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Seeking Maximum Compensation for Clients in the Bronx, Queens & Brooklyn
Thousands of pedestrians die every year in motor vehicle-related accidents. Another 80,000 are injured by cars, buses, or trucks. Vehicles aren’t the only cause of pedestrian accidents. A poorly maintained property, damaged roadways, and debris all attribute to accidents that injure pedestrians.
There are often multiple parties involved in a pedestrian accident, and the defendants’ lawyers will do all they can to shift blame onto the pedestrian or another party.
An experienced pedestrian accident lawyer won’t let them succeed. For more than two decades, our Brooklyn pedestrian accident attorneys at Koenigsberg & Associates Law Offices have been winning large awards for these victims. We recently recovered $900,000 for a pedestrian who suffered a leg fracture when he was struck by a car while crossing the street.
Determining Who is At Fault for a Pedestrian Accident
Pedestrians are often injured just by walking on a defective sidewalk. When a pedestrian is injured, determining fault can be difficult. Sometimes, it can be proven that the property owner was aware of the problem and neglected to fix it. Knowledgeable New York City pedestrian accident lawyers will tell you that property owners will often try to shift blame to other parties.
The sidewalk outside a store may be the responsibility of the owner, or it may be up to the city to make sure it’s properly maintained. These parties don’t care about the victim’s plight – their goal is to shift blame and avoid responsibility. You need an aggressive Brooklyn pedestrian injury attorney fighting for you, working to ensure you are compensated for your pain, suffering, and lost earnings.
What Can I Expect in a Pedestrian Accident Case?
There are a number of factors that you should understand when getting into a lawsuit associated with a pedestrian accident. You will first want to know how much to expect from your settlement case. It is almost impossible to estimate how much you can receive from a settlement, but here are some elements that may play a part:
- The injuries you have suffered
- How much time you missed at work
- The extent of the medical treatment you underwent
- Your ability to recover
- The impact of your injuries on your normal life before the accident
The insurance adjuster will likely assess your losses and multiply that number between one and five to determine the amount of damages you are entitled to recover. Our attorney can evaluate your case to determine how best to proceed for the maximum benefit possible.
Pedestrian Accidents FAQ
What is pedestrian negligence?
Pedestrian negligence occurs when a pedestrian’s mistake causes an accident, such as jaywalking or stepping suddenly into traffic without checking to see if a vehicle is approaching. Even if the pedestrian is the only party injured, they might not be able to pursue compensation if they were the negligent party.
Do pedestrians pay for damages?
If a pedestrian causes an accident that results in the driver getting injured, then they could be liable for the damages suffered by the driver. Rather than filing against the pedestrian’s personal finances, though, the auto insurance policy they hold can likely be used. Most policies describe damage coverage for auto accidents and pedestrian accidents.
What are the consequences of hitting a pedestrian?
Hitting a pedestrian will be extremely catastrophic for that pedestrian in most cases. Even at low speeds, a pedestrian will suffer life-changing injuries if hit by a car due to the massive weight difference. The driver can also be held criminally liable for the accident and be prosecuted under the full extent of the law.
Do pedestrians always have the right-of-way?
No, pedestrians do not always have the right-of-way. Pedestrians, like motorists, must adhere to the rules of the road. Drivers are often taught to act as if pedestrians have the right-of-way to reinforce the idea that they should do whatever they can to avoid hitting a pedestrian, even when the pedestrian is acting negligently.
What are the main causes of pedestrian accidents?
The main cause of most pedestrian accidents is driver negligence. Motorists who are not paying attention while driving through crosswalks and parking lots are much more likely to hit a pedestrian than drivers who pay full attention to the road.
I've been hurt in a pedestrian accident, and I want to file a claim for my injuries – what's the first thing I should do?
After your receive medical attention, you should speak with a pedestrian accident attorney as soon as possible to get your case moving. The sooner you talk with a lawyer, the better information you can give them about the accident. If you wait too long, you might forget a key detail of your accident.
What if I was partially at fault for the accident?
New York uses pure comparative fault rules for pedestrian accident claims. If you are partially at fault for your injuries, you still retain the right to bring a claim against the driver who hit you. You can be 99% to blame and you still keep that right under this specific liability rule.
What happens if the driver who hit me was uninsured?
Uninsured motorists are all over the road. If one caused your pedestrian accident, then you can still use the personal injury protection (PIP) insurance and uninsured motorist (UM) insurance policies that you purchased as part of your auto insurance plan. If you still have unpaid damages after these policies are used up, then you can talk to an attorney about what to do next.
Common Pedestrian Accident Injuries
Pedestrians who are involved in an accident with a vehicle are obviously going to suffer more harm than the passengers of the vehicle that hit them. The pedestrian is exposed and left without protection from the impact of the crash. When a human body is struck by thousands of pounds of metal moving at high speeds, the results are often disastrous.
They will likely suffer a number of injuries including the ones listed below:
- Broken bones
- Neck and back injuries
- Internal bleeding
- Brain injuries
- Organ damage
- Knee damage
- Shoulder injuries
Injuries sustained in pedestrian accidents can be life-changing. Even worse, many pedestrian accidents involve small children and the elderly. If you or a loved one has been injured, you need an accomplished Brooklyn pedestrian accident attorney to identify the responsible parties and bring them to justice.
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