Pedestrian Accident Lawyer

At Kelner & Kelner, our pedestrian accident lawyers understand the unique challenges faced by pedestrians in New York City. With its bustling streets and iconic landmarks, such as Times Square and Central Park, the city is a vibrant place to walk. Unfortunately, this also means that pedestrian accidents can occur, often leading to serious injuries. If you or a loved one has been involved in a pedestrian accident, our dedicated team is here to help you navigate the legal complexities and seek the compensation you deserve.

Insurance companies routinely offer victims small settlements at first. Our pedestrian accident lawyers — serving victims in New York City and across the state — know the true value of your case and will fight to ensure that you receive fair compensation.

Common Pedestrian Accident Causes

Motorists have a responsibility to drive in a safe and observant manner, adhering to all traffic laws designed to protect everyone on the road. Tragically, every day, pedestrians are killed or seriously injured due to driver negligence or recklessness. Understanding the common causes of these accidents is crucial for both pedestrians and drivers to promote safety in our busy city streets.

Distracted Driving

One of the most prevalent causes of pedestrian accidents is distracted driving. Motorists often fail to notice pedestrians due to distractions from:

• Cell Phones: Texting, making calls, or browsing can divert attention from the road.
• In-Car Technologies: Navigation systems and infotainment options can take a driver’s focus away from pedestrians.
• Other Distractions: Eating, adjusting the radio, or engaging with passengers can also lead to dangerous situations.

Failure to Yield the Right of Way

Drivers are legally required to yield the right of way to pedestrians in designated crosswalks. Unfortunately, many motorists ignore this rule, especially in busy areas like Times Square or near Central Park. This failure to yield can result in serious collisions, as pedestrians often expect vehicles to stop.

Speeding in Residential Areas

Many accidents occur when drivers exceed the speed limit, especially in residential neighborhoods. Speeding reduces a driver’s ability to react quickly to unexpected situations, such as pedestrians stepping into the road. In areas like the Upper West Side, where children and families frequently walk, adhering to speed limits is crucial for safety.

Running Traffic Signs and Lights

Ignoring traffic signals poses a significant risk to pedestrians. Common violations include:

• Running Red Lights: Drivers who do not stop for red lights may strike pedestrians who have the right of way.
• Failing to Stop at Stop Signs: This behavior can lead to near-misses and serious accidents at intersections.

Inadequate Attention at Crosswalks

Crosswalks are designated areas for pedestrians to cross safely. However, many drivers fail to stop or slow down when pedestrians are present. Failing to recognize pedestrians in crosswalks is a common cause of serious accidents, particularly during peak traffic hours in busy areas.

Right Turn on Red

Many drivers opt to turn right at red lights without fully checking for pedestrians. This action can be particularly dangerous at intersections, where pedestrians may be crossing. The lack of attention during these turns can lead to devastating accidents, as pedestrians often assume they have the right of way.

Weather Conditions

Adverse weather conditions can also contribute to pedestrian accidents. Rain, snow, and ice can hinder visibility and road traction, making it harder for drivers to see pedestrians or stop in time. Pedestrians should be particularly cautious during inclement weather, but drivers must also exercise extra care.

Poor Road Conditions

Neglected road conditions, such as potholes, poor lighting, and obstructed signage, can increase the risk of pedestrian accidents. Lack of proper infrastructure can make it difficult for both drivers and pedestrians to navigate safely. New York City, with its busy streets, often faces challenges in maintaining safe walking environments.

If you have been seriously injured in a pedestrian accident, Kelner & Kelner, Esqs. is committed to defending your rights as a victim. We understand the complexities involved in these cases and will fight on your behalf for fair compensation. Our pedestrian accident lawyers' goal is to hold negligent, reckless, and careless motorists accountable for their actions, ensuring that you receive the support you need during your recovery. Your safety matters, and we are here to help you navigate this difficult time.

Possible Injuries from a Pedestrian Accident

Pedestrian accidents can result in a wide range of injuries, many of which can have long-lasting effects on a victim's health and quality of life. Understanding the types of injuries commonly sustained in these incidents is crucial for recognizing the severity of such accidents and the importance of seeking legal assistance. At Kelner & Kelner, we are committed to helping victims navigate their recovery process.

Common Injuries Sustained in Pedestrian Accidents

1. Head Injuries

Head injuries are among the most serious types of injuries that pedestrians can sustain. These may include:

• Concussions: Often resulting from a sudden impact, concussions can lead to cognitive difficulties and prolonged recovery times.
• Traumatic Brain Injuries (TBIs): More severe than concussions, TBIs can result in permanent brain damage, affecting motor function, speech, and cognitive abilities.

2. Fractures and Broken Bones

Fractures are common in pedestrian accidents, often occurring in the arms, legs, and pelvis. Common types include:

• Arm and Wrist Fractures: These often occur when a pedestrian instinctively raises their arms to protect themselves during an impact.
• Leg and Ankle Fractures: Injuries to the lower limbs can hinder mobility and require extensive rehabilitation.

3. Spinal Cord Injuries

Injuries to the spinal cord can result in serious consequences, including:

• Paralysis: Depending on the location and severity of the injury, victims may experience partial or complete paralysis.
• Chronic Pain: Even less severe injuries can lead to long-term pain and mobility issues.

4. Soft Tissue Injuries

Soft tissue injuries, such as sprains, strains, and contusions, are also common in pedestrian accidents. These injuries can be painful and may require physical therapy for recovery.

5. Lacerations and Abrasions

Cuts and scrapes are often the result of direct contact with the vehicle or the ground. While these injuries may seem minor, they can lead to infection and scarring.

6. Internal Injuries

In some cases, pedestrians may sustain internal injuries that are not immediately apparent, including:

• Organ Damage: Blunt force trauma can lead to damage of internal organs, requiring immediate medical attention.
• Internal Bleeding: This can be life-threatening if not diagnosed and treated promptly.

Psychological Impact

Beyond physical injuries, pedestrian accidents can also have significant psychological effects, such as:

• Post-Traumatic Stress Disorder (PTSD): Many victims experience anxiety, flashbacks, and emotional distress following the accident.
• Depression: The impact of injuries on daily life and the recovery process can lead to feelings of hopelessness and despair.

Legal Rights of Pedestrians

Pedestrians in New York City have specific legal rights designed to protect them on the road. Understanding these rights is crucial for ensuring safety and seeking justice in the event of an accident. At Kelner & Kelner, we advocate for the rights of pedestrians and help them navigate the complexities of the legal system.

Right of Way

One of the fundamental rights of pedestrians is the right of way. In New York, drivers are required to yield to pedestrians at crosswalks and when they are walking on sidewalks. This legal protection is crucial in preventing accidents and ensuring that pedestrians can navigate the streets safely.

Duty of Care

Motorists have a legal duty of care to operate their vehicles safely and attentively. This means they must be vigilant for pedestrians, especially in high-traffic areas and during peak hours. If a driver fails to uphold this duty and causes an accident, they may be held liable for the resulting injuries.

Comparative Negligence

New York follows a comparative negligence system, which means that if a pedestrian is partially at fault for an accident, their compensation may be reduced by their percentage of fault. For instance, if a pedestrian was jaywalking but a driver was speeding, both parties may share liability. Understanding how this system works is essential for pedestrians seeking compensation.

Right to Compensation

Pedestrians injured in accidents have the right to seek compensation for their injuries. This includes medical expenses, lost wages, pain and suffering, and other damages related to the accident. A knowledgeable pedestrian accident lawyer can help victims understand their rights and pursue a fair settlement.

Reporting Accidents

If involved in a pedestrian accident, individuals have the right to report the incident to law enforcement. It is important to document the details of the accident, including witness information and police reports. This documentation can be vital in building a case for compensation.

Legal Representation

Pedestrians have the right to seek legal representation to protect their interests. Engaging a pedestrian accident lawyer can ensure that victims understand their rights and receive the necessary support throughout the legal process. At Kelner & Kelner, we are dedicated to advocating for the rights of pedestrians and helping them navigate their legal options.

Comparative Fault in New York

Understanding comparative fault is essential for pedestrians involved in accidents in New York City. This legal principle can significantly impact the outcome of a personal injury claim, influencing both liability and compensation.

What is Comparative Fault?

New York follows a pure comparative fault system. This means that if multiple parties are involved in an accident, each party's degree of fault is assessed. Even if a pedestrian is found to be partially responsible for the accident, they can still recover damages, but the amount will be reduced based on their percentage of fault.

How Comparative Fault Works

For example, if a pedestrian is crossing the street but is not in a designated crosswalk and is struck by a vehicle, the court may determine that the pedestrian is 30% at fault for not using the crosswalk. If the driver was speeding and found to be 70% at fault, the pedestrian can still seek compensation. However, their recovery would be reduced by their percentage of fault—meaning they would receive only 70% of the total damages awarded.

Implications for Pedestrians

This system allows pedestrians to recover damages even if they share some responsibility for the accident. However, it also emphasizes the importance of demonstrating the driver’s negligence. Factors that may influence fault include:

• Traffic Violations: If the driver violated traffic laws, such as running a red light or failing to yield, this can significantly influence liability.
• Pedestrian Actions: The pedestrian’s actions, such as jaywalking or crossing against a signal, will be considered when determining fault.
• Witness Testimonies: Eyewitness accounts can play a crucial role in establishing the facts of the case and determining fault.

The Role of Legal Representation

Navigating comparative fault can be complex, making it vital for pedestrians involved in accidents to seek legal representation. A knowledgeable pedestrian accident lawyer can help gather evidence, negotiate with insurance companies, and represent the victim’s interests in court. At Kelner & Kelner, our pedestrian accident lawyers are dedicated to helping our clients understand their rights and pursue fair compensation, regardless of their percentage of fault.

The Role of a Pedestrian Accident Lawyer

A pedestrian accident lawyer plays a crucial role in helping victims navigate the often complex legal landscape following an accident. At Kelner & Kelner, we are committed to protecting your rights and ensuring you receive the compensation you deserve. Here’s how we assist our clients through every step of the legal process.

Gathering Evidence

One of the first and most important tasks a pedestrian accident lawyer undertakes is gathering evidence to support your claim. This involves:

• Collecting Police Reports: Police reports provide an official account of the accident, detailing the circumstances and identifying any traffic violations. These documents are essential for establishing liability.
• Witness Statements: Eyewitness testimony can significantly bolster your case. Our team of pedestrian accident lawyer will seek statements from individuals who observed the accident, as their accounts can provide insight into how the incident occurred and who was at fault.
• Medical Records: Documenting your injuries is critical for any personal injury claim. We will collect medical records that outline your treatment, prognosis, and any long-term effects of your injuries. This information is vital for substantiating your claim for damages.
• Surveillance Footage: In some cases, video footage from nearby establishments or traffic cameras can provide crucial evidence. We will work to obtain this footage if available.

Negotiating with Insurance Companies

Dealing with insurance companies can be daunting, especially when you are recovering from an injury. Insurance adjusters often aim to minimize payouts, which can leave victims feeling overwhelmed. Our role includes:

• Advocating for Your Best Interests: We understand the tactics used by insurance companies to downplay claims. Our team of pedestrian accident lawyers will negotiate aggressively on your behalf, ensuring that your rights are protected and that you are not pressured into accepting a low settlement.
• Calculating Fair Compensation: We will accurately assess the full extent of your damages, including medical expenses, lost wages, pain and suffering, and other related costs. This comprehensive approach ensures that we advocate for a fair and just compensation amount.
• Handling All Communications: Our firm of pedestrian accident lawyers will manage all communications with the insurance company, allowing you to focus on your recovery. This includes responding to requests for information and navigating any disputes that may arise.

Representing You in Court

If a fair settlement cannot be reached through negotiation, we are prepared to take your case to trial. Here’s how we approach this critical phase:

• Building a Strong Case: Our team of pedestrian accident lawyers will compile all evidence and documentation, developing a compelling narrative that clearly outlines the circumstances of the accident and the extent of your injuries.
• Presenting Your Case: In court, we will present your case effectively, utilizing expert witnesses, medical professionals, and accident reconstruction specialists as needed. Our goal is to demonstrate the other party’s liability and the impact of your injuries on your life.
• Protecting Your Rights: Throughout the trial process, we will safeguard your rights, ensuring that you receive a fair hearing. We will also prepare you for what to expect during the trial, helping to alleviate any concerns you may have.

The role of a pedestrian accident lawyer is multifaceted, encompassing evidence gathering, negotiation, and representation in court. At Kelner & Kelner, we are dedicated to guiding you through each step of the legal process, ensuring that your rights are protected and that you receive the compensation you deserve. If you have been injured in a pedestrian accident, do not hesitate to reach out to our team of pedestrian accident lawyers for support and advocacy during this challenging time. Your recovery is our priority.

Compensation for Pedestrian Accident Victims

After a pedestrian accident, victims may face significant financial burdens due to medical expenses, lost wages, and other related costs. Understanding the types of compensation available is essential for ensuring that you receive the support you need during your recovery. At Kelner & Kelner, we are committed to helping victims navigate the complexities of compensation claims.

Types of Damages Available

Pedestrian accident victims may be entitled to various types of damages, which can be categorized into two main groups: economic and non-economic damages.

Economic Damages

Economic damages are tangible losses that can be quantified. These typically include:

• Medical Expenses: This includes all costs associated with your treatment, such as hospital bills, surgeries, rehabilitation, and ongoing medical care. Documentation of medical records is crucial for substantiating these pedestrian accident claims.
• Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost income. This includes not only wages but also any potential future earnings that may be impacted by your injuries.
• Property Damage: If any personal property was damaged in the accident (for example, clothing or personal items), you may seek compensation for repair or replacement costs.

Non-Economic Damages

Non-economic damages are more subjective and relate to the emotional and psychological impact of the accident. These may include:

• Pain and Suffering: Compensation for the physical pain and discomfort resulting from your injuries. This often considers the severity and duration of the pain.
• Emotional Distress: Many victims experience anxiety, depression, or post-traumatic stress disorder (PTSD) following an accident. Compensation may be awarded for these emotional impacts.
• Loss of Enjoyment of Life: If your injuries limit your ability to participate in activities you once enjoyed, you may be entitled to damages for this loss.

Factors Influencing Compensation

Several factors can influence the amount of compensation awarded in a pedestrian accident case, including:

• Severity of Injuries: More severe injuries typically result in higher compensation amounts due to increased medical costs and longer recovery times.
• Impact on Daily Life: How the injuries affect your daily activities, work, and overall quality of life will be taken into account.
• Liability: The degree of fault assigned to each party can affect compensation. In New York's comparative fault system, your percentage of responsibility may reduce your total recovery.

Seeking Legal Assistance

Navigating the compensation process can be complex and overwhelming, especially while recovering from injuries. Engaging a pedestrian accident lawyer can help you:

• Assess Your Damages: A legal professional can help accurately calculate the full extent of your losses, ensuring that you pursue the appropriate amount of compensation.
• Negotiate with Insurance Companies: Pedestrian accident lawyers are skilled negotiators who can advocate for your best interests, pushing back against low settlement offers from insurance companies.
• Represent You in Court: If necessary, a pedestrian accident lawyer can represent you in court, presenting your case effectively to maximize your chances of receiving fair compensation.

If you have been injured in a pedestrian accident, understanding the types of compensation available is vital for your recovery. At Kelner & Kelner, we are dedicated to helping you pursue the compensation you deserve for your injuries and losses. Our experienced team of pedestrian accident lawyer is here to guide you through the process, ensuring that your rights are protected every step of the way. Reach out to us today to discuss your case and explore your options for compensation.

Get the Support You Deserve

If you or a loved one has been injured in a pedestrian accident, don’t navigate this challenging time alone. At Kelner & Kelner, we are here to help you understand your rights and pursue the compensation you deserve. Contact us today to schedule a consultation and take the first step towards recovery.

Frequently Asked Questions

Navigating the aftermath of a pedestrian accident can be overwhelming. To help you understand your rights and the legal process, we’ve compiled a list of frequently asked questions about pedestrian accidents and the role of a pedestrian accident lawyer.

What Should I Do Immediately After a Pedestrian Accident?

1. Seek Medical Attention: Your health is the top priority. Even if you feel fine, it's important to get checked by a medical professional.
2. Document the Scene: Take photos of the accident scene, gather witness information, and note any relevant details.
3. Report the Incident: Contact law enforcement to report the accident and obtain a police report.
4. Consult a Pedestrian Accident Lawyer: Reach out to a pedestrian accident lawyer to discuss your case and understand your legal rights.

How Long Do I Have to File a Claim?

In New York, the statute of limitations for filing a personal injury claim is generally three years from the date of the accident. However, it’s advisable to seek legal advice as soon as possible to ensure that you meet all deadlines and preserve your rights.

What Types of Compensation Can I Claim?

Victims of pedestrian accidents can claim various types of compensation, including:

• Medical expenses for treatment and rehabilitation
• Lost wages due to time off work
• Pain and suffering for physical and emotional distress
• Property damage for any damaged personal belongings

How is Fault Determined in a Pedestrian Accident?

Fault is determined based on the circumstances of the accident. Factors considered include traffic laws, driver behavior, and pedestrian actions. New York follows a comparative fault system, which means that if both parties share some responsibility, compensation may be adjusted accordingly.

What if I Was Partially at Fault for the Accident?

Even if you share some fault, you can still recover damages under New York’s comparative fault law. Your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your total compensation will be reduced by that amount.

How Can a Pedestrian Accident Lawyer Help Me?

A car accident lawyer can assist you in several ways:

• Gathering evidence to support your claim
• Negotiating with insurance companies to secure fair compensation
• Representing you in court if a settlement cannot be reached

Will My Case Go to Trial?

While many pedestrian accident cases are resolved through settlements, some may proceed to trial if a fair agreement cannot be reached. Your pedestrian accident lawyer will prepare your case for trial if necessary, but they will also work diligently to negotiate a resolution beforehand.