Navigating the busy streets of New York on foot can be hazardous as pedestrians contend with cars, taxicabs, buses and trucks. While all drivers are required to be alert and aware of their surroundings, pedestrian accidents are far too common, often resulting in catastrophic injuries and fatalities. If you or a loved one was injured by a negligent driver, you need an experienced attorney by your side.
The law office of Michael LoGiudice routinely fights for the rights of pedestrian accident victims. We are well versed in local and state traffic laws and will work diligently to help you obtain the compensation you deserve.
Common Causes of Pedestrian Accidents
While drivers must exercise reasonable care not to injure others. Many pedestrian accidents are due to driver negligence, including:
- Distracted driving
- Failure to yield
- Driving under the influence
- Failure to obey traffic signals
At the same time, a pedestrian must exercise reasonable care for his or her own safety and follow applicable New York State traffic laws. For example, a pedestrian must obey traffic signals and use crosswalks when crossing the street. If a pedestrian is in the crosswalk and there is no traffic signal, drivers must yield the right of way. On the other hand, if there is no crosswalk, sign or signal at a mid-block location, the pedestrian must yield the right of way to all vehicles. Lastly, a pedestrian is required to use sidewalks. If one is not provided, he or she must walk on the left side on the road facing traffic.
Determining Negligence in a Pedestrian Accident
Although contributory negligence can be assessed against a pedestrian who fails to exercise reasonable care, drivers still must always exercise proper caution and avoid hitting pedestrians. Often times, the driver of a vehicle will claim that the pedestrian was at fault because he or she “darted out of nowhere.”
In any event, determining negligence rests on a number of factors that requires a thorough investigation by a highly skilled personal injury attorney.
At the law office of Michael Loguidice, we routinely collaborate with a respected network of accident reconstruction experts. Their analysis can help determine contributing factors at the time of the accident such as the color of the traffic light for the driver, whether the pedestrian was in the crosswalk, the color of the light, the speed and distance of the vehicle, traffic conditions, visibility issues, and the nature of the injuries.
What to Do After a Pedestrian Accident
If you are the victim of a pedestrian accident, there are a number of steps to take to protect yourself:
- Stay Calm – Do not get into an argument with the driver over whose fault the accident was or offer any apologies. Acting aggressively or being apologetic can undermine your claim.
- Get Medical Attention – If you were injured, call 911 and ask for emergency medical help. Even if you believe you were not seriously injured, you should immediately seek medical treatment from a doctor. Many victims are often unaware of the degree of their injuries because of the shock of being hit by a car. Ultimately, getting the proper medical treatment is essential to your well being and will help to validate your injury claim.
- Exchange information with the Driver and Witnesses – If you are able to so, exchange contact information with the at-fault driver and record his or her name, phone number, address, insurance and registration information. Collecting information from witnesses is also important since their testimony will support your claim.
- Take Pictures – If possible, take pictures with your smartphone of the accident scene, the vehicle, traffic signs and road markers, possible skid marks on the road, your injuries and property damage.
- File a Police Report – It is also crucial to call file a police report of the accident, which will be critical for your personal injury claim.
Pedestrian Accident Injuries
A collision between any motor vehicle and a pedestrian can lead to significant injuries, including:
- Broken bones
- Severe lacerations and bruising
- Spinal cord injuries
- Skull fractures and head injuries
- Traumatic brain injuries
- Internal Bleeding
- Organ damage
- Severed body parts
- Nerve damage
Dedicated Pedestrian Accident Attorney
The law office of Michael LoGiudice has extensive experience pursuing pedestrian accident claims.
Pedestrian accident lawsuits can be complicated and often require negotiating with insurance companies that often seek to settle claims for far less than their full value. We will help you understand your rights and aggressively fight for the maximum compensation.
We can help you recover damages for your past and future medical expenses, lost wages, lost earning capacity and pain and suffering. If the driver was speeding, driving recklessly or under the influence of drugs or alcohol, you may also be entitled to punitive damages. We will also work to ensure you get the medical care that you need. If a loved one was killed in a pedestrian accident, we will file a wrongful death lawsuit against the at-fault driver.
Being hit by a car is a terrifying experience and you should not be forced to suffer because of a driver’s negligence. Call our office or fill out a contact form today for a free consultation.