According to the Centers for Disease Control and Prevention, in 2013, there were 4,725 pedestrian deaths as a result of traffic crashes in the United States. This means that an average of 1 crash-related pedestrian fatality occurred every 2 hours. Additionally, the same year, over 150,000 pedestrians received treatment in hospital emergency departments (EDs) for non-fatal injuries related to crashes. It is 1.5 times more likely that pedestrians will die in a car crash than passenger vehicle occupants on each trip.
Common Questions about Pedestrian Accidents
Here is a look at some of the most common questions about pedestrian accidents and claims in New York:
Q1: If I lost a loved one in a pedestrian accident or am injured in one, can I file a lawsuit against the driver that hit me or my loved one?
A: Yes. If you can establish that the driver of the motor vehicle was at least partially at fault, you have the right to bring a civil lawsuit for damages, including wrongful death and personal injury.
Q2: What can I do if I was partially at fault for the accident as I was running across the street or walking outside of a crosswalk?
A: Even if you were partially at fault for the accident, you can still bring a claim against the vehicle driver if they were partially at fault. However, the percentage of your fault will reduce any damages that you may be entitled to recover. For example, if you were awarded $100,000 by the jury, but also placed 50% at fault, you would receive 50,000 as your recovery would be lowered by 50%.
Q3: If my child has been killed or injured by a car as a pedestrian, what rights do we have?
A: In cases that involve young children, it is recognized by the law that greater care needs to be exercised to protect them. Due to the fact that children’s conduct can be unpredictable, the law recognizes that a vehicle driver should anticipate a certain level of impulsiveness and thoughtlessness on children’s part. For example, if children are present near a school, their presence should serve as a warning to the vehicle driver to exercise more care while driving.
Q4: What if a family member is injured or killed while being a pedestrian by an underinsured or uninsured motorist?
A: If a person is injured or killed by and underinsured or insured driver, then they may look into coverage from their automobile insurance company for any injuries or death.
Get Legal Help for Pedestrian Accidents in New York
If you or a loved one has been injured in a pedestrian accident in New York, you should immediately seek the help of the skilled and reliable personal injury lawyers at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000. You can bring your accident-related documents to us to get them reviewed and find out if you have a viable case against the party at fault. The first meeting with us is free. RMFW Law knows how to win cases. We know which legal buttons to press and when to press them. We know the law in this city and we have won millions of dollars for past clients. You too can be on this big time list. Call RMFW Law today!
