In New York State, pedestrian injury is one of the top 10 leading causes of injury-related hospital admissions and death for almost all age groups. In 2021, New York City pedestrian deaths were tracking much higher than in years previous, despite Mayor De Blasio’s pledge to make the City’s streets safer for pedestrians. For each pedestrian killed in an accident, an estimated almost 18 times that number required hospitalization for their injuries. Even more are injured enough to seek some type of medical attention.
In this blog post, we’ll review what to know about pedestrian accidents in New York. If you or a loved one has been injured in an accident, we can help. Accidents can have an impact on your health, well-being, and finances which can cause worry, fear, and anxiety -- for you and your family. The attorneys of Brandon J. Broderick have decades of experience championing for our clients and succeeding, even when other attorneys say there is no case and insurance adjusters deny or devalue your claim.
Is the driver always at-fault in a pedestrian accident in New York?
As a no-fault insurance state, pedestrians injured by a vehicle are generally eligible for compensation for medical bills and lost income in New York. Pedestrians crossing in a crosswalk have the right-of-way, so a driver who hits a pedestrian in a crosswalk may likely be at-fault. In the event the pedestrian was not exercising reasonable care, such as darting out in the road or being under the influence, they may be considered partially at-fault in the accident. In New York even if you are partially at-fault, you are still able to file a claim for comparative compensation for your injuries.
What is the average settlement for a pedestrian accident in New York?
If you are hit by a car as a pedestrian, your first avenue for compensation will be the driver of the vehicle that hit you. Meaning, you’ll seek compensation for your medical bills, pain and suffering, and lost income from the driver’s auto insurance carrier.
But, in some cases you may be able to collect compensation from a third party. Some pedestrians are hit as a result of a chain-reaction crash, in which case multiple drivers may be involved and bear some portion of liability. Or, you may be able to file a claim against the property owner’s insurance if a hazardous condition in their parking lot played a role in the accident.
Examples of what you may be entitled to compensation for include:
- Medical and hospital bills
- Rehabilitation costs
- Ambulance costs
- Transportation to doctor appointments
- Loss of income
- Pain and suffering
- Punitive damages
In cases of fatal pedestrian accidents, the representative of the deceased’s estate can pursue justice in the form of a wrongful death lawsuit. Serious pedestrian accidents will impact the entire household if a loved one has been seriously injured and can’t contribute to the family. It is imperative that you consider the full extent of your injuries and don’t make the mistake of undervaluing them by accepting an early offer from an insurance company.
Do I need a lawyer for a pedestrian accident?
Even though New York is a no-fault insurance state, you still should consult a lawyer after a pedestrian accident in NYS. However, highly rated personal injury lawyers have the knowledge and past experience to gather evidence, interview witnesses, consult with experts and negotiate with insurance companies that you probably don’t have. Victims tend to get more compensation with the help of a lawyer than going it alone.
Accepting an Insurance Settlement
Before you can figure out if a settlement offer is fair, you need to know how much your injuries are worth. An offer may seem like a lot of money until you realize that this amount won’t even begin to cover your medical expenses, lost wages, and other potential losses. If you’ve been seriously injured, you may not even know the extent of your injuries for some period of time.
An insurance company will quickly offer you a settlement and try to convince you to accept it. Or, the insurance company is lowballing you and doesn’t think you will fight back to get a fair settlement. More often than not, the answer is to consult with and hire an experienced New York pedestrian accident attorney.
Accepting an offer from the insurance company will require you to give you important rights, including the ability to file a lawsuit for your injuries. That is why it is so important to understand the full value of your claim and to know that you can and should reject any offer that doesn’t fairly compensate you for your losses. Working with a skilled pedestrian accident attorney can make all the difference in the outcome of your case.
Brandon J. Broderick, New York Pedestrian Accident Attorney
At Brandon J. Broderick, Attorney at Law, we have a proven track record of success getting the compensation our clients deserve after being injured. With our commitment to client care and aggressive representation, we can turn your setback into a comeback.
When you hire a pedestrian accident lawyer from our team, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay.