver happens to be more at fault, the pedestrian recovers more compensation. Generally, the court system determines the fault first and adjusts applicable damages later. It's best to speak with an attorney to secure compensation in the full amount.
While pedestrians generally take more damage than the driver in auto accidents, that doesn't mean they can't be at fault. In fact, New York has pedestrian laws in place that focus on correct road conduct. Therefore, pedestrians have to use the sidewalk and crosswalk when available, obey traffic signals, and even yield right of way to the vehicles crossing streets with no crosswalks.
Jaywalking or other inappropriate methods are two of the leading causes of at-fault pedestrian accidents. Pedestrians may not walk along or on state highways unless they must do so for a stalled vehicle. Violating any of these laws makes the pedestrian involved at fault. It's best to contact a pedestrian accident lawyer like the one at the Law Office of Carl Maltese for assistance.
Some of the cases are more clear-cut, but others aren't. The method for determining fault focuses on witness testimony and evidence evaluations. Therefore, the involved drivers and pedestrians must take the right steps after the pedestrian accident. This includes collecting evidence while on the scene and contacting the authorities.
Insurance company, lawyer, and police investigations come together to build the event sequence to determine the case outcome. This includes accident reports, insurance adjusters' information, and much more.
After suffering a pedestrian injury, it may be impossible to determine who the at-fault party is. Therefore, it's best to speak to a pedestrian accident lawyer from the Law Office of Carl Maltese at (631) 543-8811.
Compensation for the Injured Pedestrians in Long Island
After a Long Island pedestrian injury, victims can go to trial or settle with the at-fault party. The amount of compensation received depends on whether they go to court or settle. Plus, the length of time it takes to receive compensation depends on that, too. Compensation depends on many factors, such as:
Loss of enjoyment of life
Pain and suffering
Claims for car accidents often rely on the responsible person's insurance to cover the damage. That's why all states, including New York, have minimum insurance requirements for each driver. When injured pedestrians come forward and the driver is at fault, the pedestrian's compensation likely comes from the auto insurance. Minimum liability limits in New York are $25,000.
If a driver is uninsured or doesn't have enough coverage to handle the scope of injuries, injured pedestrians could recover damages through underinsured or uninsured motorist coverage. While the pedestrian wasn't in the vehicle during the accident, auto insurance still covers those damages.
Both underinsured and uninsured motorist coverage plans put limits on how much can be recovered for pedestrian accidents.
Each accident is unique, so it's hard to determine exact dates and amounts for compensation. Proving fault is crucial for a Long Island pedestrian accident claim. Having a successful case means knowing the amount of compensation a victim can recover. At The Law Office of Carl Maltese, a Long Island pedestrian accident lawyer is there to help victims win the highest amount of compensation for their injuries.
How a Long Island Pedestrian Accident Attorney Help
Accidents between a pedestrian and a car are often devastating to the pedestrian. Even before they are recovered fully, insurance companies hound them for settlement requests and information. It's best to speak with a Long Island pedestrian accident lawyer first. Request a free consultation with The Law Office of Carl Maltese. This legal team of pedestrian accident lawyers offers a free consultation. Please call (631) 543-8811.
Working with the Insurance Company/Carrier
Insurance adjusters are there to make money, so they try denying benefits and take shortcuts wherever possible. They may also contact the victim shortly after the accident. Many companies call on the same day to take advantage of the person's vulnerability.
That way, they secure a lower settlement amount or get the victim to make admissions of guilt or statements that can be used against them later. Pedestrian accident lawyers understand how insurance companies work.
It's best to have pedestrian accident lawyers available because they are experienced in talking to insurance carriers. Hiring a personal injury law firm ensures that the victim receives full and fair compensation.
Experience During Trial
Insurance companies already know which pedestrian accident lawyers are sure to take a case to trial and which ones take whatever settlement offer is provided. At The Law Office of Carl Maltese, the pedestrian accident lawyers in Long Island prepare each case as if they are going to trial. That way, they protect pedestrians and get the maximum compensation possible for the client.
Experienced pedestrian accident lawyers can handle many injury cases. Generally, most people just don't understand how a trial works and may have questions, such as:
Which ways can lawyers counter the insurance company in court?
What's a fair compensation amount?
How can the lawyer handle settlement offers?
Which procedures are necessary?
When should a claim be filed?
A personal injury attorney can answer those questions for the victim. They're more familiar with the elements of pedestrian accidents and can help victims complete the steps needed to file the claim. With that, lawyers determine the right amount of compensation for the injuries and fight for the victim's rights in court.
The attorneys at The Law Office of Carl Maltese have many years of combined experience for personal injury cases. How much compensation one gets depends on the legal team's expertise, knowledge, and skill.
One can take steps to get evidence for their case from the accident scene. While these witness testimonies and photos play a key role for determining fault, some accidents require further investigation into the negligent drivers.
The Law Office of Carl Maltese has many pedestrian accident lawyers to investigate the facts and circumstances required for the trial to be successful. That way, the victim can focus on recovery and resting while the investigators at the firm handle everything else.
Alternative Dispute Resolutions
Every lawsuit doesn't have to go to trial. In fact, arbitration and mediation are alternative methods that solve many cases. The Long Island pedestrian accident lawyer should determine the best approach for each case to get a fair settlement.
It's possible for the case to resolve without going to court, which saves emotional energy, money, and time. However, one must choose the best personal injury law firm to get the job done, especially if significant injuries were part of the case.
Navigating Settlement Offers for a Pedestrian Accident Claim
Most insurance companies offer a settlement before and during the trial. However, this amount is often much less than a trial can provide. Still, it's a guaranteed sum of money, and trials don't always go in the favor of the pedestrian.
Accepting a settlement could be the right choice, but the victim must make an informed decision. That's why they should consult with a Long Island law firm that understands the rules and situation regarding the case. One's pedestrian accident lawyer can talk with medical providers and other people to get appropriate financial recovery of damages.
Many personal injury cases have a statute of limitations of about three years from the date of the accident. However, no-fault benefits must be filed within 30 days. If the no-fault isn't filed correctly in 30 days, the victim could forfeit all payments for medical bills and lost wages.
It's crucial to work with a Long Island pedestrian accident lawyer from The Law Office of Carl Maltese. These professionals help the victim file applications and claims within the time frame provided. That way, victims don't lose their right to financial recovery. When one partners with an attorney, they submit the appropriate documentation on time to ensure the case proceeds with no obstructions.
Getting help from a lawyer makes it easier and possible for victims to have a more successful claim to get the full financial recovery they deserve. The Law Office of Carl Maltese works hard to give its clients the best chance for a successful outcome.
Common Causes for Pedestrian Accidents on Long Island
Pedestrian accidents happen for many reasons and can be the fault of the pedestrian or driver or might be shared between the parties. In Long Island, most pedestrian accidents happen from:
Lack of visibility
Walking along the road inappropriately
Failure to yield
If a pedestrian accident occurs in Long Island for any of those reasons, negligence by one or both parties is often the main cause. It's time to think about the common causes for pedestrian accidents.
Generally, distracted driving is the most prevalent cause for an auto accident, and the same applies for accidents involving pedestrians. When a driver doesn't give their full attention to the road and its rules, this is called distracted driving. That can include texting and using a cell phone, having a phone conversation, adjusting the radio, talking with other passengers, or leaning over to get fallen objects.
Distracted drivers might not see pedestrians on the roadway. Since they have a delayed reaction time in noticing the pedestrian, the vehicle doesn't have enough time to slow down. It's crucial to speak with a Long Island pedestrian accident lawyer in this situation.
Most drivers are aggressive while on the road to try to get to their destination faster. That behavior leads to violating traffic laws. Most pedestrian accidents occur because motorists turn at unsafe speeds and don't check the turn path correctly. This results in a collision with pedestrians. Speeding can also lead to Long Island pedestrian accidents.
Failure to Yield
Pedestrians and drivers have situations where they have to yield the right of way to others. Motorists should let pedestrians cross in Long Island when the traffic signals dictate that, and there are crosswalks. Similarly, New York law says that pedestrians have to yield the right of way to a vehicle when they want to cross a road with no crosswalk. Pedestrians must cross at available crosswalks, following all traffic signals.
Each person uses the right of way to make sure it's safe for people to be on the road. While drivers must protect pedestrians, pedestrians must do the right thing, too. If there are questions concerning the at-fault party, it's best to speak with a pedestrian accident lawyer in Long Island.
Inappropriately Walking on the Road
Generally, many pedestrian accidents happen in crosswalks, but they can also occur alongside the road. Pedestrians should use sidewalks whenever available. If someone walks where there isn't a sidewalk, they must stay away from the road's edge and walk opposite the direction of traffic. Bicyclists must follow the traffic's flow.
A pedestrian accident can also happen if a pedestrian attempts to walk along or across the highway. New York law forbids pedestrians from traveling along the highway under any circumstances. There could be exceptions in Long Island, such as a vehicle failure.
Though vehicles use headlights to be visible in the dark, pedestrians are harder to spot. Sometimes, a Long Island pedestrian accident happens because the motorist can't see the pedestrian alongside or on the road. If they walk in low light conditions (evening, inclement weather, morning), they must wear reflective clothing, carry flashlights, or wear light-colored clothes to be more visible to drivers.
Intoxication leads to accidents, both for pedestrians and motorists. Alcohol causes a severe impairment of someone's motor functions and senses. Drunk drivers could fail to react to obstacles in the road in time or may not drive their vehicles correctly. Overall, drunk driving is a big deal in New York and in Long Island.
However, a drunk pedestrian could wander into the road, leading to the pedestrian accident. Both parties might not see each other or have a delayed reaction time to the danger.
Sometimes, pedestrian accidents result from a car's failure. The driver might see the pedestrian and react correctly, but a vehicle failure prevents the automobile from stopping in time. This can include faulty brakes, part failures, or damaged tires.
Generally, the fault could rest with the driver of the motor vehicle for failure to maintain the car, or it could be the fault of the vehicle manufacturer because it made faulty parts. It's best to speak with a pedestrian accident attorney in Long Island to determine what caused the injury.
Statistics for Pedestrian Accidents in New York
New York has been a leader for pedestrian fatalities and pedestrian accidents in the country. However, that's starting to change. The lowest number of fatalities was recorded in 2017 for Long Island, so it is seeing results from the many measures state officials have put in place.
Here are the pedestrian accidents shown from the last six years. That way, one can see how often a pedestrian accident occurred:
2012 - 312 fatal crashes; 15,496 personal injuries
2013 - 343 fatal crashes; 16,070 personal injuries
2014 - 269 fatal crashes; 14,650 personal injuries
2015 - 316 fatal crashes; 12,870 personal injuries
2016 - 316 fatal pedestrian crashes; 14,723 personal injuries
2017 - 249 fatalities; 14,912 personal injuries
The top contributing factors for pedestrian accidents in New York include:
32 percent - Failure to yield the right of way
31 percent - Driver inattention
27 percent - Pedestrian confusion or error
6 percent - Backing up unsafely
5 percent - Traffic laws disregarded
Nassau County Pedestrian Accidents
Nassau County, Long Island, has also seen a decline in fatalities and overall pedestrian accidents within the last few years. While the numbers for pedestrian accidents aren't the lowest in history, they are declining:
2012 - 39 fatal crashes; 963 personal injuries
2013 - 34 fatalities; 1,008 personal injuries
2014 - 22 fatal crashes; 918 personal injuries
2015 - 36 fatal crashes; 862 personal injuries
2016 - 25 fatal crashes; 903 personal injuries
2017 - 23 fatalities; 825 personal injuries
The top contributing factors for pedestrian accidents in Nassau County are different than state-wide reasons:
43 percent - Failure to yield the right of way
35 percent - Pedestrian confusion and error
11 percent - Driver inattention
6 Percent - Backing up unsafely
5 percent - View obstructed (driver or pedestrian)
With that, 66 percent of all accidents happened primarily at an intersection.
Suffolk County Pedestrian Accidents
The information from Suffolk County follows the other county's path. 2015 saw the most fatal pedestrian crashes in Suffolk County (53 total). However, the number of pedestrian accidents found in Suffolk County, Long Island, has been declining.
2012 - 41 fatal wrecks; 541 personal injuries
2013 - 43 fatal wrecks; 558 personal injuries
2014 - 31 fatal wrecks; 601 personal injuries
2015 - 53 fatal wrecks; 588 personal injuries
2016 - 40 fatal wrecks; 575 personal injuries
2017 - 36 fatal wrecks; 514 personal injuries
The top contributing factors include:
37 percent - Pedestrian confusion or error
28 percent - Driver inattention
20 percent - Failure to yield the right of way
9 percent - View obstructed (driver or pedestrian)
6 percent - Backing up unsafely
Most of the Suffolk County accidents happened at an intersection (62 percent).
Common Pedestrian Accident Injuries
Pedestrian accidents can have many different types of injuries based on the position of impact, the speed of the vehicle, and the overall health of the pedestrian. Sometimes, injuries are minor, but they could have the potential to be life-altering and long-lasting. Regardless of the accident type that happens, all parties in the pedestrian accident must seek medical care immediately. Some injuries aren't obvious right away without medical attention. Other injuries could take many weeks or days to show symptoms or become symptomatic. Here are the most common injuries that can happen after a pedestrian accident:
Spinal cord injuries
Broken bones and fractures
Traumatic brain injuries
Pedestrian Duties and Rights in New York
Before a motorist gets behind the wheel of a vehicle, they must prove that they know the rules of the road to protect pedestrians and themselves. However, pedestrians may not know the rights they've got or the rules when walking near or on roadways. Many pedestrian accidents happen because pedestrians just assume they've always got the right of way in Long Island, but that's not always true.
It's crucial to follow the rules of the road and use them as a guideline for safety. A pedestrian who doesn't follow those rules could be at fault for the pedestrian accident and lose their overall right to recover compensation.
New York law provides pedestrians with the right of way on all sidewalks and marked crosswalks. Motorists must slow down at the crosswalk and be alert to see pedestrians. If the crosswalk has a traffic signal, the driver and pedestrian must abide by them and offer the right of way to the proper party. When crosswalks have no signals, pedestrians always have the right of way for crossing.
With that, pedestrians are permitted to walk safely along the roadways. Therefore, drivers have to be cautious of pedestrian activities alongside or on the road. If there is no sidewalk and the pedestrian must walk on the roadway, the driver has to show proper awareness. Drivers must be more alert when children are present to avoid Long Island pedestrian accidents.
Though drivers have to offer the right of way to the pedestrian in some circumstances, pedestrians must follow the laws when walking on the roadway. If a crosswalk is readily available, they must use it and obey traffic signals. It's only acceptable for them to cross roads at unmarked points when no crosswalks are around. In that case, though, pedestrians give up the right of way to the driver.
Pedestrians are required to use sidewalks when available. If they walk on a road because there's no sidewalk, it should be in the opposite direction of the traffic. With that, pedestrians should stay off highways and toll bridges. Highway walking can create extensive injuries, so New York prohibits a pedestrian from walking on the highway.
Overall, pedestrians must act vigilantly in every situation, even if they've got the right of way. They shouldn't assume that vehicles should slow down or stop for them. If someone notices that it could be dangerous to cross a roadway, they should wait for the danger to pass. This can help prevent many Long Island pedestrian accidents.
Unsafe Pedestrian Behaviors
Pedestrians who fail to follow their duty on the road could suffer pedestrian accidents. If the pedestrian acted unlawfully, such as ignoring traffic signals and jaywalking, they could be entirely or partially to blame for the accident. Because New York uses the comparative negligence standard, a pedestrian contributing to the accident may only receive partial financial compensation for the injuries.
The driver isn't always at fault for pedestrian accidents in Long Island. Unsafe pedestrian behavior is a situation where a reasonable driver can't avoid hitting the person. Beyond jaywalking and not following signals, unsafe pedestrian behaviors include:
Entering the street without checking the oncoming traffic
Walking on the highway
Walking in a prohibited area
Breaking any pedestrian laws provided by New York
In such cases, the pedestrian is at fault for the accident. Knowing one's responsibilities and rights as a pedestrian can help one avoid accidents on the road. These laws are put in place to keep New York safe. When motorists and pedestrians act responsibly, the risk for an accident drops.
If a victim followed the rules of the road and was in an accident, the fault could rest with the driver. Experienced pedestrian accident lawyers like the ones at The Law Office of Carl Maltese can help victims understand the pedestrian laws of New York and investigate fault for the incident.
Call the Law Office of Carl Maltese for a Free Consultation
Whether the driver's blood alcohol concentration was too high, they hadn't abided by the speed limits, or they were using reckless driving methods, the victim has the right to seek compensation for their medical expenses and lost wages. Any motor vehicle accident can be devastating to the victim, but pedestrians often have more serious injuries because they have no shield to protect them like the driver of a car or truck.
It's best to work with Long Island pedestrian accident attorneys in New York. Request a free initial consultation for a future lawsuit to see if there is a case. The Law Office of Carl Maltese handle various personal injury cases in Long Island, including pedestrian accidents. The legal team has the experience and skill needed to find medical records, talk with other drivers, and find out if impaired judgment was used during the incident.
Request a free consultation today by calling (631) 543-8811. Pedestrian accidents can cause significant mental anguish, and one has the right to seek compensation in New York. The Law Office of Carl Maltese has a proven track record with Long Island personal injury cases and can help victims get what they deserve.