New York has one of the highest pedestrian traffic volumes in the country with millions of people thronging the streets each day. There is little surprise why pedestrian safety is a priority in the state. As many as 28 cyclist deaths and 121 pedestrian fatalities occurred in 2019 in New York City alone.
These accidents occurred even when there is plenty of space for walking, awareness campaigns, and strict legislation in the state to prevent pedestrian injuries and deaths. You should consult with the leading personal injury attorneys in New York if you or a loved one was injured in a pedestrian accident. It can be difficult to receive fair compensation after proving fault without competent legal representation.
Pedestrian Accident Statistics
In 2018, the Governor’s Highway Safety Association (GHSA) released data on pedestrian traffic fatalities. The rate of pedestrian deaths decreased between the years 1990 to 2009. However, they have been on a steady rise since then. According to the report, New York state had the 6th highest pedestrian fatalities across the US in 2018.
Pedestrians are the most vulnerable among all people that share public spaces and roadways. This is because pedestrians don’t have any safety gear (like cyclists) or a metal cage (motorists) to protect them. These are a few pertinent statistics related to pedestrian accidents:
Top 10 Walkable Neighborhoods in New York
Statistics don’t give the complete picture though. NYC is a small part of New York State. NYC was part of 14 other global cities that was called by Insider to be better for pedestrians than motorists. Walk Score ranks other cities as follows on walkability parameters:
Pedestrian Rights and Laws in New York
You should not let the statistics scare you away from walking. There are several laws designed for protecting the rights of pedestrians. You can protect your legal rights by following safe practices and knowing these laws. These are a few New York laws protecting pedestrian rights:
New York law also provides that drivers are required to exercise due care. Vehicle & Traffic Code, Section 1146 states that drivers have a responsibility to exercise due care to prevent hitting a pedestrian, bicyclist, or domestic animal on any roadway. They need to sound the horn wherever necessary to give warning.
Rise in Pedestrian Injuries and Fatalities in New York
The roads are deemed to be safer with fewer car accidents than before. However, pedestrian injuries and fatalities are on the rise. These are a few possible reasons:
1. Distracted walking
Distracted walking was the reason for a minimum of 1,100 pedestrian accidents in the United States in 2012. Texting, talking on the cellphone, reading emails, listening to music, and playing video games among other things are common pedestrian activities.
However, scientific studies indicate that human beings are not capable of focusing on multiple things at a time. Many distracted walkers cannot help but walk straight into traffic. They are unable to respond to hazardous situations, like an oncoming car running a red light, in a timely manner.
2. Distracted driving
Pedestrians are not the only ones to be blamed. Distracted driver, for pedestrians, is equivalent to a runaway vehicle. Drivers looking at their cellphone or elsewhere will not be able to abruptly stop for a pedestrian that steps on the street suddenly. Motorists may fail to check blind spots and accidentally turn into the pedestrian or run a red light.
3. Drunk walking
It is said that it is safer for drunk people to walk home than drive. However, this doesn’t mean that drunk walking is completely safe. Impaired walkers are among the most common victims of pedestrian accidents. According to a study by New York University’s Langone Medical Center it was observed that 15% injured pedestrians had alcohol in their bloodwork. Drunk walking with distracted driving is a recipe for disaster.
4. Fewer repercussions
It is difficult deriving a connection between the increase in pedestrian accidents and the failure on NYPD’s part to initiate criminal investigations against motorists that hit pedestrians. However, it is a well-known fact that only a handful of drivers ever get charged after hitting a pedestrian. The Accident Investigation Squad usually investigates only those accidents that involve death or serious injuries.
These causes may shed light on why there has been an increase in pedestrian accident. However, they are not the only reasons. Drunk driving, reckless driving, poor road design, speeding, and jaywalking are a few other factors.
Steps to Take if You Were Injured in a Pedestrian Accident
It can be confusing if you or a loved one was injured in a pedestrian accident. However, the immediate steps you take following an accident could shape your claim in the coming weeks. These are a few things you should do:
You should not speak with the insurance company or adjuster without consulting with an attorney first. Insurance carriers strive to minimize their payout. In addition, you may say something that gets misconstrued and used against you.
Having an attorney handle the insurance negotiations and paperwork on your behalf maximizes the likelihood of attaining fair and adequate compensation for the injuries.
Liability in a New York Pedestrian Accident
The purpose of the tort law system is to help plaintiffs become whole again. This law applies to most pedestrian and personal injury matters. In simple terms, if you were injured, you have to prove that the entity or person was negligent, this negligence resulted in you getting harmed, and the harm caused cost money.
Everyone owes a reasonable duty of care to the people around them. This is even for those people that have never met before. A motorist assumes this duty of care towards other people on the roadway when they get behind the wheel. As a pedestrian, even you have a duty of care towards anyone sharing the road to not cause an accident.
There are several ways a driver can be negligent. These are a few of the more common ones that result in pedestrian injury:
Pedestrians have a responsibility to follow the rules, but a driver has to yield the right of way wherever required. You should be aware that New York is a comparative negligence state. This means that injured plaintiffs can be held responsible for a portion of the accident liability.
Compensation in Pedestrian Accident Claims
It is right to seek reasonable and fair compensation if you are a pedestrian that was injured in an accident due to full or partial fault of the motorist. You should consider getting in touch with a competent pedestrian accident attorney to learn your legal rights and prepare a strong lawsuit. This is especially necessary if you were hit by an MTA operated vehicle. These lawsuits can prove to be highly complex.
Pedestrians can typically claim compensation for lost income, medical costs (past and future), and decreased quality of life along with other potential damages. You can increase your chances of recovering maximum compensation by working with a competent accident attorney in New York.
Consult With a Skilled Pedestrian Accident Attorney in New York
Pedestrian accidents can result in life threatening injuries. If you or a loved one was injured in an accident, you should consider getting in touch with the knowledgeable pedestrian accident attorneys at the Rosenberg, Minc, Falkoff & Wolff, LLP for a free initial consultation.
We have helped numerous victims and their families seek justice as well as obtained rightful compensation for their injuries and losses. Schedule a free and confidential consultation with us today by calling at 1-800-660-2264 or use our online form.
NEW YORK CITY LAW OFFICE
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New York, NY 10168
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Queens, NY 11435
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