Proven Track Record Of Recovery For Injured Pedestrians
Any person walking on or around a New York public street is susceptible to being hit or struck by a motor vehicle. Unfortunately, certain individuals are more vulnerable to being struck by a motor vehicle than others. For instance, young children walking to and from school or elderly persons trying to cross a busy street are likely in more danger of being struck by a vehicle. Another scenario occurs when a pedestrian is properly walking within a crosswalk in order to cross a street and a vehicle makes a turn from another street without seeing the pedestrian and hits the pedestrian.
The fact remains that the New York metropolitan area and the outer lying areas can be extremely dangerous for pedestrians due to busy motor vehicle traffic, heavy pedestrian traffic and various other factors, including the speed of vehicles traveling on the public roads and prevailing weather conditions.
Additionally, children who reside in the five boroughs of New York City will often play outside their apartment buildings or homes, and these children are extremely vulnerable to an accident with a motor vehicle because they may run into the street to get a ball or walk/run in between parked vehicles. Drivers and operators of any type of motor vehicle on the public roads throughout the City of New York still have an obligation to look and watch out for children playing on the street.
Likewise, drivers of taxis, livery cabs, limousines and any other vehicles for hire are also required to be fully aware of all pedestrian traffic around them. Unfortunately, all too often, since these drivers are busy concentrating on looking for another fare or getting a passenger to his or her location as quickly as possible, they end up getting distracted, which leads to dangerous and life-threatening pedestrian accidents.
For over 35 years, the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., has handled numerous pedestrian accident cases that resulted in serious injuries or the loss of life. We’ve recovered millions of dollars for our clients and are here to help you get back on your feet.
If you or a loved one has become an unfortunate victim of a pedestrian accident resulting in serious injuries or death, please feel free to call the Law Offices of Ira M. Perlman, P.C. & Robert D. Rosen, P.C., at 212-689-5000 to set up a free consultation at one of our New York offices.
Common Injuries Suffered In Pedestrian Accidents
Certainly, the seriousness or extent of injuries suffered in any accident where a pedestrian is struck by a motor vehicle depends upon various factors, including the points of impact or contact between the pedestrian and vehicle, as well as the speed of the vehicle involved. Unfortunately, injuries from pedestrian accidents can range from connective/soft tissue damage involving the cartilage, ligaments and tendons inside the human body to injuries involving fractures/broken bones anywhere in the body. The upper and lower extremities are especially vulnerable, which can result in multiple fractures of the tibia and fibula bones in the lower leg, the patella (kneecap) in the middle leg and the femur (thigh bone) in the upper leg. Additionally, when an individual is thrown or knocked off balance, it is natural for that person to hold his or her arms out in order to prevent a fall. Unfortunately, this often results in fractures to the hands, wrists, elbows and upper arms, including fractures of the shoulder and connective/soft tissue damage inside the shoulder.
If a pedestrian is thrown into the air, injuries can also include traumatic brain injury and/or internal injuries to various other organs in the human body, including the kidney, liver and spleen.
Being struck by a motor vehicle weighing thousands of pounds can also result in crush injuries if a vehicle runs over a pedestrian.
Unfortunately, pedestrian accidents involving motor vehicles can very well lead to a wrongful death and tragic loss for family and other loved ones. Inasmuch as most pedestrian accidents are always very serious, it is extremely important to contact a competent and experienced attorney as soon as possible so that you can receive all of the necessary guidance and learn all of the rights available to you and your family due to any motor vehicle accident involving a pedestrian that causes serious injuries and/or death.
Common Causes Of Pedestrian Accidents
- Failure to yield to the right of way of a pedestrian crossing a street
- Failure to obey a traffic signal, including traffic lights, stop signs, yield signs, caution signs and/or “watch for pedestrian” signs
- Failure to look for a person walking in the crosswalk when turning from one street onto another
- Failure to look behind the vehicle when backing up
- Pulling or backing out of a driveway without properly seeing what there is to be seen
- Driving too close to the shoulder or curb of a road
- Texting while driving
- Using a cellphone while driving
- Using or playing with the touchscreen computer inside the vehicle
- Driving above the speed limit
- Speeding in a school zone or construction zone
- Driving while under the influence or driving while intoxicated
- Losing control of the vehicle, resulting in the vehicle moving off the public roadway onto a sidewalk or any other pedestrian location
How To Pay For Urgent Medical Care And Other Reasonable Expenses After An Accident
When you are injured as a pedestrian by a motor vehicle, you typically have access to the driver’s No-Fault coverage that is part of their auto insurance policy. Basic No-Fault (also known as personal injury protection or “PIP”) auto insurance coverage includes the following:
- Reasonable and necessary accident-related medical and rehabilitation expenses (in accordance with established fee schedules)
- 80% of lost wages from work, up to a maximum payment of $2,000 per month for up to three years from the date of the accident, subject to statutory offsets for New York State disability benefits, workers’ compensation benefits and federal Social Security Disability benefits
- Up to $25 a day, for up to a year from the date of the accident, to reimburse other reasonable and necessary expenses (e.g., household help and transportation expenses to/from medical treatment) resulting from the motor vehicle accident
- A $2,000 death benefit (in addition to the $50,000 basis No-Fault limit), payable to the estate of a person eligible for No-Fault benefits who is killed in a motor vehicle accident
As a pedestrian, even if you or your loved one is covered with private health insurance, the No-Fault insurance available from the owner/driver’s insurance company is considered primary coverage to any health insurance, which means that it must pay first in the event that medical care and treatment are due to injuries from the motor vehicle accident.
Steps To Take After A Pedestrian-Vehicle Accident
- If you are able, move out of the way of any other oncoming and/or moving traffic on the public roadway.
- Call 911 in order to seek medical assistance, and contact the police.
- Try to stay calm, and refrain from moving around so as not to aggravate or exacerbate any injuries you have suffered.
- Have someone contact your loved ones to inform them of the accident.
- Obtain or have someone obtain for you information concerning the identity of any vehicle involved in the accident with you, including the name and address of the operator, the owner of the motor vehicle and any insurance information of the vehicle.
- Obtain any witness information you can on the scene.
- If possible, take or have someone take photographs of the scene of the accident, including any damage to the vehicle(s) involved.
- Take pictures of your own injuries if possible.
- Consult with a lawyer as soon as possible.
- Keep a diary or another record of all the medical care and treatment received, including the names and addresses of all health care providers.
- DO NOT talk to or provide any recorded statement to anyone on behalf of an insurance company before you have spoken to a lawyer. Insurance company representatives have significant training and years of experience in eliciting statements from victims of accidents, which can distort the truth and/or facts only serving to accomplish the goal of trying to significantly diminish or eliminate your claim.
Learn More During A Free Consultation
When you as a pedestrian have been struck by a motor vehicle, you should consult a trusted attorney as soon as possible to ensure you receive the maximum possible compensation for your injuries. Our attorneys will walk you through all of the steps in your case and will aggressively represent you in court when necessary in order for you to receive the maximum financial result you deserve. Call 212-689-5000 to set up your free consultation today.