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  • Writer's pictureAlex Maltese

How to File a Lawsuit for Pedestrian Accident in New York | A Guide

Pedestrians are among the most vulnerable of all road users sharing the New York City highways. Being hit by fast-moving vehicles is the risk all pedestrians take when they step out onto the road.


Despite efforts to reduce the number of pedestrian accidents in New York, such cases are still far too common. Pedestrian accident victims can suffer horrific and, at times, life-altering injuries in such collisions.


When this happens, the law entitles victims to file a pedestrian accident claim to seek compensation for their injuries and other damages.


With the help of an experienced personal injury attorney, victims can file a claim against the at-fault driver.

In the case of a fatal accident, family members of the deceased can file a wrongful death lawsuit against the driver's insurance company.


One of the top-rated law firms in New York City when it comes to handling pedestrian accident cases is The Law Office of Carl Maltese. Victims can call this Long Island law firm today and schedule a free consultation they can also discuss how to file a lawsuit for bicycle accident in New York.


Serious Injuries in Pedestrian Accidents

Serious Injuries in Pedestrian Accidents


Victims of accidents involving pedestrians often suffer serious injuries that can require extensive treatment and medical expenses. The following are some of the most common pedestrian accident injuries sustained in such cases:


  • Amputations

  • Soft-tissue injuries

  • Back injuries and spinal cord injuries

  • Internal bleeding

  • Paralysis

  • Internal organ injuries

  • Burns

  • Head injuries and traumatic brain injuries

  • Cuts and bruises

  • Bone fractures

  • Disfigurement


However, in New York City, not all injuries can result in a pedestrian accident lawsuit. N.Y. Ins. Law §5104(a) requires the injuries to meet a certain statutory threshold that falls under any of the following categories:


  • Death

  • Non-permanent injuries disrupting the victim's normal activity for 90 days or more within six months of the pedestrian accident

  • Dismemberment or permanent loss of a body part

  • Limitation of the use of a body function or system

  • Fractures

  • Permanent limitation of the use of a particular body part

  • Loss of a fetus in cases where the victim was pregnant


What the Law Says Regarding a Pedestrian/Car Accident


Whenever pedestrian accidents occur, it is common for drivers to try to shift the blame onto the victims. In such cases, it is important to fully understand New York pedestrian accident laws.


According to traffic laws in New York City, pedestrians have the right of way at intersections and crosswalks unless directed otherwise by traffic signals and signs. As such, drivers can face liability if they fail to yield to pedestrians in such cases.


Proving Negligence - Who Is Liable?


The outcome of a pedestrian accident personal injury lawsuit usually depends on the attorney's ability to prove that the other party is the negligent driver.


Even the most experienced Long Island pedestrian accident attorney will still need enough evidence to launch a strong case, such as reports from witnesses, receipts of medical bills, pictures of the pedestrian/car accident scene, and video footage from traffic cameras.


Depending on the particular circumstances surrounding the pedestrian accident case, various parties can be held responsible for the injuries and other damages that the victim has suffered. In most cases, the liable party is one of the following:


  • Negligent pedestrians or drivers

  • The driver's employer

  • Insurance companies

  • The city (for example in cases involving poor road maintenance)

  • Vehicle manufacturers


Seeking Fair Compensation - Steps to Take


Injured pedestrians have the right to seek a fair settlement in personal injury lawsuits. In New York City, financial compensation can be awarded for any of the following damages:


  • Medical expenses

  • Lost wages

  • Property damage

  • Pain and suffering

  • Permanent disability

  • Wrongful death


However, to be awarded fair compensation, victims need to take the right steps in the aftermath of the New York pedestrian accident, such as:


  • Moving to a safe location to avoid further harm after the initial collision

  • Seeking medical attention as soon as possible

  • Gathering evidence for use in the lawsuit

  • Hiring a competent New York pedestrian accident attorney

  • Fighting for maximum compensation for injuries sustained in the accident


Statute of Limitations


The statute of limitations is the grace period allowed for victims to file a personal injury lawsuit against the at-fault party. Failure to claim compensation within the stipulated time will result in victims forfeiting their damages.


Each state has its own statute of limitations. In New York City, victims have three years from the date of the incident to file any pedestrian accident claims. While three years may seem like a very long time, the amount of work that the personal injury lawyer has to do when filing the lawsuit means that it is best to begin the claims process as soon as possible.


Why Victims Need a Good Pedestrian Accident Lawyer

Why Victims Need a Good Pedestrian Accident Lawyer


A common mistake that many victims make when seeking compensation for the injuries they have sustained is to think they can go against powerful insurance companies without the help of a good pedestrian accident lawyer. They can also help with how to file a lawsuit for construction accident in New York.


While everyone has a right to refuse legal representation in such cases, the chances of winning are slim due to the complexity of New York City's personal injury laws.


As such, it is best for victims to contact an experienced attorney as soon as possible for help with the following:


  • Uncovering the cause of the pedestrian accidents

  • Determining how to file a lawsuit for pedestrian accident in New York City

  • Evaluating the total cost of current and future medical treatment

  • Determining liability

  • Gathering important evidence

  • Filing the personal injury claim for the pedestrian accident victim

  • Negotiating for a fair agreement during out-of-court settlement discussions

  • Providing legal advice, counsel, and representation in court

  • Fighting for maximum compensation for the victim's injuries and other damages, such as lost wages


The Law Office of Carl Maltese Can Take the Case


There are many pedestrian accident lawyers ready to assist victims with their personal injury claims.

However, not all of them have the compassion, experience, track record, and attorney-client relationship to win maximum compensation for the physical and emotional pain and suffering that victims suffer in such accidents.


With a team of strong personal injury lawyers ready to take the case, The Law Office of Carl Maltese is the go-to law firm for any injured pedestrian seeking compensation in Long Island, New York, and surrounding areas.

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