Living in New York City means you’re probably a pedestrian more often than a driver. NYC is considered a “walkable” city, but that doesn’t mean it is always a safe environment for pedestrians. Busy streets, tourists who don’t know their way around, and agitated drivers are the perfect equation for pedestrian accidents.
If you were injured in an accident as a pedestrian, a New York pedestrian accident lawyer can help you understand your rights. You may be able to pursue compensation from the at-fault party.
New York Pedestrian Laws That Protect Your Rights
New York City law spells out the rights and responsibilities of pedestrians. If you were acting within the law when your accident happened, you may have the right to compensation. But if you were violating any pedestrian laws, you likely cannot pin full blame on another driver. A New York pedestrian accident lawyer can help you understand your right to compensation.
These are a few instances where pedestrians have the right of way over drivers.
- When a pedestrian is at a crosswalk and traffic control signals indicate that they are safe to cross
- When a crosswalk signal shows the “walk” sign
- When a pedestrian crosses at an intersection with a stop sign
Meanwhile, pedestrians should yield to motorists when:
- There is a red “Don’t Walk” signal near a crosswalk
- They want to cross the street at any point outside of a marked crosswalk
Only crossing the street in a marked zone should allow you to make it safely to the other side. But many NYC drivers are distracted or in a rush. They may not see you crossing and strike you, leading to a pedestrian accident.
Motorists can also strike you while you are on the sidewalk or in a parking lot, perfectly within your rights to be walking. Holding the at-fault driver accountable with the help of a pedestrian accident lawyer in New York can help you set a precedent to hopefully lower the instances of pedestrian accidents in NYC.
You May Have the Right to Compensation After a Pedestrian Accident
Pedestrian accidents can lead to serious, life-altering injuries. You shouldn’t need to pay medical bills and other resulting expenses out of pocket. Instead, you may have the right to seek compensation.
If you can prove another party’s liability or negligence, you can pursue compensation from them through an insurance claim or lawsuit.
An insurance claim is usually the first course of action for pursuing compensation. If the driver had liability insurance, which is the law in New York, you may have the ability to secure adequate compensation through their insurance policy.
However, NY law only requires drivers to carry a minimum bodily injury liability coverage of $25,000 per pedestrian and $50,000 per accident. If your expenses exceed the driver’s coverage, you won’t be able to secure full compensation through their insurance. The insurance company may also attempt to lowball you or deny the claim unfairly.
In these cases, pursuing legal action with the help of a New York pedestrian accident lawyer can help you increase compensation.
How To Prove Fault in an NYC Pedestrian Accident
To build a sound pedestrian accident claim or lawsuit, you must prove that the defendant was liable for your injuries. This involves showing that the driver or party who caused the accident breached their duty of care to you.
Motorists have a duty of care to reasonably protect the safety of other motorists, bicyclists, and pedestrians. Violating traffic laws is a clear sign that a motorist breached their duty of care. If a police officer who came to the accident scene charged the motorist with a traffic violation, you will likely be able to use this as evidence of the breach.
Even if the motorist did not violate any traffic or pedestrian safety laws, you may be able to prove that they could have prevented the accident yet failed to do so. Perhaps you were stepping off the sidewalk when a vehicle swerved a little too close to the edge of the road and hit you. While you were not in a crosswalk at the time of the accident, you also wouldn’t have anticipated a motorist driving so close to the edge of the road.
Experienced New York pedestrian accident lawyers can help you gather evidence to prove the at-fault party’s negligence. Compelling evidence may include:
- Photos of the accident scene
- Security camera footage from nearby businesses
- Witness testimonies
- Police reports
- Testimony from accident reconstructionists
What Compensation Can You Seek From the At-Fault Party?
You may have the right to seek economic and non-economic damages from the at-fault party in the pedestrian accident. Economic damages account for the direct, monetary costs of the accident, such as:
- Ambulance costs
- Medical bills
- Time off work
- Loss of future earning capacity
- Future medical expenses
- Rehabilitation equipment
If you pursue legal action against the at-fault party, you may be able to claim non-economic damages as well. These are the costs to which you cannot assign a price tag. They may include:
- Emotional distress
- Pain and suffering
- Loss of quality of life
- Mental anguish
If the at-fault driver was being reckless or exhibited other egregious behavior when they caused the accident, you may also have the right to punitive damages. These punish the driver by taking money directly from their bank account.
A qualified New York pedestrian accident lawyer can help you pursue the maximum compensation and start moving forward from this traumatic event.
Seek Help From Experienced New York Pedestrian Accident Lawyers
Protecting pedestrian rights makes New York City a safer place for everyone. If you were involved in a pedestrian accident, our attorneys at Elliot Ifraimoff & Associates, PC, can help you hold the at-fault party accountable and seek the compensation necessary to move forward.
We can take the burden of your insurance claim or lawsuit off your shoulders, giving you time to focus on recovering. Contact our New York pedestrian accident lawyers today at 718-205-1010 to schedule a consultation, then learn more about choosing the right personal injury lawyer.