Queens Pedestrian Accident Lawyers

Queens Pedestrian Accident Lawyers You Can Trust

Walking in a densely populated area like New York City can be risky for pedestrians. Even careful pedestrians who follow traffic rules can be in danger due to reckless and inattentive drivers of cars, taxis, and trucks. A pedestrian hit by a motor vehicle, even at low speeds, while crossing a street corner or using a crosswalk, is likely to suffer severe, life-threatening injuries.

If you’ve been involved in a pedestrian accident, it’s crucial that you contact a Queens pedestrian accident lawyer with experience with these types of cases as soon as possible. At Rosenberg & Rodriguez, we deal with various types of pedestrian accidents, including those involving cars, motorcycles, trucks, wrongful death, paralysis injuries, and more. Contact us today for a complimentary case consultation and to learn more about how we can help.

Negligent Driving Often Results In Pedestrian Accidents

The high number of pedestrians in Queens and NYC means accidents involving them are inevitable. The NYC Department of Health reports that around 15,000 pedestrians get hurt by motor vehicles each year in the city, with 300 of them being fatal. Reckless or distracted driving is a common cause of these accidents. Additional causes of pedestrian accidents include:

  • Failure to yield at a stop sign or stoplight
  • Failure to yield to pedestrians in crosswalks
  • Loss of vehicle control
  • Speeding or the inability to stop
  • Driving while drunk
  • Driving while texting
  • Driving while exhausted
  • Distracted driving

If you or a loved one has been injured in a pedestrian accident in the NYC metropolitan area, our Queens pedestrian accident attorneys are here to help. We will work tirelessly to represent you in your case. Contact us today to find out more about the next steps.

Determining Fault In Pedestrian Accidents

To ensure proper recovery, it’s crucial to prove that someone else was responsible for your injuries. This can be easy in cases such as a pedestrian being hit by a drunk driver who ran a red light. However, in some cases, it may require a more thorough investigation and complex arguments, as multiple parties could be at fault for pedestrian injuries.

Negligent Drivers

If a driver hit you and was breaking traffic laws or not driving with the expected standard of care, they or their insurance company may be responsible for your injuries. Although there isn’t a complete list of negligent actions, some typical signs include:

  • Speeding
  • Distracted driving, such as texting while driving
  • Driving under the influence of alcohol or a controlled substance
  • Non-compliance with traffic laws, such as running a red light or failing to heed a crosswalk
  • Failure to remain aware of one’s surroundings

Other Pedestrians

Pedestrian accidents are commonly associated with drivers, but sometimes another pedestrian may also be at fault. For instance, if someone carelessly runs down the street and causes injury by knocking into another pedestrian, they may be held responsible by a court. In case the injured person is hit by a vehicle after being knocked into the street, it becomes necessary to determine the extent of fault between the runner and driver. Our firm is equipped to help handle such complex situations.

Local Government

To ensure pedestrian safety, local governments are responsible for maintaining traffic signals, crosswalks, stop signs, and other indicators. These fixtures are crucial in directing traffic and keeping pedestrians safe. Failure to maintain them can increase the risk of accidents. We have experience dealing with the complexities and bureaucracy involved in pursuing compensation from government entities for pedestrian injuries. Let us use our expertise to guide you through this process.

Recoverable Damages After A Pedestrian Accident In Queens, NY

Our team at Rosenberg & Rodriguez will collaborate with you to comprehend the extent of your injuries and their impact on your life. Based on this knowledge, we’ll develop a comprehensive strategy for obtaining compensation for the physical and financial harm you’ve endured due to the accident. Typical damages recovered in pedestrian injury cases include:

Medical Expenses

The severity of your injuries will determine how much you will spend on medical bills. These may include expenses from being hospitalized, visiting the doctor, taking emergency transportation, and buying medication. Other costs such as future medical care, rehabilitation, or in-home assistance may also need to be considered.

Loss of Income

In case you are unable to attend work due to your injuries, you have the right to claim compensation for lost salary and wages. Additionally, if you anticipate missing work in the future because of the accident, you can claim compensation for that as well. If your injuries restrict your ability to perform certain job functions, hold certain job positions, or work full-time, it is advisable to seek compensation for the loss of your future earning capacity.

Damage to Property

If you had any damaged property such as a laptop or cell phone with you during the accident, you have the right to have it repaired or replaced.

Pain and Suffering and Emotional Distress

If you have experienced significant physical pain or emotional distress as a result of the accident, you may be eligible to receive compensation for these types of intangible damages.

Loss of Enjoyment

If your injuries have made it impossible to participate in activities that you used to enjoy, you may be eligible for compensation for this loss.

Punitive/Exemplary Damages

Punitive damages do not compensate individuals for their injuries. Rather, they are intended to punish defendants for their severe misconduct. The criteria for receiving punitive damages in New York are very demanding.

If you have evidence of your injuries and the other party’s fault, it may not be easy to receive full compensation from those who are liable. They might say that you were at fault for some or all of the accidents, which could reduce their responsibility to pay. They could also challenge the amount of damages you are claiming. To overcome these defenses, you need a pedestrian accident lawyer who can fight for you.

It’s typical for the party at fault to offer a settlement amount that is much lower than what you should rightfully receive. They may do so, assuming that you are willing to move on from the matter quickly. However, settling for less than what you deserve should not be an option. Our Queens pedestrian accident lawyers will collaborate with you to ensure that you comprehend the amount you are entitled to based on the case’s facts and create a strategy to ensure that you receive fair compensation.

Queens Pedestrian Accident Statistics

Pedestrian accidents have been on the rise nationwide, with a 53% increase since 2009. Sadly, pedestrians make up about 17% of all crash fatalities. According to the Queens Pedestrian Safety Action Plan, over 250 people are severely injured or killed every year in Queens alone – that’s roughly one pedestrian every workday. Queens has the second-highest per-capita fatality rate in the five boroughs, following Manhattan.

NYC’s Vision Zero initiative reports that pedestrian fatalities have decreased over the past 30 years, but have recently started to rise again. Queens borough comprises 110 square miles with 2,169 miles of roadway and 18,150 intersections. The Queens Pedestrian Safety Action Plan reveals that 75% of pedestrian fatalities are due to dangerous driver actions. In cases where driver negligence leads to an accident, victims may be eligible for financial compensation.

Frequently Asked Questions

Can I Still Be Compensated If the Driver Fled the Accident Scene?

If the driver who caused your accident leaves the scene, you may believe that you cannot receive compensation for your injuries and damages. Nonetheless, you might still be eligible for compensation if you have your own auto insurance policy.

If you have purchased liability coverage for your auto insurance policy in New York, it must also include supplemental underinsured motorist (SUM) and uninsured motorist (UM) coverage with a limit equal to your liability coverage. Uninsured motorist coverage is typically used when the at-fault driver in an auto accident does not have the required liability insurance coverage, but it can also be utilized for hit-and-run pedestrian accidents as the driver is considered uninsured.

What’s The Average Settlement For A Pedestrian Accident In Queens, NY?

The Queens pedestrian accident lawyer will evaluate your current and future financial expenses and any non-monetary damages you have suffered. Several factors will affect the amount of a fair settlement.

  • The type of injury you sustained
  • Your financial expenses, including the cost of medical treatment
  • How the injury will impact your future ability to work and enjoy life
  • Your physical and emotional suffering
  • Available insurance coverage
  • The strength of your negligence claim

The value of your claim for a pedestrian accident depends on various factors. Each case is unique, so your lawyer will need to review the specifics before giving an estimated value.

Contact Our Queens Pedestrian Accident Lawyers Today

If you or someone you know has been hit by a car while walking in Queens, don’t let insurance companies exploit your situation. Contact Rosenberg & Rodriguez for a free consultation with an experienced Queens pedestrian accident lawyer as soon as possible to receive what you are entitled to. Our goal is to assist our clients in receiving the highest possible compensation they deserve.