Were you hit by a car or another vehicle while walking in New York? Whether the driver failed to yield the right of way or was driving distracted, our New York pedestrian lawyers can help. Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., has decades of experience helping injured New Yorkers get the compensation they deserve, including a $1.5 million settlement for a pedestrian accident.Attorney Judd F. Kleeger secured the settlement.
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Hit by a Car in NYC? Our Pedestrian Accident Attorneys Can Help
Were you hit by a car or another vehicle while walking in New York? Whether the driver failed to yield the right of way or was driving distracted, our New York pedestrian lawyers can help. Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., has decades of experience helping injured New Yorkers get the compensation they deserve, including a $1.5 million settlement for a pedestrian accident.
Call us at 212-490-5700 or contact us online to request your free consultation. We won’t charge you up-front costs, and you won’t owe us anything unless you recover compensation.
New York has strict traffic laws regarding pedestrians. These traffic laws require motorists to yield to pedestrians in almost every situation and to do everything possible to avoid pedestrian accidents. Even with these laws, 9% of NYC traffic accidents involve an injured or killed pedestrian, resulting in more than 8,000 injuries and 116 pedestrian deaths in 2022.
Right-of-Way in Pedestrian Accidents
Generally, pedestrians in a crosswalk always have the right-of-way. New York pedestrian traffic law states that pedestrians must obey traffic control signals, signs, and pavement markings.
Pedestrians will have the right-of-way when there isn’t a traffic control device, especially if they are in a crosswalk. Drivers must yield, or they can be held responsible for causing an accident.
Fault & Liability in NY Pedestrian Accidents
If you’ve been hurt while walking, you’ll need to prove the defendant was liable for your accident by showing that they were negligent. A driver that speeds through a crosswalk while you have a walk sign has breached their duty of care, meaning they are liable for your injuries.
Comparative Negligence in NY
New York is a “pure comparative negligence” state. You’ll be able to recover a settlement against an at-fault driver if you are hurt, but your settlement will be adjusted according to how much you contributed to the accident.
So if you failed to follow traffic signals, but a driver shares most of the liability for your injuries, you can still recover damages. You probably will lose your chance at maximum compensation in a personal injury claim.
Common Causes of Pedestrian Accidents in NY
As a pedestrian walking on a busy street or crowded parking lot, you must follow traffic laws.
However, you can adhere to the rules of the road and still be injured due to a driver’s negligence or inattention.
Common reasons motorists hit pedestrians include:
Distracted driving
Speeding
Running a red light or stop sign
Turning on red
Unprotected left turns
Drunk driving
Failing to yield to the right of way
Improper lane changes or merging
Backing up
Failing to check blind spots
A pedestrian accident lawyer in Manhattan can help prove the driver disobeyed the law and drove recklessly, even if the driver is uninsured.
Common Pedestrian Accident Injuries
Pedestrian accidents often cause significant injuries. Whether in a wheelchair, on a skateboard, walking, or running, you likely had minimal defenses against a moving car. The impact can be traumatic.
Common injuries in a pedestrian accident include:
Broken bones
Neck, shoulder, and back injuries
Soft tissue injuries
Dislocations
Road rash
Concussion and Traumatic Brain Injury
Spinal cord injuries and paralysis
Nerve damage
Knee injuries
Crush injuries
Amputation
Internal organ damage
Scarring and disfigurement
Sensory loss
Psychological trauma
FATAL PEDESTRIAN ACCIDENTS IN MANHATTAN
Unfortunately, pedestrian accident injuries can be fatal. When you lose a relative in a Manhattan pedestrian accident, you could be entitled to compensation.
Contact a compassionate New York wrongful death attorney for legal guidance. We know your grief might feel overwhelming. We’re here to help however we can.
Hit-And-Run Pedestrian Accidents
A hit-and-run pedestrian accident occurs when a vehicle strikes someone and the driver flees the scene. They do not stop to provide aid or exchange information.
This type of accident is not only illegal, but also extremely dangerous for the victim. They may suffer extreme injuries or even death.
New York Hit-and-Run Laws in Pedestrian Accident Cases
Under New York Vehicle and Traffic Code, Section 600, a hit-and-run occurs when a driver fails to stop at the scene of an accident involving property damage, injury, or death. This law mandates that drivers involved in an accident must:
Stop their vehicle at the scene.
Exchange information with the other parties involved. That means giving their names, addresses, insurance information, and driver’s license numbers.
Report the accident to the police if necessary.
Challenges of Identifying the Hit-And-Run Driver
Identifying a hit-and-run driver can be extremely challenging due to several factors:
Lack of Witnesses: Many hit-and-run pedestrian accidents occur in areas with limited visibility or at times when there are few people around. This absence of witnesses makes it difficult to gather crucial information about the fleeing vehicle.
Limited Evidence: The evidence left at the scene is often insufficient for identifying the driver. Tire marks, debris, or paint chips might provide clues. However, they are not always conclusive.
Vague Vehicle Descriptions: Even when someone sees your accident, descriptions of the vehicle can vary wildly. That makes it challenging to narrow down the search.
Time Constraints: It’s crucial to gather evidence and identify potential witnesses in the aftermath of an accident. Any delays in reporting the incident can slow the investigation.
Driver’s Deceit: Hit-and-run drivers often take deliberate steps to avoid detection They might alter their vehicle’s appearance or use fake license plates.
Resource Limitations: Law enforcement agencies may have limited resources to dedicate to hit-and-run cases. They may not have enough evidence to make headway in their investigation.
Using Uninsured Motorist (UM) Coverage in a Pedestrian Hit-And-Run Case
When a driver flees an accident involving two vehicles, the victim can typically use their uninsured motorist (UM) coverage. This insurance helps with property damage and injuries.
However, pedestrians hurt by a hit-and-runs have a limited use of their insurance.
If you were hurt by a driver who fled the scene, you can use your health insurance for medical bills. Your other losses may not be covered by your car insurance, like your lost wages.
If you have short- or long-term disability coverage, you may be able to use it for lost wages if you cannot find the negligent driver.
Injuries and damages can vary when pedestrians are hit by cars. In many cases, it wouldn’t be surprising if the victim suffers broken bones, lacerations, or even nerve damage. Cars are obviously much bigger than people, and if they’re going fast enough, the victim could be sent flying once the car hits them. These injuries could mean extremely high medical expenses.
Negligence in Pedestrian Accidents
If you’ve been hurt by someone else’s negligence, you could be eligible for compensation for your economic and non-economic losses. These damages can be difficult to calculate, but one of our skilled pedestrian accident lawyers can help you maximize your claim.
What Damages Are Available in NY Pedestrian Claims?
Your economic losses are the losses that you’d pay for out of your own pocket after an accident. Economic losses include current or future expenses, damaged property, diminished earning capacity, and more. These expenses can be calculated by looking over your bills, receipts, or pay stubs.
You can also pursue non-economic losses, although these are more challenging to calculate. They’re conceptual losses that you’ve experienced because of your injuries. There aren’t monetary losses that can be easily assigned to your losses. Your losses could include pain and suffering, mental anguish, emotional distress, permanent disfigurement, loss of enjoyment of life, or the loss of companionship. Your attorney can help you determine an accurate break down of your economic and non-economic losses.
Fatal Pedestrian Accidents
If a loved one is killed in a pedestrian accident, it’s possible you can file a wrongful death lawsuit on their behalf. Although a settlement won’t bring them back, it can ease your suffering and punish the person responsible for your loss. The wrongful death lawyers at Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., have helped many clients get compensation for their loved ones’ fatal tragedy.
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
If you’ve been hit by a car in NYC, it’s understandable you might feel overwhelmed as you deal with your losses. There are critical steps to take after your accident to maximize your compensation. You shouldn’t have to worry about recovering financially as you recover physically.
Stay Calm and Cooperate
As challenging as it might be, staying calm after you’re struck by a car is essential. You don’t want to say anything that will spoil your injury claim or do anything to threaten a possible settlement. Don’t argue with the guilty driver. Call 911 as soon as you can. A witness might call the authorities if you’re unable. Cooperate with any emergency responders: answer law enforcement’s questions and follow the EMTs’ advice. You can ask the police for a copy of their report. If the EMTs recommend you get treated at a hospital, let them take you.
Document Your Accident Scene
If you can, get as much evidence at the scene as you can. That means taking pictures of the car that hit you, the area around your accident, the car’s plate, and anything else that could demonstrate the driver’s negligence. Try your best to get any eyewitnesses’ contact information or statements. Your attorney can reach out to them while they investigate your accident. Get the liable driver’s important information before you leave the scene: that means their name, address, driver’s license number, and insurance information. If they flee the scene, note as many descriptors as possible so that the police can find them.
Visit a Medical Professional
If you aren’t taken from the accident directly to a hospital, go see a doctor within 24 hours of your accident. Even if you feel okay, you could have “invisible” injuries or delayed symptoms. A doctor’s evaluation can document your injuries and damages, along with ensuring your health.
Call a Personal Injury Lawyer
You should contact an experienced NYC personal injury lawyer to help you handle the legal aspects of your case. The right lawyer will hear your story and investigate your accident. They can help you file the necessary paperwork and negotiate with the insurance company to reach a fair settlement. Your attorney can be your representative in court proceedings. If the insurance company doesn’t cooperate, your lawyer will help you file a lawsuit.
What If a Taxi or Uber or Lyft Driver Hit Me While I Was Walking in NYC?
Taxis, Uber, and Lyft drivers often drive closer to sidewalks than they should. They also fail to adhere to the rules of the road when trying to pick up riders. If you were a pedestrian and got hit by a taxi or Uber/Lyft driver, then you should contact a pedestrian accident attorney right away.
What Evidence is Used in a Pedestrian Accident Claim?
Most pedestrian accident cases rely heavily on evidence collected from the scene, which is why an investigation is important. We will collect information from eyewitnesses, traffic cameras, dash cams, accident reconstructionists, and expert witnesses to prove you deserve compensation.
Where are Pedestrian Accidents Likely to Occur?
Pedestrians can be hit by any vehicle whenever they travel across a vehicle’s path. That might sound like common sense, but that means any time a pedestrian enters a lane where a vehicle will travel, they could become a victim. That means sidewalks, parking lots, streets, public paths, or even bike lanes could all be areas where an accident could happen.
What should I do if my pedestrian accident was a hit-and-run?
Navigating the aftermath of a hit-and-run pedestrian accident can be overwhelming. Hiring an attorney can provide invaluable support and guidance. Your lawyer can conduct a thorough investigation to gather important evidence. They can also communicate with insurance companies to maximize your compensation. You will have less stress when you work with a lawyer so that you can focus on healing and moving forward with life.
Who Pays For Your Medical Bills After A Pedestrian Accident?
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Video Transcript
Accidents involving pedestrians and accidents involving other motor vehicles are similar in that you're looking to the negligence of the person driving the motor vehicle. However, there's other considerations ... when it comes to no fault, which is who pays your medical bills, who pays your lost earnings, aside from your claim against the driver of the other vehicle. For example, if you're in a pedestrian accident, the car that hits you is responsible for up to $50,000 of your medical expenses and lost earnings. However, in a vehicle on vehicle accident, it's the host vehicle who will be responsible for the medical expenses and the lost earnings. And that's aside from your lawsuit for pain and suffering and other expenses relating to the accident.
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Call Our NYC Pedestrian Accident Attorneys Today
Pedestrians involved in car accidents can be seriously injured or killed and deserve compensation for their losses. In addition to your physical injuries, you must address the psychological impact and navigate the financial difficulties that follow unexpected medical expenses and lost wages. At Hecht, Kleeger & Damashek, Personal Injury Lawyers, P.C., we will gather the facts, assess your damages, and help get you back on your feet. Don’t let insurance companies pressure you into accepting less than you deserve, and always be aware of your rights.
You can reach us online or call 212-490-5700 to schedule your free consultation. There are no costs up-front, and you won’t owe us anything until you recover compensation.
