Pedestrian Accidents

• Pedestrian Accident Statistics
• How We Can Help
• Experience
• A Sampling of Cases We Have Handled
• Investigation
• Medical Bills
• Helpful Links

Close to 5,000 pedestrians are killed in traffic accidents every year. Pedestrian accidents account for 11% of all motor vehicle deaths. Crash involvement rates are highest for males age 5 to 9. The vast majority of non-fatal pedestrian accidents occur in Urban areas (85.7%). The most common time for pedestrian accidents is during morning and afternoon peak traffic. Speeding was a contributing factor in 31% of all pedestrian fatalities. In fact a pedestrian has an 84% chance of being killed by a vehicle traveling 40 mph. Alcohol was involved in 40% of the fatal pedestrian accidents. On average a pedestrian is killed every 2 hours and injured every 8 minutes. These statistics were reported by the U.S. Department of Transportation, Federal Highway Administration.

How We can Help

Our firm represents clients located in Brooklyn, The Bronx, Queens, Manhattan, Staten Island, New York State and many other states (New Jersey, Connecticut, Pennsylvania, Massachusetts, Georgia, Florida, Colorado, North Carolina, and California, and we will handle a case in any state provided we can do so in full compliance with court rules regarding multijurisdictional practice, association of local counsel and/or admission pro hac vice) who have suffered personal injuries as the result of being hit by a motor vehicle.

A pedestrian accident is simply an accident involving a person who is walking (either on the sidewalk, in the street, in a crosswalk, in a parking lot, etc.). Sometimes bicyclists, rollerbladers and skateboarders are considered pedestrians as well. The operator of a motor vehicle must yield the right of way to a pedestrian. However, several issues must be considered when analyzing a pedestrian case. One major issue is called comparative negligence. Comparative negligence is the degree to which the injured party is responsible for the accident. As an example, a person who crosses the street when the sign reads “don’t cross” will have a high degree of comparative negligence. Whereas a person who crosses the street with a sign that says “walk”, but fails to look for vehicles that may be turning has a lower degree of comparative negligence.

A vehicle may leave the scene of a pedestrian accident (either intentionally, or unintentionally, they may not know that they hit someone). If the vehicle leaves the scene, it is VERY important to get the license plate number if at all possible. If the vehicle cannot be identified you may be able to file for uninsured motorist arbitration under your own motor vehicle insurance policy. If you do not have a policy, but someone you live with has a policy, you may be able to recover from their policy. Time is critical and a police report is also very important. If there are no insurance policies available, you may be able to file a claim with MVAIC (Motor Vehicle Accident Indemnification Corporation).

Experience

Our attorneys worked for major insurance companies as well as the City of New York before becoming plaintiff’s lawyers. They know how insurance carriers and municipalities investigate, work up, negotiate and defend lawsuits. After approximately a decade of defense representation the attorneys began representing people who suffered serious injuries. They have been representing injured parties for more than 10 years.

A Sampling of Cases We Have Handled

A woman, crossing the street, was hit by a bus. The driver never saw the woman. She suffered a severe degloving injury when the bus ran over her foot. The jury awarded $16 Million. The verdict was the 7th highest verdict in New York State and the highest verdict in Queens County in 2005.

A woman was crossing the street when she was struck by a car. The driver was making a left turn. The front bumper hit her shin causing a severe fracture. She was hospitalized and surgery was required to repair her leg.

A woman was struck by a car service vehicle that was backing up. The driver did not see her behind the vehicle. She was knocked to the ground.

A man, while talking on a pay phone was struck by a vehicle that backed out of a parking spot, hit the pay phone and knocked the pedestrian down.

The driver of a glass truck was attempting to parallel park. He wound up going onto the sidewalk, striking our client.

A man was sweeping a sidewalk when he was hit by a piece of plywood that was not adequately affixed to the roof of an SUV.

Investigation

It is really important that we begin our investigation as soon as possible. We need to contact witnesses, and if possible take photos of the accident scene. The case goes much smoother when we are called soon after the accident. The insurance companies will do their own investigation. The insurance companies are in business to make money. They make money by limiting the amount that they pay out on claims. It is our job to maximize the amount that our clients recover. Through different means of investigation, we are able to build a case that maximizes the recovery and minimizes the delays.

Medical Bills

Our firm understands that your immediate goals after going through such a traumatic experience are to get the best medical care possible, make sure that your medical bills are covered, and make sure that you do not suffer financially through any lost wages. Our experienced attorneys will discuss your situation and go over the options available to you, as well as work with insurance companies and other parties involved in your case to make sure all your needs are handled quickly and appropriately. Time is short, some claim forms must be submitted within 30 days. Do not delay, contact us or call us.

Helpful Links

• Pedestrian safety guide
• U.S. Dept. of Transportation
• DMV for all states
• NY state DOT
• NY Vehicle & Traffic Law
• Safety tips for walkers

If you or a loved one has been hit by a motor vehicle, CONTACT US ONLINE OR CALL US AT (516) 742-8897= (516) PIATTYS in Long Island, (212) 267-9377= (212) ANSWERS In Manhattan TO SET UP A FREE CONSULTATION. If you can’t come to us, we will come to you in the hospital or we will visit you in our mobile office.