One of the best ways to get around New York City is on foot. But unfortunately, the city ranks as one of the country’s most dangerous metropolitan areas for pedestrians. Thanks to the state’s Vision Zero initiative, fatal accidents involving pedestrians have been declining in recent years.
One of the best ways to get around New York City is on foot. But unfortunately, the city ranks as one of the country’s most dangerous metropolitan areas for pedestrians. Thanks to the state’s Vision Zero initiative, fatal accidents involving pedestrians have been declining in recent years.
The year 2017 saw 101 pedestrian fatalities from accidents in the city. Thousands more were injured in collisions on street corners across the five boroughs. These pedestrian accidents and injuries cost the city and the victims millions of dollars every year. Reducing speed limits, blocking traffic on certain corridors, and adjusting traffic signals haven’t been enough to eliminate pedestrian accidents entirely.
According to the New York State government, pedestrian crashes are more likely to result in serious injury or death even though they are only about eight percent of the total traffic crashes in the state. Most pedestrian crashes occur in urban areas and New York City accounts for 72% of the crashes and 59% of the deaths in pedestrian crashes.
Relationship between Car Speed and Pedestrian Injuries
There are many factors in a pedestrian accident that will affect the injury severity, the most common among them being speed. The risk of fatal injury increases significantly even with a small change in impact speed. Only 5 percent of fatalities result from being struck by a vehicle traveling at 20 miles per hour or less.
This compares with fatality rates of 40, 80, and nearly 100 percent for striking speeds of 30, 40, and 50 miles per hour or more, respectively. Risks vary appreciably by age. The risk of serious injury or fatality to a 70-year old pedestrian hit by a car traveling at 25 mph is the same as the risk to a 30-year old pedestrian hit at 35 mph.
These results show that the need of the hour is to limit traffic speeds, create a physical separation of pedestrians and vehicles on roads with higher traffic speeds, and develop systems to detect pedestrians that warn the driver or brake automatically when a collision is likely. Reductions in vehicle travel speeds can be achieved through measures including road humps, roundabouts, horizontal traffic deflections, and increased use of stop signs.
Assigning Responsibility and Impact on Insurance Settlements
As a pedestrian, you have a right to feel safe on the streets. You shouldn’t have to fear for your life as you cross intersections or walk along sidewalks. Yet, pedestrians often find that the old saying about “always having the right of way” does little to protect against negligent and careless drivers.
Pedestrian knockdown accidents are usually the fault of the drivers of motor vehicles. Among the more common causes are:
- Drivers who speed, run traffic signals or infringe on the right of way of pedestrians.
- Cell phone use and texting, and the resultant distracted driving.
- Drivers backing up or pulling away from parking spaces, alleys, and driveways without looking adequately.
- Many pedestrian accidents occur at intersections when a car is turning. When a motorist turns left, visibility is partially blocked by the vehicle’s support between the windshield and the side window. In right-hand turns, the driver tends to be looking left for oncoming traffic and may turn right as a pedestrian enters a crosswalk.
Instances when pedestrians are at fault, at least partially:
- When a pedestrian is crossing a roadway but not at an intersection or marked crosswalk, the motorists have the right of way.
- When a pedestrian is crossing a roadway where they are not legally allowed to cross, it is termed as jaywalking. A pedestrian would be found at least partially responsible for their injuries if struck by a motor vehicle while jaywalking.
- A large number of pedestrians, distracted by their phones, are simply walking into intersections and traffic, creating dangerous situations.
- Occasionally, disoriented (or inebriated) pedestrians walk on to a highway inadvertently, but most are drivers or occupants who have left their vehicles after an accident or breakdown.
Unfortunately, in most cases involving a pedestrian accident on the highway, the pedestrian (or their loved ones) has little grounds for legal compensation because they were responsible for placing themselves at risk by walking on the highway.
Just because you share some of the blame for your NYC pedestrian accident doesn’t automatically mean that you can’t recover compensation. Liability is apportioned to everyone who shares the blame. Sharing fault might not bar you from getting money, but it will affect how much you can get. Your damages will be reduced by the degree to which you’re allocated fault.
Pedestrian Accidents Not Involving Cars
All pedestrian accidents do not necessarily involve vehicles. According to a National Survey on Bicyclist and Pedestrian Attitudes and Behaviors by NHTSA, a pedestrian being hit by a car constituted only 12% of all accidents involving pedestrians.
A number of pedestrian accidents are trip and fall accidents: 24% of them due to an uneven sidewalk, others because of falling over stones and stepping in holes, and some involving pets and wildlife. Generally, these accidents tend to be less severe than those involving vehicles. The government agency in charge of maintenance of the road or sidewalk where the accident happened, is most likely to be held liable.
A lawsuit against a government agency has its own set of complexities, like statutes of limitations or sovereign immunity. Legal representation is advised, in a lawsuit against a government agency.
What to Do After a Pedestrian Accident in New York
Road accidents, which can be traumatizing and life-changing incidents, involve a cumbersome process of filing an insurance claim, trying to pin down the fault, and most importantly, moving on with life after physical and financial rehabilitation.
After a pedestrian accident, the most important thing is your own safety. Getting away from the road to a safe place away from traffic and calling 911 to seek any medical attention that’s needed, should be the first priority.
Any evidence that you can collect from the accident site (such as taking photos and talking to witnesses) may come very handy later on. Make sure to acquire a copy of the police report once the police have arrived on the scene of the accident. We urge you to assert your right to demand compensation as soon as you can. You will lose the right to obtain valuable compensation if you wait too long to file a claim.
How Insurance Works for New York Pedestrians
Some of the states, including New York, are no-fault insurance states. In these states, it is a mandatory requirement for insurance companies to recompensate medical bills if anyone is injured in a crash, irrespective of who has caused the accident. Anyone who contributes to your pedestrian accident could be financially responsible for your injuries and damages.
You might be able to seek compensation from a negligent:
- Driver of a passenger vehicle
- Bus driver
- Transit company
- Employer of a negligent third party
- Bicyclist
- Motorcyclist
- Electric scooter or moped operator
- Pedestrian
- Manufacturer of a defective vehicle or product, or a
- Government agency.
Damages to which you’re entitled might include money for:
- Medical expenses
- Lost wages and income
- Disability
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement, and more
You may also seek compensation from your own auto insurance for damages above and beyond what your medical insurance covers. Your auto insurance bodily injury coverage can help pay your damages even if you were on foot instead of driving your motor vehicle at the time of the accident.
How to Win a New York Pedestrian Accident Lawsuit
To win damages in a pedestrian accident lawsuit, one needs to determine four things: duty, breach, harm, and causation. Strictly speaking, one must be able to establish that:
- The defendant had the duty, towards the plaintiff, to drive safely
- The defendant was found to be in breach of the aforesaid duty
- Actual harm was caused to the plaintiff
- This harm was a direct or indirect result of the defendant’s actions
Contact Seasoned Pedestrian Accident Lawyers in NYC
Hiring an attorney after a pedestrian accident helps you in having someone with you who knows your state’s laws and the way insurance companies try to minimize compensation payouts. Insurance companies tend to try to minimize compensation, but we won’t accept anything less than what you deserve.
We will identify and pursue all possible sources of compensation. Not all pedestrian accidents are the fault of an individual driver. Was it a taxi, bus, or another on-the-job vehicle that struck you? Was the motor vehicle that hit you unsafe because of a faulty or defective part? Is coverage available under your own insurance policy?
We’ll comb through the documents and reports to determine the facts. Our attorneys collect evidence, consult with experts, and negotiate on your behalf with the insurance company so your focus remains primarily on getting your life back on track.
In New York, crucial time limits apply to file personal injury claims. If you or a loved one has been injured in a pedestrian accident, do not wait to take action to collect the compensation you deserve. Our law firm has been serving the injured for generations. Call 212-344-1000 to consult a knowledgeable NY pedestrian accident attorney at Rosenberg, Minc, Falkoff & Wolff, LLP. Schedule a free, no-obligation consultation with us today!
