New York Pedestrian Car Accidents Lawyer

According to the National Highway Traffic Safety Administration over 4000 pedestrians are killed each year in the U.S. by cars, trucks and other types of motor vehicles. Compared to the number of accidents involving only vehicles, the number of accidents involving a pedestrian and a vehicle is relatively low. However, when a car, truck or bus hits a pedestrian, there is good chance that they pedestrian will be seriously injured or killed. However, under New York law victims of car accidents have the right to demand compensation from the person whose negligence resulted in the accident. If you or a family member was a pedestrian seriously injured in a car accident, contact an experienced New York pedestrian car accident lawyer at Stephen Bilkis & Associates who will help ensure that the person responsible for your losses is held accountable.

Pedestrian Rights

The New York State Vehicle and Traffic Law governs pedestrian laws in New York. The law outlines the rights and responsibilities of pedestrians and drivers, as well as the penalties for violating pedestrian laws.

According to the law, pedestrians have the right to use sidewalks, crosswalks, and pedestrian crossings when available. They also have the right to walk on the shoulder of a roadway if there is no sidewalk. Pedestrians are expected to observe and obey traffic signals and signs.

However, drivers are required to yield the right-of-way in crosswalks and pedestrian crossings. The law also specifies penalties for drivers who violate pedestrian laws, such as failing to yield the right-of-way or striking a pedestrian in a crosswalk. Penalties can range from fines to jail time, depending on the severity of the violation. Beyond the penalties imposed by the Vehicle and Traffic Law, if you are injured by a driver because they were driving recklessly, contact an experienced New York pedestrian accident lawyer.

Common Causes of Pedestrian Accidents

While there are cases where a car hits a pedestrian the pedestrian was at fault, in most cases the fault lies with the drivers of motor vehicles. The top causes of such accidents include:

• Drivers Failing to Yield to a Pedestrian: In many pedestrian accidents, drivers fail to yield the right of way to pedestrians, especially at crosswalks and intersections. Some drivers may be in a hurry or distracted, disregarding pedestrian signals and crossing boundaries, which can result in serious injuries or fatalities.
• Drivers Failing to Obey the Posted Speed Limit: Exceeding the posted speed limit is a common cause of pedestrian accidents. High speeds reduce a driver's ability to react promptly to unexpected situations, making it difficult to stop in time to avoid colliding with a pedestrian. Speeding drivers may also find it challenging to negotiate turns or navigate crowded areas safely.
• Distracted Driving: Distracted driving, often caused by texting, talking on the phone, adjusting the GPS, or engaging with in-car entertainment systems, significantly increases the risk of pedestrian accidents. When drivers divert their attention from the road, they may fail to notice pedestrians crossing or walking alongside the road, leading to catastrophic consequences.
• Driving While Impaired: Drivers operating vehicles under the influence of alcohol, drugs, or other substances pose a severe threat to pedestrians. Impaired drivers may have reduced reaction times, impaired judgment, and compromised motor skills, increasing the likelihood of striking pedestrians.
• Mechanical Failure: In some cases, pedestrian accidents occur due to mechanical failures in vehicles, such as brake failures or steering malfunctions. These failures can lead to drivers losing control of their vehicles and colliding with pedestrians unexpectedly.

Understanding the common causes of pedestrian accidents is essential for identifying liability in such cases. If you or a loved one has been involved in a pedestrian accident, seeking the counsel of an experienced New York pedestrian accident lawyer can help determine fault and pursue the appropriate legal action for fair compensation and justice.

Common Injuries in Pedestrian Accidents

When a pedestrian is hit by a car, van, bus or truck, the result is often catastrophic for the pedestrian. There is nothing to protect a pedestrian from the force exerted by the vehicle. As a result pedestrian victims suffer serious injuries such as traumatic brain injuries (TBI), spinal cord injuries, fractures and broken bones, lacerations and cuts, internal organ damage, soft tissue injuries (e.g. bruises, sprains, strains), amputations , and psychological trauma. Sadly, many people who are hit by cars are killed.

Pursuing a Claim

Victims hit by cars suffer serious injuries and are often left in deep debt because of the substantial medical bills and the inability to work for an extended time period. However, holding the parties responsible for the accident will help alleviate financial stress caused by the accident. Through a personal injury lawsuit you may be able to recover damages for your medical expenses, lost wages, loss of future earning capacity, as well as pain and suffering. In special cases punitive damages may be available as well. If your loved one died in the accident, the decedent's personal representative may be able to pursue a wrongful death claim on behalf of his or her estate.

Note that in New York, the statute of limitations for filing car accident cases is 3 years. If you fail to meet the deadline, the court will dismiss you case. If you are unsure as to when the limitations period expired for your case, discuss you case with an experienced pedestrian accidents attorney in New York.

Contact Stephen Bilkis & Associates

Pedestrian car accidents are complicated. It is not always easy to determine fault. It is important that someone with experience to review all evidence including police reports, witness statements, accident scene photos, and medical reports to determine the events leading up to the accident and to establish fault. If you were injured in a pedestrian car an accident it is critical that you contact an experienced pedestrian accidents attorney serving New York who not only has experience handing car accidents, but is also familiar with the medical issues victims of such accidents experience. Contact Stephen Bilkis & Associates at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve accident victims and their families in the following locations: Westchester County, Suffolk County, Staten Island, Bronx, Brooklyn, Long Island, Manhattan, Nassau County, and Queens.

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