Brooklyn Pedestrian Accident Lawyers

Walking is the top mode of transportation in New York City, and Brooklyn is one of the most walkable and picturesque boroughs, particularly the Brooklyn Heights, Boreum Hill, and Cobble Hill neighborhoods. 

Unfortunately, with such high numbers of pedestrians at any given moment, pedestrian accidents are a regular occurrence, making New York one of the top 10 states with the highest rate of pedestrian fatalities. Each year, nearly 6,000 pedestrians are seriously injured while crossing the street in New York City. 

According to a New York City Department of Transportation (NYC DOT) report:   

• Victims are 10 times more likely to be killed than the driver who struck them.
• Approximately half of all New York City traffic-related deaths are pedestrians.
• One of every five traffic-related child fatalities is a pedestrian.
• Over one-third of pedestrian accidents are caused by distracted driving, and one-quarter are due to drivers failing to yield to pedestrians.
• Most drivers are unaware of the city’s speed limits.
• Male pedestrians, children, and adults over 60 have the highest risk of being struck by a car.

Walking can be a dangerous activity throughout New York City. For over 50 years, the Brooklyn pedestrian accident lawyers at Rubenstein & Rynecki have fought for clients injured by negligent drivers, successfully recovering hundreds of millions of dollars in compensation for their injuries and losses.

New York Pedestrian Accident Laws You Need to Know

New York has numerous traffic laws designed to protect pedestrians and reduce serious car accidents, such as the following:

• Drivers must yield to pedestrians in marked and unmarked crosswalks.
• Pedestrians must obey traffic signals and crosswalk rules.
• Drivers must exercise due care to avoid striking pedestrians.
• Pedestrians cannot suddenly enter traffic when vehicles cannot safely stop.
• Drivers must approach intersections and crosswalks at a safe speed.
• Drivers cannot pass vehicles stopped for pedestrians at crosswalks.
• Drivers who leave the scene of a pedestrian accident may face civil and criminal penalties.

New York City’s Vision Zero initiatives have reduced speed limits on many city streets and increased enforcement of traffic violations that endanger pedestrians.

What Areas of Brooklyn Are the Most Dangerous for Pedestrians?

Several areas of Brooklyn are particularly dangerous for pedestrians, owing to a high volume of traffic; confusing intersections; and a large mix of vehicles, foot traffic, and cyclists. Dangerous streets and intersections in Brooklyn include:

• Atlantic Avenue and Clinton Street 
• Flatbush Avenue 
• Hooper and South Fifth Street
• Lawrence and Willoughby Streets 
• Linden Boulevard 
• Newkirk Avenue 
• Smith and Wyckoff Streets
• Sterling Place and Kingston Avenue 
• South Fourth and Keap Streets
• South Third and Havemeyer Street
• Tillary Street and Flatbush Avenue 
• Williamsburg Bridge, Brooklyn approach

What Are Common Pedestrian Accident Scenarios in Brooklyn?

Pedestrian accidents can occur almost anywhere, but certain situations are particularly common throughout Brooklyn, such as:

• Drivers failing to yield at crosswalks
• Left-turn and right-turn collisions at intersections
• Distracted driving accidents involving cell phones or other devices
• Speeding in residential neighborhoods and school zones
• Drivers backing out of driveways, parking lots, or parking spaces
• Accidents involving rideshare vehicles, taxis, and delivery drivers
• Pedestrians struck while crossing with a walk signal
• Hit-and-run pedestrian accidents
• Accidents involving buses, commercial trucks, and other large vehicles

Many of these accidents occur because drivers fail to notice pedestrians until it is too late to avoid a collision.

Who Is Liable for a Pedestrian Accident in Brooklyn?

Liability depends on how the accident occurred. In many cases, the driver who strikes a pedestrian is typically responsible because of speeding, distracted driving, failure to yield, or other negligent behavior. Depending on the circumstances, other parties may also share responsibility, including:

• Commercial vehicle owners and employers
• Rideshare companies and drivers
• Government agencies responsible for public transit, roadway maintenance, or traffic control devices
• Property owners whose actions contributed to unsafe conditions
• Vehicle manufacturers if a defect played a role in the accident

Determining liability often requires a thorough investigation, including reviewing police reports, surveillance footage, witness statements, and accident reconstruction evidence.

What Injuries Do Pedestrians Suffer When Hit by a Car?

Owing to the height and weight difference between pedestrians and vehicles, pedestrians typically suffer serious injuries during an accident, even at low speeds. In most instances, pedestrians are not only struck but are also thrown onto the vehicle’s hood or windshield or through the air. The taller the vehicle, the more catastrophic the injuries. Some of the most serious injuries include:

• Amputated or crushed limbs
• Back, neck, and spinal injuries
• Broken or crushed bones, often multiple
• Deep lacerations
• Disfigurement
• Head and facial damage
• Nerve damage
• Organ damage and punctures
• Paralysis
• Traumatic brain injuries

Who Is Responsible for My Injuries if I Am Struck by a Car?

New York is one of the few states with no-fault insurance laws. When registering a vehicle in the state, vehicle owners are required to purchase a minimum of $50,000 in personal injury protection (PIP). If injured in a car accident, both drivers are required to first seek compensation from their own PIP coverage for medical expenses, lost wages, and more, regardless of who is at fault for the accident. However, most Brooklyn residents do not own vehicles nor have PIP insurance coverage.

Pedestrians without insurance can file a claim with the driver’s PIP insurance for compensation. New York uses the rule of pure comparative fault for pedestrian accident claims, meaning even if you are 99% at fault, you have the right to file a claim against the driver.

Even if you do carry PIP coverage, the expenses incurred for severe injuries quickly add up and often exceed the $50,000 minimum. If your damages exceed the minimum coverage, you can seek legal action against the driver to recover economic and non-economic damages, such as pain and suffering, loss of consortium, wrongful death, medical expenses, and lost wages.

What Compensation Can Pedestrians Recover After an Accident in Brooklyn?

Compensation after a pedestrian accident is based on the severity of your injuries and the overall financial and emotional impact they have on your life. Typically, you can recover compensation for damages such as:

• Medical expenses 
• Lost wages and future earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement
• Rehabilitation and therapy costs
• Loss of life enjoyment 
• Wrongful death 

New York applies pure comparative negligence, which allows you to recover compensation even if you were partially responsible for the accident, though your recovery will be reduced by your percentage of fault.

What Should I Do If I Am Hit by a Car?

Your actions after an accident can provide valuable evidence for your injury claim. Provided you are unhurt or suffered only minor injuries, you should take the following steps after an accident:

• Call the police and report the accident.
• Exchange contact and insurance information with the other driver.
• Photograph everything at the scene.
• Gather contact information from any witnesses.
• Seek medical attention as soon as possible, even if you feel fine. 
• Maintain all records related to the accident.
• Do not speak to insurers without legal advice.
• Consult an experienced Brooklyn pedestrian accident lawyer as soon as possible.

How Can Rubenstein & Rynecki Help Me After a Pedestrian Accident?

Hiring an experienced Brooklyn pedestrian accident attorney provides comprehensive legal representation and peace of mind. At Rubenstein & Rynecki, our experienced pedestrian accident lawyers can:

• Investigate the accident
• Establish your ongoing healthcare needs
• Prepare and file all required documents within designated deadlines
• Interview witnesses
• Hire experts
• Negotiate a settlement with insurance companies
• Represent you in court should your case proceed to trial

Our skilled Rubenstein & Rynecki legal team has over 50 years of experience handling personal injury claims, recovering hundreds of millions of dollars in compensation for our injured clients.

Frequently Asked Questions for a Brooklyn Pedestrian Accident Lawyer

Do Pedestrians Always Have the Right-of-Way?

Not necessarily, and pedestrians must follow the same rules of the road as motorists.

Can Pedestrians Cause Car Accidents?

Yes, pedestrians can be responsible when jaywalking or stepping into traffic without looking, which may limit compensation, even if injured.

Can Drivers Seek Compensation from Pedestrians?

Yes, if a driver is injured in an accident caused by a pedestrian, the pedestrian could be responsible for compensation, typically through their auto insurance.

Can Drivers Face Criminal Charges for Hitting a Pedestrian?

Drivers can be found criminally liable and prosecuted for hitting a pedestrian, which can cause catastrophic, life-altering injuries.

What If the Driver Who Hit Me Was Uninsured?

You can still seek compensation through your own uninsured motorist (UM) insurance coverage, or potential legal options to recover the additional damages.

Brooklyn Pedestrian Accident Lawyers at Rubenstein & Rynecki Help Injured Pedestrians

A simple activity such as walking can be dangerous in urban areas with high rates of congested vehicle and pedestrian traffic. If you or a loved one were struck and injured while walking, the experienced Brooklyn pedestrian accident lawyers at Rubenstein & Rynecki can help you seek the compensation you deserve. Call us at 718-522-1020 or complete our online form today for a free consultation. We have offices in Brooklyn, NY, and serve clients in the surrounding area.