New York City Personal Injury Law Blog

Defining a Pedestrian Accident

Posted on Jul 9, 2017 in Pedestrian Accidents

Pedestrian Accident

If you have been injured due to inadequate or badly maintained road conditions while walking down the street, then you can hold the city’s authorities responsible for it and get compensation. However, remember that prompt action must be taken to exert your rights as pedestrian accident claims are time bound.

What Constitutes a Pedestrian Accident?

In the eye of law, a pedestrian accident is said to have happened when a person is struck by a moving vehicle; injury arising from speeding, running, and the failure to yield; accidents from cars, buses, and trucks; crosswalk accidents; automobile accidents that result in fractures and when a person walking on a roadway at night is injured.

What You Need to Do?

  • If you have suffered a personal injury, take photographs of the scene of the accident and positions of all vehicles involved, if any. Most likely you have a fancy smart phone, use it! It is a tool; not just something that can be used for goofy social media posts!
  • Record the names of all witnesses if there are any at the time of the accident as also their contact numbers.
  • Never sign any document regarding the accident’s facts, excepting those for medical care.
  • Record all relevant information of any vehicle involved in the accident.

Pedestrian Accidents and The Law

All pedestrian accidents that involve motor vehicles and occur in the city of New York City fall under the No-Fault laws of the state. All claims for such No-Fault benefits need to be filed within 30 days of the accident. For those pedestrians walking on highways and getting injured by speeding cars, provisions of Sections 1151 & 1146 of the Vehicle & Traffic Laws apply.

This stipulates that the vehicle’s driver shall slow down, yielding the right of way or stop when he sees a pedestrian crossing the roadway within the crosswalk. The pedestrian on the other hand, must yield the right of way to any vehicle if he crosses any roadway which is not a part of the crosswalk.

However, compensation is awarded on a thorough study of comparative fault standards which also involves examining the pedestrian’s behavior and determining if he could avoid the accident or was otherwise careless while walking on the road. These are bound by Sections 1150 –1152 of Article 27 of the Vehicle & Traffic Law.

RMFW Law gets the job done!

You can avail the services of specialist pedestrian injury lawyers who will not only investigate your case but also help coordinate all medical treatment involved so that you get the best care under No-Fault insurance. Such legal pros also file all necessary documents with a court of law to avoid the time bar and for preservation of your rights.

One such renowned legal firm is Rosenberg, Minc, Falkoff, & Wolff LLP or RMFW Law which so far has won compensation for over 95% of its clients in pedestrian injury cases. Our attorneys shall thoroughly investigate your accident, gathering all relevant and important evidence so that you get your full compensation from those responsible for your mishap. We simply aim to get you the deserved compensation for all your pain & suffering, lost wages and medical expenses.

Contact our office at 212 697 9280 for a free and confidential evaluation of your case. You pay us nothing until we pay you! Well, RMFW Law only takes a percentage at the end so you really you never have to write us a check and we know how to win cases outside and inside of the courtroom.

Call RMFW Law now!

Comments

I Chose The Right Attorney - “Attentive, Professional and Know About the Law…”

I referred Rosenberg, Minc, Falkoff & Wolff to a friend needing help with a birth injury & medical malpractice case. Having worked with founding partner Daniel Minc myself on a car accident case, I was sure they would be able to deliver results.

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