Brooklyn Pedestrian Accident Lawyers
Compassionate Pedestrian Accident Lawyers In Brooklyn, NY
For Brooklyn residents, running errands or getting in a workout is as easy as taking a stroll down the block. That’s because many of the borough’s neighborhoods, like Cobble Hill, Brooklyn Heights, and Boreum Hill are extremely walkable. In fact, almost everything residents need on a day-to-day basis can be reached within a five-minute walk from their front door – including access to public transportation.
Despite cities like Brooklyn having pedestrians in mind, there is still a great chance of being hit by a car and enduring catastrophic injuries. In fact, New York is ranked within the top five states for pedestrian deaths annually; and unsurprisingly, most of those fatalities take place in New York City. If you were injured by a careless driver or bicyclist while walking in Brooklyn, you may be able to file a lawsuit against the person who caused your harm. The experienced Brooklyn pedestrian accident lawyers at Rosenberg & Rodriguez can help you recover losses resulting from your injuries. Contact us today for a free consultation at (718) 509-4960 to learn more about how we can help.
Pedestrian Traffic Laws in New York
New York has very strict laws when it comes to pedestrians. According to the law, motorists must yield to pedestrians in nearly every situation and do whatever possible to avoid hitting them. In most cases, pedestrians have the right-of-waywhen they are crossing at a crosswalk. Although this is true, pedestrians are still required to follow all traffic control signals, signs, and markings on the pavement. If you break any of these laws, it will decrease the chance of winning your case and how much money you could potentially receive.
Drivers must yield to pedestrians when there is no traffic control device, especially if the pedestrian is in a crosswalk. If the driver hits the pedestrian and causes any injuries or damages, they can be held liable and may need to pay for medical bills, lost wages, etc. If you were hit by a car while walking in Brooklyn, an experienced pedestrian accident lawyer in Brooklyn can help you understand your rights and build a case against the at-fault driver.
Common Causes Of Pedestrian Accidents In Brooklyn
Pedestrian accidents in Brooklyn are frequently caused by cars that have drivers who aren’t paying attention, and they’re speeding, distracted, or under the influence. Pedestrians get hit while crossing streets legally or illegally all the time. Sometimes it’s a hit-and-run situation where the driver hits someone and then leaves immediately. Also, when drivers are texting instead of focusing on people walking on the road around them, pedestrian accidents frequently occur. From our experience with these types of cases in New York City specifically, below is an extensive list detailing the more common causes of pedestrian accidents:
Inattentive driving, or distracted driving, is the number one cause of pedestrian accidents in Brooklyn. Cell phone use while behind the wheel is a major distraction that can often lead to an accident, but as more states are cracking down on texting and driving, this behavior has decreased – especially among older drivers. Some other common distractions that take a driver’s focus off the road include adjusting vehicle features like the radio or climate controls, drinking, eating, putting on makeup, attending to backseat passengers, and looking at something happening outside of the car.
Failure To Yield To Pedestrians
Reckless driving is the number two leading cause of pedestrian accidents in Brooklyn, and it’s a city-wide issue. One of the first lessons student drivers learn is that pedestrians always have the right of way; however, some forget this fact. Everyone on the road – not just drivers – has a duty to be careful and stay alert. Many pedestrian accidents happen when innocent people are crossing crosswalks and following all traffic laws, yet a reckless driver still causes an accident.
Impaired driving, whether due to drugs, alcohol, prescription medication, or fatigue, can lead to a pedestrian accident because it causes processing problems for the driver. Normally, a driver has to process large amounts of visual and auditory information correctly in order to decide what to do next, like knowing when to stop for someone crossing the street. When that ability is impaired though, drivers might hit pedestrians even if they are trying not to.
Many drivers are dangerous because they’re careless and aggressive. They speed in bad weather, weave in and out of traffic, follow other vehicles too closely, and break road rules. Reckless driving habits like these make it especially hard for pedestrians to stay safe.
Although faulty traffic signals, indicators, and signs are less common causes of pedestrian accidents, they can still lead to injuries. For example, when pedestrians in Brooklyn cannot rely on these devices during heavy traffic times, they are at risk of being hit by cars. In such cases, the government entity responsible for maintaining the Traffic devices might be held liable for failing to keep pedestrians safe.
Defective Vehicles & Vehicle Parts
Automobile manufacturers have a responsibility to ensure that their products are safe for consumers and meet all safety standards. When there is a design or manufacturing defect, it can cause the vehicle to malfunction and ultimately put drivers, passengers, and pedestrians at risk for injury or death.
Common Injuries In Pedestrian Accidents
Since pedestrians have zero protection, crashes that involve a pedestrian and vehicle are always extremely dangerous for those on foot. Some of the most common injuries pedestrians sustain in these types of collisions include:
- Multiple broken bones that often require surgery
- Abrasions and lacerations that have the potential to cause disfigurement
- Dislocated and hyperextended joints
- Sprained ligaments
- Strained muscles or tendons
- Traumatic brain injuries, such as concussions
- Herniated and ruptured discs
- Knee injuries
- Shoulder injuries
- Back and neck injuries
- Spinal cord injuries, including paralysis
- Crush injuries
- Nerve damage
- Severe burns
- Sensory loss
- Psychological trauma
After a pedestrian accident, you may suffer from physical injuries, psychological trauma, or nerve damage. These are all valid injuries and you deserve compensation for them. A Brooklyn pedestrian accident lawyer can help ensure that you get the full amount of damages that you are owed.
Brooklyn Pedestrian Accident Statistics [Updated 2021]
Because pedestrians have no form of defense against oncoming vehicles, they are more likely to sustain injuries in a crash than any other car accident victim type. In fact, data from NYC crash reports between 2004 and 2018 shows that over 2,200 pedestrians died as a direct result of being hit by a motor vehicle. Although it’s not always the case, in 2019 95% of deadly pedestrian accidents were caused by drivers’ mistakes as opposed to 5% which were caused by pedestrians or cyclists.
NYPD reported 183 pedestrian accidents in Brooklyn last September. According to data, 22% more pedestrians died last year as a result of accidents, and this number is only increasing because people are walking more to avoid germs on public transportation during the COVID-19 pandemic.
The NYC DOT released some pedestrian accident statistics and key findings from their research, which are included below. This can help you understand how prevalent these accidents are in New York City and where your accident fits in:
- If you are hit by a car as a pedestrian in New York City, you are 10 times more likely to die than the driver who struck you.
- In New York City, around half of all traffic fatalities are pedestrians.
- New York City’s inattentive drivers cause more than one-third of pedestrian accidents resulting in injury or death.
- Drivers who do not give their full attention to pedestrians or yield the right of way are responsible for about 25% of all pedestrian accidents in New York City.
- A majority of New York drivers are unaware that the speed limit throughout the city is 30 miles per hour.
Hotspots For Brooklyn Pedestrian Accidents
Every year, hundreds of car accidents and several dozen fatalities occur because of busy roads and inattentive or careless drivers. These accidents don’t just happen in Brooklyn–they’re happening all over the borough. Some areas are more dangerous than others, though. Here are some hotspots for pedestrian accidents in Brooklyn:
- 18 Avenue & Ocean Parkway
- Flatbush Avenue & Glenwood Road
- Franklin Avenue & Eastern Parkway
- Liberty Avenue & Wells Street & Euclid Avenue
- Myrtle Avenue & Broadway & Jefferson Street
- Nostrand Avenue & Avenue Z
- Nostrand Avenue & Eastern Pkwy
- Ocean Parkway & Church Avenue
- Ocean Parkway & Kings Highway
- Parkside Avenue & Flatbush Avenue
Recent Pedestrian Accident Settlement Amounts
For a middle-aged woman who was struck by a car as she crossed the street and sustained a fractured arm and back injuries.
For a pedestrian that was knocked down by a mini-school bus.
For an elderly woman who was struck by a turning vehicle as she crossed attempted to cross the street.
OVER $50 MILLION
OTHER SETTLEMENTS AND VERDICTS SINCE 2010
Frequently Asked Questions
Who Can Be Held Responsible For A Pedestrian Accident?
According to New York law, anyone who contributed to the accident can be held financially responsible for their share of the damages. This may include:
- Negligent drivers in a passenger vehicle
- Bus drivers
- Employers of negligent drivers
- NYC transit authorities
- Electric scooter or moped operators
- A government agency
- The manufacturer of a defective vehicle component
Our Brooklyn pedestrian accident lawyers at Rosenberg & Rodriguez will investigate the cause of your accident and identify every responsible party. We’ll make sure they are held accountable for their share of the damages. To learn more about how we can help, contact our law offices today.
What Are Arterial Streets? And Why Do 60% Of Brooklyn’s Pedestrian Fatalities Occur On Them?
According to NYC’s Vision Zero Action Plan for Brooklyn, many pedestrian fatalities occur on arterial roads. Arterial roads are high-capacity urban streets that move traffic between collector roads and freeways or expressways. Some of the main arterial roads in Brooklyn are:
- Atlantic Avenue
- Flatbush Avenue
- Ocean Avenue
- Myrtle Avenue
- Rockaway Parkway
- 4th Avenue
- 86th Street
Although arterial roads only make up 14% of Brooklyn’s street network, they are the site of 60% of pedestrian fatalities. These roads are often wider with higher speed limits and more complicated traffic patterns.
Do Pedestrians Always Have The Right-Of-Way?
Although pedestrians have the right-of-way in various scenarios, there are also moments when they may be at fault for an accident. For example, if a pedestrian is waiting on the side of the road to cross and they’re not in a crosswalk, they might become impatient and jump out into traffic without checking first. If this happens and they get hit by a car, the pedestrian may be held partly liable because crossing at that moment was unsafe.
Although it is less common, if a pedestrian gets hit by a car while they are in a crosswalk, the pedestrian may be found partially liable. If the pedestrian darted out into traffic without having the right of way and there was no walk signal, then the courts may find that the crash was partially the fault of the pedestrian.
What Types of Damages are Available to Brooklyn Pedestrian Accident Victims?
In a New York personal injury claim, you can receive two types of compensatory damages, economic and non-economic. These include but are not limited to the following:
- Medical Care Costs
- Future Lost Earning Capacity
- Lost Earnings/Loss Of Employment
- Pain and Suffering
An insurance adjuster’s estimation of your injury may not be accurate. You could be entitled to more money than they are offering. To find out how much your case is worth, speak to a Brooklyn pedestrian accident attorney who can review the details and give you an idea of its potential value.
Can I Still Be Compensated If I’m Being Blamed For A Pedestrian Accident In New York?
In New York, you can still be compensated for your injuries even if you were 99% at fault. However, if you share responsibility for an accident, the amount of compensation you receive will be reduced by your percentage of fault. For example, if you were 30% responsible for a pedestrian accident and the driver of a vehicle was 70% responsible, your eventual compensation would be decreased by 30%.
Contact Our Brooklyn Bicycle Accident Lawyers Today
At Rosenberg & Rodriguez, our mission is simple, to help the injured people of New York. We work hard to get our clients the maximum possible settlement, and we’re conveniently located in Brooklyn so that we can help you with the insurance and court process. We offer free consultations and will never charge a fee unless we successfully win your case. Contact our Brooklyn pedestrian accident lawyers today at (718) 509-4960 to get started.