New York Pedestrian Accident Lawyer
Pedestrian accident survivors in New York have the right to bring their concerns to a pedestrian accident attorney in the wake of their losses. Together, applicable parties can assess the nature of a pedestrian accident and determine what role negligence may have played. An attorney can then calculate the value of the claim and help the accident survivors bring their demands forward in civil court.
Legally Reviewed By: Evan Janush
New York is home to some of the most walkable cities in the United States. Pedestrians, however, aren’t always as safe from accidents as they can be. Negligent drivers, construction crews, and corporate parties can all endanger New York pedestrians if said parties breach the duty of care owed to parties on the road.
If you find yourself contending with the aftermath of a pedestrian accident in New York, know that you don’t have to work through your recovery alone. You can reach out to a New York pedestrian accident lawyer to discuss your rights to legal action. Together with The Lanier Law Firm New York legal team, you can compose a claim demanding damages that address the losses you incurred due to someone else’s misconduct. Our team can present your complaint to a county clerk and advocate for your right to a stress-free accident recovery.
How Our Personal Injury Attorneys Can Help You
Experienced personal injury attorneys want to make it as easy as possible for you to recover from a pedestrian accident. When you work with an experienced team, you do more than allow yourself to pursue compensation for your losses. You delegate your post-accident responsibilities to a professional who’s going to look out for your best interests.
You can specifically count on our personal injury attorneys to help you:
- Identify the cause of your accident
- Calculate the value of your pedestrian accident losses
- Prepare for settlement negotiations and/or a trial
- Stay on top of your legal deadlines
- Protect you from insufficient settlement offers from both your insurance provider and the defendant
You can learn more about the services that The Lanier Law Firm offers its clients by scheduling a free case consultation with a pedestrian accident lawyer in New York today.
Common Pedestrian Accident Injuries
You can also work with professionals to determine the specific kind of pedestrian accident you were involved in. Some of the most common pedestrian accidents to befell New York residents include:
- Food trucks
- Work zones
There are laws in New York that dictate how drivers and other related parties are supposed to act concerning pedestrians. NYS Vehicle & Traffic Laws §1151, for example, outlines the nature of pedestrian right-of-way and how the state expects drivers to interact with pedestrians while they’re crossing the street.
NYS Vehicle & Traffic Laws §1146 further elaborates on the state’s expectations of its drivers, in general. This statute states that all drivers, from commercial truck drivers to daily commuters to Uber drivers, must behave reasonably on the road or else be held liable for the injuries done unto nearby pedestrians.
How To Take Legal Action After a Pedestrian Accident
If you want to take legal action against another party after a pedestrian accident, you need to bring a civil claim to the attention of a county clerk in New York.
In this claim, which can also be referred to as a complaint, you must detail the identity of the party you want to hold liable for your losses and what evidence of their negligence you have.
You can also present an estimate of your case’s losses and what damages you intend to request from the offending party.
Whom To Hold Liable After a Pedestrian Accident
When it comes time to hold a party accountable for your pedestrian accident, you have to consider the evidence available at the scene of your accident.
You can work with a pedestrian accident attorney in New York to revisit the scene of your accident, assess the nature of your incident, and bring forward data indicating that negligence served as the primary cause of your losses.
The evidence you bring forward to establish negligence can include but is not limited to:
- Video footage of your pedestrian accident
- Photo footage of your accident
- Bystander accounts of another party’s negligence
- Expert witness statements assessing your accident
- Police reports and/or insurance documents describing your losses
- Medical reports detailing the extent of your injuries, if applicable
You can use this evidence to identify who was on the scene at the time your accident occurred and what negligence they may have engaged in. Before you name a specific party liable for your losses, your attorney will ensure that you have the evidence to back up your claim.
It’s not always an individual whom you can hold liable for your pedestrian accident losses. If, for example, you find yourself in an accident with an on-duty Uber driver, the ride-hailing company may be liable for your damages.
Similarly, if a construction crew doesn’t put up warning signs around their work yard or if team members behave negligently on duty, that crew’s employer may be responsible for helping you recover.
You can work with an attorney to assess any existing contracts between parties on the scene and their employers — or related parties — to make sure your complaint addresses the right body.
How To Calculate Your Possible Pedestrian Accident Compensation
Filing a pedestrian accident claim allows you to do more than seek out justice for the losses you and your loved ones endured. This process also gives you the chance to demand damages equivalent to the losses you endured in your accident. In some cases, the damages you request may even exceed your losses in their economic value.
Before you can issue these demands, however, you need to estimate the value of your pedestrian accident case. Your personal injury lawyer will do this by calculating the value of your case’s economic losses.
The economic losses you may incur during a pedestrian accident include:
- Medical bills
- Assistance at home
- Child care
- Property damage
- Lost opportunities to work
- Lost wages
If a loved one passed as a result of a pedestrian accident, you may also have the right to include funeral expenses, loss of income, and related expenses in your request for post-accident financial support.
The non-economic losses you incur do not generate bills or a quantifiable dollar amount. Instead, your pedestrian accident lawyer will calculate these losses using multipliers for damages such as emotional distress and pain and suffering.
Work with your attorney to determine which non-economic losses are applicable in your case and how they may entitle you to more compensation than your economic damages alone.
Filing Your Pedestrian Accident Claim
It’s always in your best interest to contact an attorney as soon as you can after a pedestrian accident. If you have a pedestrian accident lawyer with you as you’re discussing your case with police officers, insurance adjusters, and other parties involved in your accident, your attorney can protect you from false accusations of fault or misinterpretations of your case.
What’s more, having an attorney quickly arrive at the scene of your accident allows you to more effectively gather witness statements and contact information. You may even have the chance to take physical evidence away from the scene of your accident.
Calling a New York pedestrian accident attorney within days of your accident has another benefit, as well. You have only three years from the day your pedestrian accident takes place to bring a comprehensive complaint against the negligent party.
New York establishes this statute of limitations in New York Civil Practice Law & Rules §214. If you do not bring your complaint within this designated window of time, New York’s civil courts can bar you from the compensation you deserve.
What To Do After a Pedestrian Accident
In the hours, days, and weeks immediately following a pedestrian accident, it’s your foremost responsibility to take care of yourself or your loved one.
Listen to first responders and schedule any follow-up appointments you may need with long-term medical professionals. In addition to receiving treatment from a health care professional, you will need the medical records and medical bills as evidence of your losses.
Get in touch with a pedestrian accident attorney right away to schedule a consultation and discuss your legal options. If your attorney determines that your accident was caused by the wrongful behavior of someone else, they will begin compiling a claim against the party responsible for your post-accident expenses.
Contact The Lanier Law Firm for Legal
As a pedestrian, you have the right to feel safe while traveling in New York. Motorists, truck drivers, and all other parties on the road owe you a duty of care.
You can hold accountable any party who refuses to act reasonably on the road and whose behavior results in your losses and secure fair compensation.
Contact the experienced team of personal injury attorneys at The Lanier Law Firm to guide you through the process of filing a lawsuit for your pedestrian accident.
You can schedule a free case evaluation with our team today by contacting our office online or reaching out by phone during operating hours.