Recent research studies show that the number of car crashes in the last couple of years has decreased, which is obviously very good news. Every year nearly 36,000 people die from car collusions, so any decrease in the number of fatalities is to be lauded. On the other hand, the number of pedestrian fatalities on public highways is on the rise. According to the National Center for Health Statistics, in 2018 alone, about 7,400 pedestrians succumbed to their road accident injuries.
Recent research studies show that the number of car crashes in the last couple of years has decreased, which is obviously very good news. Every year nearly 36,000 people die from car collusions, so any decrease in the number of fatalities is to be lauded. On the other hand, the number of pedestrian fatalities on public highways is on the rise. According to the National Center for Health Statistics, in 2018 alone, about 7,400 pedestrians succumbed to their road accident injuries.
The Center for Disease Control also concurs with these alarming numbers; one CDC study found that every 1.5 hours, one pedestrian dies in a vehicle-related accident in the US. As you can imagine, most vehicle crashes usually result in injuries, however, quite a few of them cause severe injuries that lead to fatalities.
And considering the fact that traffic in New York City is increasing every year, it’s no surprise that the number of pedestrian accidents in NY is relatively high. There is nothing more gut-wrenching than losing a loved one in a devastating pedestrian accident. The expensive medical bills, a lifetime of lost wages, and the ongoing consequences on a victim’s family can be crushing.
If someone you love has lost their life simply due to the negligence of a driver, you may be able to pursue legal action. In fatal pedestrian accidents in New York, the family of the victim can sue the reckless driver or whoever caused the accident, and pursue wrongful death compensation for the loss.
Why Are Pedestrian Accidents So Deadly in New York?
When a fatal vehicle crash involving a pedestrian occurs, it is almost always the pedestrian that loses their life – never the driver. Since there are not much safety restraints or protection regulations for pedestrians, they are more likely to suffer from debilitating injuries or death when they are hit by a vehicle.
In fact, pedestrians are 10 times more likely to die in an accident than occupants of the vehicles that caused accident. A study conducted by ProPublica found that vehicles, especially SUVs, are way more lethal to pedestrians than people think. If the pedestrian is older or falls into the “elder” category, the risk of suffering grave injuries in an accident is even higher.
Also, a pedestrian doesn’t stand much of a chance against being crashed into by even the smallest of vehicles, like a bike. There are more high-horse powered vehicles on road these days, and drivers are driving at record-breaking speed, making the odds of survival for pedestrians bleak.
Sports Utility Vehicles or SUVs have gained more popularity in the past few years, and drivers today have more electronic devices to keep them distracted. Most pedestrians may feel safe when crossing a busy street in New York, but the truth is, crosswalks are no protection against a driver who is texting or posting an update on their social media!
And since we are talking about all the factors that contribute to pedestrian-vehicle accidents, we can’t ignore poor infrastructure. If a pedestrian is walking in an area where traffic lights are not maintained or there is no sidewalk, they will have a greater risk of being hit by a vehicle.
So, if one of your beloved family members has been a victim of a fatal vehicle collision, we recommend talking to a dedicated personal injury attorney in New York. It’s important to remember that wrongful death claims have strict time constraints, so the victim’s family must act fast to bring the culprit to justice.
What Are the Common Causes of Crosswalk Pedestrian Accidents in NYC
Some of the most common causes of fatal pedestrian accident in New York include:
- Distracted driving
- Making left-hand turns; when the driver is more focused on navigating the intersection than looking out for pedestrians on the crosswalk
- Failure to yield to pedestrians
- Failure to see the pedestrian(s) when backing up the vehicle
- Driving under the influence of drugs or alcohol
- Speeding
- Poor lighting or inclement weather conditions
How to Avoid Fatal Pedestrian Accidents in New York?
More than 8 million people live within the 5 boroughs of New York City, and many of them walk the city streets every day. This doesn’t even include the tourists and commuters that pour into the Big Apple to visit the countless galleries and museums. Walking is considered the cheapest and most convenient way to roam the traffic-heavy streets of NYC.
No matter how rule-abiding you are on the road, a deadly pedestrian accident in New York can still happen if the driver is reckless or neglectful. However, paying attention to traffic safety rules may still be able to help you avoid a lethal accident.
There are certain precautions you can take while walking, such as:
- Always stay alert, especially if you are crossing the street
- Always use a sidewalk, if possible
- If there are no sidewalks, walk on the shoulder of the road so you are facing the oncoming traffic
- Never ever assume that a driver sees you
- Don’t use your phone or any other electronic device when you are walking
- If it is dark out, consider wearing bright-colored clothing so you are visible to drivers
What Kind of Compensation is Available for the Families of Fatal Pedestrian Accident Victim?
According to the New York Vehicle and Traffic Law (section 1146), all vehicle drivers must be extremely careful to avoid crashing into pedestrians. They should beep their horns to warn the pedestrians, when necessary, and not use any electronic devices while driving.
Failure to be vigilant while driving can cause a pedestrian-related accident, in which case they can be sued by the accident victim or the victim’s family for negligence. If the careless behavior of driver led to the pedestrian’s death, the victim’s family or estate could be entitled to monetary compensation.
If you lost your loved in a fatal pedestrian accident, it can put you in a tough spot, financially as well as emotionally. When you are mourning the loss of a family member, the last thing you need is to worry about paying the exorbitant medical bills or funeral expenses that occurred as result of the accident.
This is why a wrongful death claim exists. It helps you preserve your rights and reduce the financial burden that you were forced to bear for no fault of your own. The emotional trauma associated with a loved one’s loss can never be erased, but you can still get justice and a sense of closure by bringing a wrongful death claim against the responsible party. With the help of this lawsuit, you may be able to recover financial compensation for the following:
- Hospital bills incurred as a result of the victim’s injuries
- Lost income and benefits, including future earning potential
- Expenses related to burial and funeral
- Los of care, companionship, guidance, or comfort
- Grief, mental suffering, emotional pain, and sadness
If the driver acted with gross recklessness or negligence, i.e., they were drinking and driving, you may also be able to receive “punitive damages”. These damages are awarded by the court and jury to discourage other drivers from acting in a similar way.
Your loved one may have lost their life immediately, or they could have been in the hospital, fighting for their life for days, weeks, or months after the crash. Whatever the case, you may want to call a pedestrian accident attorney in New York as soon as possible.
When you child, spouse, parent, sibling, or other close relative’s demise is the result of a rash driver, you have the right to pursue compensation. In order to have a successful case, it is critical to work with an attorney who has practical experience and prior success in wrongful death claims related to pedestrian accidents.
Who is Liable for a Fatal Pedestrian Accident in New York?
In the majority of cases, a driver is expected to yield the right of way to the pedestrians, especially if the pedestrians are on the crosswalk. So, in most case, driver is clearly liable for hitting the pedestrian on a crosswalk.
But in some situations, another party could bear some responsibility for the deadly accident. For example, a bicyclist riding down a sidewalk may have forced the pedestrian to jump out of the way and into the street. Or, an illegally-parked vehicle may have prevented the pedestrian from being seen by the drivers on the road.
This is why talking to an experienced pedestrian accident injury is so important; they will thoroughly investigate your case to determine who exactly was responsible for the death of your loved one. The driver may seem like the obvious party to blame, but it is possible that someone else contributed to the pedestrian’s death.
Work With a New York Wrongful Death Attorney for a Pedestrian Fatality
Another reason to hire an attorney is, the driver may try to pin the entire blame on the victim, who is not even alive to tell their side of the story. The driver may argue that the pedestrian was at fault because they “jumped out in front of the vehicle out of nowhere” or tried to cross when there was a green light.
A skilled attorney will gather evidence, including eyewitnesses’ statements, to prove the liability of driver. They will also collect nearby surveillance videos to capture the video evidence, solidifying your side of the argument.
At Rosenberg, Minc, Falkoff & Wolff, LLP, we have been handling wrongful death claims on behalf of pedestrian’s families in New York since 1922. We have seen firsthand the psychological and financial impact of a loved one’s death, and how it can devastate an entire family.
Allow us to evaluate your case and help you to get back on your feet by filing – and winning – wrongful death claim. We have recovered over $1 billion in settlements and verdicts in our 98+ years’ of experience, and you can be our next success story.
Call us at 212-344-1000 or contact us online to schedule a free, no-obligation consultation. There are no up-front costs, and you won’t have to pay us a dime until you recover compensation.
