New York City Pedestrian Accident Attorneys Assist Injured Accident Victims
New York City has more foot traffic than any other city in the nation. While pedestrians abound, so do pedestrian accidents. According to statistics from the NYC Department of Transportation (DOT), 115 pedestrians were killed in NYC traffic accidents in 2018. Drivers are often at fault for causing pedestrians’ injuries.
Significant injuries, such as brain injury and spinal injury, can happen when pedestrians are struck by motor vehicles. Costs associated with these injuries are astronomical and far exceed the limits of no-fault coverage. However, when you meet the legal standard for a serious injury, you may have the right to bring a lawsuit. At Rubenstein & Rynecki, we bring more than 40 years of experience to every case we handle. If your injuries are severe, we can help you sue negligent parties and obtain financial relief.
Liability in pedestrian accidents
Motorists who violate traffic laws by speeding or by not yielding the right-of-way can seriously harm pedestrians. A New York DOT study indicated that close to 36 percent of pedestrian crashes resulted from driver inattention. The study also revealed that about 27 percent of fatal pedestrian crashes involved the driver's failure to yield.
Pedestrians who violate traffic rules typically bear some the liability for their own injuries. Courts reduce compensation by a victim’s percentage of negligence. However, even when the court assigns some negligence to the injured pedestrian, recovery of damages may still be possible.
Common accident injuries
Being struck by a vehicle can leave a pedestrian with catastrophic, lifelong injuries. The most dangerous and potentially deadly traffic conditions for pedestrians are on roadways where cars drive at high speeds. Yet, accidents at urban crosswalks or intersections can also cause serious injuries. Broken arms and legs, head injuries, brain injuries, back injuries, neck injuries and spinal cord injuries are common.
Damages available for pedestrian injuries
Pedestrians who sustain serious injuries in traffic accidents are faced with significant and sometimes long-lasting financial losses, which can include:
- Present and future medical bills
- Rehabilitation costs
- Homecare costs
- Present and future lost income
- Physical pain and emotional suffering
- Loss of quality of life
- Loss of enjoyment of life
As your legal counsel, our job is to maximize the amount you can recover so you are truly compensated for your losses, whether in a settlement or at trial. We consult with medical and financial experts to get an accurate picture of your total losses and build a compelling case for recovery.
Comparative negligence can reduce your damage award
In many pedestrian accident cases, there is an obvious victim and an obvious wrongdoer. However, some cases involve shared liability, where both a pedestrian and a motor vehicle operator acted carelessly. New York operates under the rule of pure comparative negligence, which reduces a victim’s damage award according to their share of the blame. For example, if the court decides a victim is 30 percent at-fault, he or she can only recover 70 percent of their losses. Thus, if total losses amount to $100,000, the victim is only entitled to $70,000 from the defendant.
Defense attorneys often use comparative negligence to reduce the amount their client must pay. As your counsel, we protect you from allegations of comparative negligence to maximize your recovery.
New York’s statute of limitations restricts your time to file a claim
It’s never wise to rush into a personal injury settlement, because your prognosis for recovery could be wrong. You might discover later on that your injuries were far worse than thought at the time. However, you can’t delay forever. New York law gives victims of pedestrian accidents three years from the date of the occurrence to file a personal injury lawsuit. It’s also wise to begin planning a case early, when evidence can be preserved and witnesses’ memories are fresh.
Contact our NYC personal injury lawyers for a pedestrian accident consultation
Rubenstein & Rynecki and its previous firms in New York City have represented clients in pedestrian accidents and other types of accident cases since 1972. It costs you nothing to discuss your accident with us and we may be able to help. No recovery, no fee. Call 718-522-1020 or contact us online today to schedule a free consultation.