Walking the streets of New York is part of everyday life, but living in one of the largest cities in the world comes at the cost of potential accidents. Getting injured as a pedestrian might feel overwhelming, especially if you’re unaware of standard procedures after accidents. Knowing your rights and understanding what steps to take after a pedestrian accident will make all the difference if you decide to pursue compensation.
Before you start filing pedestrian accident claims in NY, it’s best to understand the most common causes of pedestrian accidents and how a New York pedestrian accident lawyer can help you secure a fair outcome.
Common Causes of Pedestrian Accidents
Pedestrian accidents in New York happen for different, usually preventable reasons. Knowing the common causes is the first step in the process of determining liability.
- Driver Negligence: This is one of the leading causes of pedestrian accidents. Drivers who run red lights and fail to yield at crosswalks might put pedestrians in danger.
- Environmental Factors: Sometimes, it’s neither the driver’s nor the pedestrian’s fault. Improper road conditions and inadequate signage can all contribute to pedestrian accidents, as they make it harder for both parties to see and react to each other.
- Pedestrian Behavior: While drivers are often at fault, pedestrians also have a responsibility to follow traffic signals and avoid risky behaviors like jaywalking or crossing against the light.
Pedestrian Rights and Responsibilities Under New York Law
Pedestrians have legal rights to pursue compensation if they’ve been injured because of another party’s negligence. However, this doesn’t mean that they don’t carry their own responsibilities on the road.
Right of Way Laws
New York law gives pedestrians the right of way in many situations, especially in marked crosswalks. Drivers must yield to pedestrians crossing the street, but pedestrians also need to exercise caution to avoid inconveniences. For example, stepping into traffic without looking at both sides can reduce your ability to recover pedestrian accident compensation in New York. Knowing these laws is vital because violations by either party can influence the outcome of an accident claim.
How Comparative Negligence Affects Pedestrian Accident Claims in NY
The state’s comparative negligence system plays a big role in determining how much compensation can be recovered after pedestrian accident claims in NY. Comparative negligence means that you can still get compensated even if you’re partly responsible for the accident – like if you’ve crossed outside a crosswalk or were distracted by your phone. However, your payout will be reduced by the same percentage as your share of the blame. For example, if you’re 20% responsible, your total award will be reduced by 20%.
All in all, it’s all about fairness. But navigating these rules and correctly determining fault in pedestrian accidents in NY can be tricky. That is why having a skilled pedestrian accident attorney by your side is your best chance at getting the compensation you deserve.
Steps to Take After a Pedestrian Accident
Knowing what steps to take immediately after a pedestrian accident is your only guarantee of building a solid case and strengthening your claim.
Ensure Safety and Seek Medical Attention
Your first priority should always be your safety. Move out of harm’s way, call 911, and seek medical attention, even if you feel fine. Injuries like internal bleeding or concussions may not be immediately apparent, and it might be too late by the time you notice symptoms. Not only that, but medical records are also powerful evidence for recovering medical costs after a pedestrian accident. Prompt medical attention is also an indicator to insurers and lawyers that you’re taking your health and claims seriously and will seek fair compensation for your expenses.
Document the Scene and Gather Evidence
If you can, gather as much information as possible at the scene. Remember, no detail is too small – take photos of involved vehicles and any visible injuries. If the road conditions were part of the reason for your accident, take pictures of existing hazards. Get the driver’s contact and insurance details, and ask for contact information from any witnesses.
If you’re too injured to collect this information, don’t worry. That’s why you have an attorney – they can help gather this information later. Substantial evidence will make all the difference when filing insurance claims for pedestrians in NY or proving fault in a lawsuit.
Working with a New York Pedestrian Accident Lawyer
Navigating the claims process and dealing with insurance companies can be stressful, especially when you’re recovering from physical and psychological damages. A pedestrian injury attorney in New York can handle the legal complexities for you and fight for your right to a fair settlement.
Why Legal Representation Matters
Insurance companies often try to minimize payouts, even if the defendant is clearly at fault. A New York pedestrian accident lawyer knows the ins and outs of these tactics and understands how to counter them by aggressive negotiation. Having professional legal help makes it much easier to navigate the entire legal process, including determining fault and holding the at-fault party legally responsible. Hiring a skilled attorney is practically the only guarantee that you will get adequate compensation for all your losses, medical or otherwise.
What to Expect from Your Attorney
The first step of any attorney-client relationship is case evaluation. Once the case is investigated, your lawyer will start gathering evidence so no stone is left unturned and communicate with insurance companies. They’ll also help you calculate the full extent of your damages.
If a settlement can’t be reached through negotiation, your attorney will prepare to take your case to court and represent you. The best pedestrian accident lawyer in NYC will advocate fiercely on your behalf, ensuring you get the maximum compensation possible.
How to Choose the Right Lawyer
Choosing the right pedestrian injury attorney in New York can make a significant difference in the outcome of your claim, so it’s definitely not a decision you should be taking lightly. Look for an attorney who has specific experience in handling pedestrian accidents. Don’t forget to check their reviews, as a proven track record of previous satisfied clients is the best indicator that this person knows what they’re doing. A good lawyer will also offer a free consultation to discuss your case and answer your questions.
Final Thoughts
Pedestrian accidents can be life-changing, but knowing your rights and taking the proper steps can help you recover both physically and financially. If you’ve been injured, don’t wait to start seeking justice for too long – according to New York law, you only have three years to file a claim.
Working with an experienced New York pedestrian accident lawyer can ensure you receive the compensation you deserve for your expenses and non-economic damages. Besides, this person can give you peace of mind by handling all the heavy lifting and allowing you to fully focus on recovery. You don’t have to go through this difficult time alone – legal help is just a phone call away.
