Manhattan Pedestrian Accident Lawyers
Experienced Attorneys For Pedestrian Accidents in Manhattan, NY
If you or a loved one was injured in a pedestrian accident in New York, do not hesitate to contact the lawyers at Rosenberg & Rodriguez. We have years of experience in handling injury lawsuits and will work tirelessly for you from the start to secure fair compensation for you and your family. Schedule a free legal consultation to speak with one of our Manhattan pedestrian accident lawyers today.
Compensation Methods for Pedestrian Injuries in New York City
Rosenberg & Rodriguez acknowledges that pedestrians can sustain severe injuries and impairments as a result of car accidents in New York City. Our Manhattan pedestrian accident attorneys firmly believe that pedestrian victims have a right to obtain damages for their injuries. While monetary compensation cannot erase the harm caused by the accident, it can provide financial stability for the victim and their loved ones. If you have been involved in a pedestrian accident, the first step you should take is to seek representation from a personal injury lawyer. To contact our experienced Manhattan Pedestrian Accident Lawyers, call us now for a free consultation.
In New York, victims of accidents are allowed to seek legal representation when pursuing injury claims. It is advisable to hire a pedestrian accident lawyer in New York City to avoid being taken advantage of or settling for a lesser amount than your case is worth by the driver’s insurance company. Additionally, a lawyer can assist in navigating the state’s laws regarding no-fault, which may restrict your recovery to your own insurance company, even if you are not at fault for the accident. Having legal representation can increase your chances of obtaining financial compensation during settlement negotiations.
If you’re involved in a pedestrian accident, your auto insurance company may provide compensation, regardless of whether you were driving or not. If you don’t have insurance, the other driver’s insurance may be responsible for damages. But if you and the driver both lack insurance, it could be difficult to recover damages. Getting legal advice from a pedestrian accident attorney in New York City can potentially help you find additional ways to seek compensation, such as pursuing a claim against the city for an unsafe crosswalk design.
Compensable Losses in Pedestrian Accident Claims
Victims of catastrophic injuries resulting from an accident could receive considerable compensation for non-economic pain and suffering. However, uninsured motorist insurance may not incorporate this type of coverage, which means that you may not be eligible to receive such compensation.
Pedestrian accident claims generally involve compensatory payments for both current and future medical bills. These can encompass various expenses such as hospital stays, medical devices cost, ambulance fees, doctor appointments, necessary treatments, and extended medical care required for a victim of the accident.
Pedestrian collisions usually result in the injury of the victim and force them to take time off work for days or even weeks, mainly to recover from broken bones, which necessitate multiple doctor visits and weeks spent in a cast or splint. As a result of their injuries, employees who lose income can claim compensation for lost wages.
In New York City, drivers are frequently found to be engaging in acts of extreme negligence, such as road rage, drunk driving, and distracted driving. As a consequence of their recklessness, a New York judge may choose to impose punitive damages as a form of punishment.
The sum you receive for your pedestrian accident claim may be affected by your attorney’s negotiation skills. At Rosenberg & Rodriguez, our Manhattan pedestrian accident lawyers have a proven track record of achieving exceptional results for clients. We will investigate the cause of the collision, assess your insurance coverage, determine the at-fault driver’s insurance status, file your personal injury claim, negotiate with insurance companies, and take your claim to trial if required to secure the maximum compensation possible. Our goal is to assist you in receiving just compensation for your injuries and damages.
The Influence of Traffic Signals on Pedestrian Crossings
The purpose of traffic signals is to assist people, both drivers and pedestrians, in crossing the road. The Department of Transportation’s Traffic Rules Section 4-03 in New York City outlines the regulations for traffic signals that must be followed by pedestrians and drivers.
Traffic Control Signals
When a traffic signal displays green light, drivers are authorized to move straight across an intersection or highway. Nevertheless, drivers must give way to any individuals who are walking across the street if drivers are turning right or left.
When approaching a yellow traffic signal, drivers are advised to reduce their speed and stop at the intersection unless they are already crossing the road. As for pedestrians, it is recommended to wait and not attempt to cross the street due to the possibility of insufficient time for changing the signal. This is to ensure their safety.
Red traffic lights signify that both drivers and pedestrians must stop and wait for the signal to change before proceeding on their route. Pedestrian control signals are present on some roadways to show when pedestrians can cross the road safely.
New York City makes use of a recognizable green symbol of a person walking at a steady pace to indicate to pedestrians when it is safe to cross the road. Upon seeing this signal, pedestrians are free to move towards it, while all vehicles are obligated to yield.
When a hand with a countdown starts flashing, pedestrians need to be aware that the traffic light is about to change, and they may not have sufficient time to cross the road if they have not started crossing already. In such situations, pedestrians who have already started crossing must proceed to the safe nearest zone quickly, such as a sidewalk or street island. It’s important to note that when the light is flashing, vehicles must continue to give the right of way to pedestrians as per the traffic regulations.
When the pedestrian crossing signal shows a raised hand, pedestrians should refrain from crossing the road and wait until the signal changes. For those already in the crosswalk, it is advised to move to a safe location as soon as possible.
Determining Liability for Pedestrian Accidents
The liability for pedestrian accidents typically varies based on the specific situation. Generally, drivers who comply with traffic regulations and adhere to road guidelines are not held accountable for pedestrian accidents, particularly when the pedestrian is not also following traffic guidelines.
Nevertheless, pedestrians who are involved in accidents with vehicles may still be able to hold the drivers accountable, even if the accident was caused by the driver’s carelessness. Many pedestrian accidents occur when a driver acts recklessly, is distracted by other causes, drives aggressively, or is under the influence of drugs or alcohol. In these circumstances, the driver will usually be held responsible for the accident.
It is essential for pedestrians to adhere to traffic regulations even when walking on roadways. Crossing a roadway without using a designated crosswalk is strictly against the law, and intentionally crossing in the path of an oncoming vehicle that may not be able to brake on time is also a violation of New York City traffic laws. A pedestrian accident can be unique in its situation and context, and in such cases, a skilled New York City lawyer specializing in pedestrian accidents can evaluate the circumstances and identify the responsible party.
Factors Contributing to Pedestrian Accidents in New York City
In 2010, the Pedestrian Safety Study that was released by New York City identified numerous factors that have a positive correlation with the probability of pedestrian accidents occurring. Pedestrian accidents are predominantly caused by driver inattention, contributing to around 36% of all incidents. The use of smartphones while driving significantly increases the likelihood of an accident, highlighting the impact of technology on road safety.
Failure to Yield
Despite the abundance of crosswalks and pedestrian areas in New York City, the problem of failure to yield persists, with reasons for its persistence remaining unclear. It is possible that lack of awareness regarding the laws on yielding may be one of the contributing factors.
According to the study, New York City has a higher occurrence of failure to yield compared to the national average. Among all the instances of pedestrian accidents analyzed by the study, 27 percent involved the driver failing to yield.
Not Following Traffic Signals Appropriately
Numerous pedestrians take the gamble of crossing streets against traffic lights, mainly when they assume they have ample time to do so. Nevertheless, accidents involving pedestrians who ignore the signals are 56% more fatal. Collisions between individuals on foot and drivers traveling at standard speeds often generate substantial force, leading to fatalities.
Pedestrians in crosswalks are often not noticed by drivers taking a left turn until the last minute. This issue is primarily caused by the structural design of a vehicle, which contains a support beam between the windshield and the side window that can obstruct the driver’s view. Due to this obstruction of vision, accidents involving pedestrians and left turns happen three times as often as those involving right turns.
Frequently Asked Questions
What Legal Measures Are In Effect To Safeguard Pedestrians From Accidents?
The NYC DOT Traffic Rules Section 4-04 provides a set of recommendations to safeguard drivers and pedestrians from serious or deadly crashes. If you have sustained injuries while crossing a street due to a motorist’s negligence, seek legal assistance from Rosenberg & Rodriguez, a personal injury law firm in NYC.
Some of the established regulations regarding drivers and pedestrians are listed below:
When a pedestrian crosses a street using a crosswalk, it is the driver’s responsibility to let them pass. Even when there is no signal to indicate a crosswalk, the pedestrian has the right to go first. If there is a pedestrian in the path of a vehicle, the driver must stop the car to allow the pedestrian to pass without any obstructions.
It is advisable for pedestrians to remain within the sidewalk, curb, or any other safe location if they notice a vehicle approaching that may have difficulty coming to a stop. Even when utilizing a crosswalk, it is crucial to adhere to this rule. If a car is in close proximity and moving at a high rate of speed, it is imperative for the pedestrian to refrain from crossing and wait for a safer opportunity.
When a vehicle comes to a stop to let a pedestrian cross a street, it is imperative for other vehicles on the road to also permit the pedestrian to pass without obstruction. It is not permissible under any circumstances to attempt to bypass the halted vehicle, and instead, other drivers must stop and wait until the pedestrian has safely reached the other side of the road.
New York City has provided explicit instructions for pedestrians on where it is allowed or prohibited to cross a street. Crossing is not permitted under certain conditions, including:
- Road crossings are restricted through the placement of objects such as signs, fences, and barriers.
- Without the presence of a crosswalk, pedestrians are prohibited from attempting to cross an interstate.
- In areas with crosswalks and traffic control signals at both ends of the block, pedestrians are allowed to cross the street.
Pedestrians are obliged to follow the same set of traffic rules as that of drivers, which includes adhering to traffic signals and pedestrian control signs. However, it is the drivers’ responsibility to exercise caution and take necessary actions to prevent their vehicles from hitting pedestrians.
It is important to exercise due care while driving, which involves maintaining focus on the road and avoiding any actions that may take attention away from spotting pedestrians attempting to cross a street, intersection, or road.
What Is The Time Limit Set By Law In New York City For Pursuing Legal Action In Pedestrian Accident Cases?
Victims of pedestrian accidents in New York City have a time frame of three years from the day the accident occurred to file for personal injury claims. However, it is advisable to seek the assistance of a Manhattan pedestrian accident lawyer with a specialization in these types of cases immediately after the incident.
It can be challenging for individuals to remember all the details related to their accidents. Sometimes, witnesses may be difficult to locate or may not have a clear recollection of the circumstances surrounding the collision. In order to build a strong case and negotiate a fair settlement with insurance companies, your attorney will need sufficient time to gather all the necessary evidence. Therefore, it’s important not to delay in filing a lawsuit as it can lead to the risk of losing your case.
Will I Be Able To Claim Compensation If I Was Hit By A Driver Who Left The Scene?
Regrettably, there are cases where drivers refuse to take responsibility for causing harm to a pedestrian and instead flee the scene. Even though it could be more challenging to receive compensation if the driver absconds, the truth is that drivers are frequently captured by traffic cameras or recorded by individuals using smartphones.
In the event of a hit-and-run accident in New York City, it is crucial to seek the services of a lawyer who specializes in pedestrian accidents. These attorneys can collaborate with law enforcement to scrutinize the available evidence and track down the responsible driver. Hit-and-run drivers may incur hefty fines and jail sentences, particularly if their actions cause severe harm to the victim.
Contact Our Qualified Manhattan Pedestrian Accident Lawyers Now
If you or a loved one was injured in a pedestrian accident in New York, do not hesitate to contact the Manhattan pedestrian accident lawyers at Rosenberg & Rodriguez. We have years of experience in handling personal injury lawsuits and will work tirelessly for you from the start to secure fair compensation for you and your family. Schedule a free legal consultation to speak with one of our attorneys where you can ask additional questions and receive information about your specific pedestrian accident case, at no obligation to retain our firm.