Rosenberg & Rodriguez, PLLC

Getting around on foot in New York has increased significantly over the last few years. The high cost of owning a motor vehicle in New York, New York’s traffic, as well as concerns about the environmental and going green have all contributed to more and more New Yorkers abandoning their cars and choosing to travel within New York by foot. While there are many benefits to walking as an alternative to driving, the fast moving and busy streets of New York can be very dangerous for pedestrians.

Causes of Pedestrian Accidents

The Vehicle and Traffic Laws of the State of New York contain numerous provisions or “Rules of the Road” that outline the rights and duties of both drivers and pedestrians. These rules are designed to maximize safety and prevent accidents and injuries on our roadways. However, far too many drivers fail to follow these rules often resulting in accidents with pedestrians. Some of the more common causes of pedestrian accidents are:

  • Drivers failing to yield to pedestrians crossing in crosswalks
  • Driver inattentiveness. This usually involves drives engaged in texting or talking on a cellphone, eating or engaged in other activities while driving
  • Aggressive driving
  • Speeding
  • Driving under the influence or alcohol or drugs
  • Dangerous streets or intersections. This typically involves poorly designed roads that do not provide good sight distance, safe crosswalks for pedestrians to cross and/or lights that change too quickly thereby not allowing pedestrians to get across the entire roadway safely.

What Happens After A Pedestrian Accidents

The human body is obviously no match for a moving vehicle that typically weighs thousands of pounds. As a result, pedestrians who are struck by vehicles often sustain significant injuries that include broken bones, trauma to the neck and back, head injuries and loss of consciousness. A pedestrian struck by a vehicle is often rushed to the hospital by an ambulance before the police arrive. The end-result is that the pedestrian-victim’s version of the accident is often not included in the police report. Even when pedestrians do get a chance to speak to the police immediately after the accident, they are usually not in the proper state-of-mind due to their injuries to give a precise version of what occurred. This often results inaccurate police reports that insurance companies use to deny payment of claims made by the injured pedestrian.

Pedestrians who are struck and injured in a car accident are not only faced with recovering from their injuries, they are also faced with worrying about how they will pay their medical bills and support their families while out of work and recovering from their injuries. The filing of these claims involves the preparation of confusion forms and applications and dealing with insurance company representatives that have a vested interest in protecting the driver and owner of the vehicle.

This is why it is vitally important that you seek the aid of a qualified and experienced pedestrian accident lawyer if you or a loved one is involved in a pedestrian accident. An experienced attorney will begin an immediate investigation of the accident doing such things as obtaining witness statements, securing available security camera footage and filing reports correcting any errors in the police accident report. In addition, your attorney will prepare and file all the necessary forms with the appropriate insurance company for the payment of your hospital/medical bills and for compensation of your time out of work.

At Rosenberg & Rodriguez, PLLC we will happily speak with you at no cost and evaluate your case to see whether you are entitled to compensation for your accident. Please do not hesitate to call us write away if you or a loved one is involved in pedestrian accident.

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