How to Hire the Best Pedestrian Accident Lawyer in NY: A Guide

A pedestrian accident presents a potentially life-changing reality for its victims. Bear in mind that the small measure of protection offered to those in vehicles is not present here, meaning that there is a more direct impact, which increases the likelihood that the damage sustained will be great.

Victims will often not be able to work temporarily or permanently, and some of them will sadly lose their lives after an accident. While things may never return to the way they used to be, personal injury law allows those who have been displaced to seek financial compensation.

Below is a look at some of the important elements of these incidents that injured pedestrians must keep in mind, as well as what to look for before hiring an attorney. The Law Office of Carl Maltese can advise on how to hire the best bicycle accident lawyer in NY as well.

Understanding Pedestrian Accidents in New York

Definition of a Pedestrian Accident

These accidents occur when a pedestrian is struck by a vehicle, resulting in injuries or fatalities. While such incidents can happen anywhere, they are more common in densely populated areas, such as Long Island and New York City.

Common Causes of Pedestrian Accidents

It is very unfortunate when pedestrian accidents occur under incredibly avoidable circumstances. As the common reasons below will show, many of the incidents that happen in NY fall under this category. Some of these are:

• Driver carelessness, such as speeding, reckless driving, or failure to yield to pedestrians.

• Distracted driving, including texting, talking on the phone, or eating while driving.

• Failure to follow traffic laws and regulations, such as running red lights or stop signs.

• Poor road design or maintenance, including inadequate lighting or signage.

Of course, the party that is at fault is not always the same. For example, while drivers may be responsible for negligent actions, such as speeding, governments are responsible for the lighting of roads and the presence of signage. Personal injury cases require legal professionals to establish which party is liable for a victim's suffering.

Common Pedestrian Accident Injuries

Injury victims may sustain one or more mild or serious forms of physical damage. While this list is not exhaustive, these are some of the most common ones:

• Broken bones, including fractures and sprains.

• Head injuries, including concussions and traumatic brain injuries.

• Spinal cord injuries, including paralysis and nerve damage.

• Internal injuries, including organ damage and bleeding.

New York Laws Protecting Pedestrians

New York Laws and Pedestrian Rights

The state sets out various guidelines for both pedestrians and drivers to avoid situations where severe or fatal collisions may occur. The following are examples of these:

• New York State law requires drivers to yield to pedestrians at crosswalks and intersections. If there is no crosswalk or signal, the pedestrian has the right of way. This means that even if the pedestrian is in the vehicle's path, the driver should stop so there is free passage.

• Pedestrians are not to leave sidewalks, curbs, or other areas of safety if there is an oncoming vehicle seen that will have trouble stopping. Note that this applies even when crosswalks are being used. Once a vehicle is too close and traveling too quickly, the pedestrian must wait until it is safe to cross.

• If a vehicle has stopped to allow passage to a pedestrian, other vehicles must do the same and should not attempt to pass the stopped vehicle.

Driver Responsibilities

As indicated before, drivers have responsibilities that help to prevent a New York pedestrian accident from occurring. Consider the following examples:

• Drivers must be aware of their surroundings and anticipate the presence of pedestrians.

• Vehicle operators are also required to follow all traffic laws and regulations, including speed limits and right-of-way rules.

• Those driving should be prepared to stop or slow down to avoid hitting pedestrians.

Compensation for Pedestrian Accident Victims

Types of Damages in Pedestrian Accident Cases

When a law firm files a personal injury claim on behalf of a victim, the objective is to secure financial compensation for medical bills, lost wages, loss of consortium, and other effects of the accident that have been suffered. The total compensation awarded, if any, will be based on the presence or absence of three types of damages.

The first is economic damages, which consist of those that have a dollar amount that may be referenced. Medical expenses and property damage are examples. There will typically be documentation, such as receipts, which help to ascertain the value.

Next, there are non-economic damages. These are based on quality of life, which means there isn't a simple dollar value. Emotional trauma, pain, and loss of enjoyment fall under this category. Personal injury practice provides attorneys with the skills necessary to ascertain these figures, even if it means justification must be provided via expert witnesses. Knowing how to hire the best construction accident lawyer in NY can be a key component.

Finally, there are punitive damages. The legal system intends these as a measure of punishment for highly reckless defendants or those who intentionally caused harm.

What to Do Immediately After a Car Accident

Increasing the chances of gaining the maximum compensation possible from an injury claim means taking the right steps after the accident has occurred.

The first order of business is always to seek medical care if possible. The full extent of injuries will often not be seen or felt. Getting attended to by an expert allows for comprehensive treatment to take place.

Gathering evidence at the scene is another important action to take. Pay special attention to vehicle positioning, skid marks, the impact point, any physical wounds, and anything else that can help to prove the accident's circumstances. Try to get witness contact details as well.

Ensure that a statement is provided to the applicable police department. Depending on the circumstances, an officer may be sent to the scene, which makes providing same easier. If this is not the case, visit the relevant police department in the shortest possible order to get this done.

Legal representation should be next on the agenda. The defendant will likely not hesitate to seek out a car accident lawyer to avoid a fair settlement. Seek legal counsel as soon as possible. In the meantime, do not admit fault, and do not speak to the insurance company that represents the liable party.

What to Expect from a Pedestrian Accident Lawsuit

After the reckless driver has caused the accident, the retained legal team will try to seek compensation in the form of a claim that is filed with the negligent party's insurance company. This will usually be followed by a settlement negotiation process. In many cases, an agreement is reached at this stage, but this is not always the case. Sometimes, the matter must be taken to trial, which includes:

• Filing a complaint with the court and serving the defendant.

• Discovery, including exchanging information and evidence with the liable party.

• Depositions, including testimony from witnesses and experts.

• Trial, including presenting evidence and arguments to a judge or jury.

Understanding the Statute of Limitations

In New York, the statute of limitations for personal injury claims is three years from the incident date. Failure to file a claim within this timeframe can result in the matter being dismissed. Typically, there will need to be some form of extenuating circumstances for the case to be considered.

The recommended course of action is to schedule a consultation with a trusted attorney as quickly as possible after the accident. Doing so makes it more likely that the evidence is undisturbed.

Additionally, a quicker approach shows that the effects of the accident are such an issue that compensation needed to be pursued immediately. While this may not appear important, it helps to shut down a common defense that implies that the seriousness of injuries is being overstated.

Finding the Best Pedestrian Accident Lawyer in NY

Qualities of a Good Pedestrian Accident Lawyer

When seeking a personal injury attorney, it is a good idea to look out for the following qualities:

• Experience handling pedestrian accident cases in New York.

• Knowledge of New York state laws and regulations regarding pedestrian accidents.

• Strong communication skills.

• A track record of success.

• An undeniable sense of direction that illustrates the intended case approach.

• The ability to offer reassurance during what is a stressful time.

Many of these attributes can be identified during the initial free consultation, which is not characterized by any mandatory commitment. For more information, a pedestrian accident lawyer in Long Island may be able to help.

Why Personal Injury Attorneys Are Needed

Note that the retention of personal injury legal services is not mandatory. However, consider the advantages below before choosing to forgo hiring an attorney.

Protecting the Rights of Victims

Remember that a reputable lawyer has a great amount of expertise in the legalities of pedestrian accident cases. This means that such a person knows all the rights and entitlements of a victim. Therefore, navigating legal complexities becomes much easier than it would have been without an attorney.

Getting the Compensation Deserved

Between medical costs, lost wages (current and future earning capacity), property damage, physical pain, emotional anguish, etc., it takes a seasoned professional to seek a fitting settlement. Successfully being awarded that amount is also a testament to expertise. While there may not be any amount that can restore life to what it used to be, at least the finances to tackle the challenges introduced are available.

There is no guarantee that an attorney will get the amount of compensation intended. However, the proceedings will go most desirably with a lawyer's services.

Schedule a Free Consultation with an Expert NY Pedestrian Accident Attorney Today!

Pedestrian accidents can have far-reaching negative implications that go beyond any bodily injury. If a negligent party injured you, do not allow them to walk away scot-free, as you may be entitled to compensation. Schedule a free consultation today with a tried and proven NY pedestrian accident attorney at the Law Office of Carl Maltese!