Bronx Pedestrian Accident Attorney
If you are walking on the streets in New York, Friday afternoons between 3pm and 6pm is the deadliest time to be a pedestrian. 2013 accident statistics show that more than 600 accidents occurred between cars and pedestrians and more than 10 victims lost their lives at that time. Overall, there were 16,432 pedestrian accidents in 2013.
Injuries, Fatalities and Hazards
More than 300 people lost their lives walking in New York and an additional 4,960 suffered severe or moderate injuries. While most of these accidents involved automobiles, motorcycles were involved in slightly more than 100 incidents. The behavior of pedestrians which may have contributed to the accident included 3,375 pedestrian crossing the street without a visible signal or crosswalk resulting in 108 fatalities, more than 5,000 incidents when crossing with a signal and nearly 1,000 that were not in the roadway. In total, there were 395 pedestrians killed in New York during 2013.
Establishing Fault in a Pedestrian Accident
In New York, there is a comparative fault law which means that if both parties are found partially to blame, any final award may be reduced by the amount the victim is at fault. For example, in the case of a pedestrian crossing in an unmarked area and struck by a drunk driver, the determination may be the pedestrian was 20 percent at fault for their injuries. Should there be an award of $200,000, the reward would be reduced by $40,000 and the victim would receive $160,000.
Keep in mind, a personal injury case in New York requires proof that if it were not for the actions or inaction of a third party, the victim would not have suffered the injury.
Types of Compensation Available in Pedestrian Accidents
Pedestrians have no protection from motor vehicles and when they are struck by a moving car, they are likely to suffer relatively serious injuries. Head trauma including traumatic brain injuries, internal bleeding, broken bones and in some cases, death. Victims and their families have a right to be made financially whole.
In a personal injury case where the victim is still living, the person responsible for their injuries can be held financially responsible for all the victim’s medical care including hospitalization, surgery, rehabilitation and medication costs. In addition, your pedestrian accident lawyer will work hard to collect compensation for lost wages and other damages as they are able to collect.
New York’s No Fault Insurance
Because New York operates as a no-fault insurance state, victims of a bike accident involving a car can file within 30 days of their accident to recover medical expenses and lost wages. Because of the short period of time that is allowed, it is strongly recommended that an attorney be contacted as soon after an accident as possible. Time is of the essence in all personal injury cases.
Crossing the Road to Safely Get to the Other Side: Bronx Pedestrian Accident FAQs
Nearly every individual acts as a pedestrian from time to time, and most do so regularly. The National Highway Traffic Safety Administration (NHTSA) collects data about pedestrian-motor vehicle accidents, aiming to reduce deaths, injuries, and economic losses resulting from pedestrian accidents. In just one recent year, the NHTSA reported around 6,000 pedestrian-motor vehicle accident fatalities, with over ninety percent involving single-vehicle collisions.
Both pedestrians and motorists often rush to their next destination as they text friends or use a navigation app on their phones. In today’s busy and wired world, you may have concerns about whether pedestrians and motorists can safely share the road. In the aftermath of a pedestrian accident, victims may have questions about what next steps they should take.
What steps should you take after a Bronx pedestrian accident?
If a motorist hits a pedestrian, the impact may leave them dazed and vulnerable to further harm. If able, to ensure their safety, injured pedestrians should move out of the roadway, while being careful not to aggravate their injuries.
Even if you are confident that you had the right-of-way, be cautious of who you talk to and what you say at the scene of the accident. Injured pedestrians should avoid saying anything that may compromise a later claim for damages against the driver. If possible, victims should preserve an accurate record of the accident scene by taking photos of the vehicles involved and the injuries sustained.
The AAA reports that hit-and-run crashes disproportionately involve pedestrians. If the vehicle that hit you has fled the scene, look around for witnesses who may have observed details about the vehicle or its driver.
How can a Bronx pedestrian lawyer assist you after an accident?
Experienced pedestrian accident attorneys regularly fight for the rights of injured victims to seek the compensation they are entitled to. An attorney can assist victims in protecting their rights and, when appropriate, pursue a claim for damages against a negligent or careless driver.
- Gather evidence. A lawyer can help investigate and document accident details.
- Calculate damages. Injured pedestrians often have medical expenses, lost wages, and other damages related to the accident. A lawyer can help quantify the appropriate amount of damages and evaluate the strength of a claim against the driver. Victims may even have a claim against a third party if their actions contributed to causing the accident. For example, inadequate maintenance may cause a vehicle’s brakes to fail, resulting in a pedestrian accident. If a mechanic negligently repaired the vehicle, he or she may be liable for damages.
- Meet deadlines. A lawyer can ensure all procedural deadlines of the claims process are met. Injured victims must submit a claim within a specified time frame or they may be barred from seeking compensation.
- Handle a hit-and-run accident. If a hit-and-run accident caused injuries and results in the driver’s arrest, a lawyer may help guide victims through the role they will play in any criminal proceedings.
Do Bronx pedestrians always have the right-of-way in crosswalks and intersections?
Pedestrians generally have the right-of-way in marked crosswalks and intersections; however, they are responsible for exercising care, moving predictably, and obeying signs and traffic signals. Pedestrians should not cross roadways in areas that do not have marked crosswalks or disobey traffic signals and dash across hoping to beat oncoming traffic. Also, pedestrians should never assume they are visible to vehicle motor drivers. To ensure they are aware of your presence, make eye contact with approaching drivers before entering an intersection.
Although individuals may often be tempted to cross the street outside of an intersection or crosswalk or to ignore a “don’t walk” signal, this behavior increases the risks of danger. Drivers are more likely to expect and notice pedestrians at intersections and crosswalks, particularly those who are obeying traffic signals. The NHTSA found that under twenty percent of pedestrian fatalities occurred at intersections in one recent year. In contrast, over seventy percent of pedestrian fatalities occurred at locations other than an intersection, including the shoulder of the roadway, parking or bike lanes, sidewalks, and medians.
Even if a motorist appears to be stopping to yield to a pedestrian, they should use caution before crossing the street. A stopped vehicle may block other drivers from seeing a pedestrian in an intersection crosswalk. Pedestrians should never assume that other cars will recognize that a stopped car is yielding for them to safely cross.
Pedestrians may run the risk of both physical harm and liability for failing to obey motor vehicle laws and traffic signals. In addition, running into an intersection to beat oncoming traffic could cause drivers to make sudden moves that harm others on the roadway.
What other Bronx pedestrian behaviors may pose danger?
Pedestrians sometimes inadvertently compromise their safety in other ways.
To decrease the risks of danger, pedestrians should:
- Avoid texting while walking. The New York Times reports that safety experts believe “twalking,” the practice of texting and walking, creates a dangerous distraction for pedestrians. As a pedestrian, you can take simple steps to minimize potential distractions. For example, you can turn off notifications, listen to music at a low volume, and stop in a safe place to check messages on your phone. Distractions divert pedestrians’ attention from approaching traffic and may impair their judgment about gap distances between vehicles.
- Recognize the risks of walking while impaired. Of course, everyone is familiar with the dangers associated with drinking and driving. However, you may not know that you may put yourself at risk by drinking and walking along the roadways. According to the NHTSA, almost one-third of pedestrian fatalities in one recent year involved a pedestrian with a blood alcohol concentration level of at least 0.08. Alcohol and drugs may impair coordination and judgment.
- Be visible to drivers. The NHTSA further indicates that in that same year, seventy-five percent of pedestrian fatalities took place in the dark. If you cannot find a crosswalk or intersection, look for a well-lit area to make yourself visible to drivers. Pedestrians may also increase their visibility by carrying a flashlight or wearing reflective materials at night. Wearing bright clothes during daytime hours may also increase visibility.
Is age a risk factor for Bronx pedestrian-auto accidents?
The Governors Highway Safety Association reports that older adults and children may be at greater risk of being involved in pedestrian crashes. Both age groups may lack appropriate risk perception. Older adults may also have reduced vision or physical limitations, and children may lack experience navigating traffic. Help vulnerable family members understand their risk and provide assistance or tips about crossing the street.
Can sensor technology in cars protect pedestrians?
The American Automobile Association (AAA) completed a study of vehicles equipped with pedestrian detection mitigation systems. Pedestrian detection systems alert drivers of imminent objects or hazards in the roadway. In some more advanced systems, if a driver fails to take evasive action, the vehicle will automatically engage emergency brakes.
The AAA-study concluded that although helpful, pedestrian detection systems are not an adequate substitute for a driver’s reactions and skills. Like all new technology, the systems have shortcomings. In bad weather or after dark, the systems may fail to recognize a pedestrian crossing the street.
Most of us do not think twice about stepping out of our home and going for a walk. However, because there are bad drivers on our roadways, there are thousands of accidents annually involving pedestrians. If you have suffered an injury in an accident in the Bronx as a pedestrian or you have lost a loved one who was merely walking and was subsequently struck by a car, contact Attorney Ivan M. Diamond right away. As an experienced Bronx pedestrian accident lawyer, I will make sure that someone is there to advocate on your behalf and help you recover financially.
Consulting an experienced Bronx pedestrian accident lawyer like Ivan M. Diamond can increase victims’ chances of receiving fair compensation for accident-related damages. Call today!
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The Law Offices of Ivan M. Diamond888 Grand Concourse #1L Bronx, NY 10451 Phone: (718) 588-2000 Ivan M. Diamond is available for home and hospital visits, as well as weekend and evening appointments.
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