Bronx Pedestrian Accident Attorney

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.

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.

Attorneys may:

• 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.

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.

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.

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.

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.