Leading New York City Pedestrian Accident Lawyer: Your Path to Compensation
If you or a loved one has been involved in a pedestrian accident, it's essential to seek the help of a qualified pedestrian accident lawyer in NYC as soon as possible.
At Raphaelson & Levine Law Firm, we bring over 30 years of expertise, dedication, and unwavering commitment to every personal injury case, ensuring justice and maximum compensation.
Whether you were walking to work, walking the dog, or performing any other task that New York pedestrians engage in daily, we will work hard to hold the negligent driver accountable for hitting you.
We handle pedestrian accident injuries in every borough of New York City, including the Bronx, Brooklyn, Manhattan, Queens, and Staten Island, NY.
NEXT STEP: To speak with a New York pedestrian accident lawyer at our law office about your next steps, please call 212-268-3222 or complete our free case evaluation form below.
Why Hire A Pedestrian Accident Lawyer at Raphaelson & Levine?
If you've been hit by a car, truck, city bus, or cyclist, an experienced NYC pedestrian accident lawyer is your first line of defense. As a leading New York City pedestrian accident law firm, our role is to help New Yorkers injured in motor vehicle accidents.
We understand that being hit by a car or truck can be a traumatic experience, and we are here to help our clients navigate the legal process and obtain the compensation they deserve.
Your attorney's role starts with understanding your situation and evaluating your case. They'll scrutinize the details to establish liability – that means figuring out who was at fault for the accident.
Pedestrians usually have right-of-way under traffic laws, but proving this can be tricky without legal help. That's where skilled lawyers step in - they know how to use evidence like CCTV footage, eyewitness testimonies, and police reports to build solid cases.
Gathering Evidence & Claiming Damages
A good lawyer doesn't stop there; they work tirelessly to gather crucial evidence for winning compensation claims from negligent parties and insurance companies. Our ultimate goal is to get you maximum financial recovery for your medical bills, lost wages due to missed workdays, pain and suffering plus any other relevant damages resulting from your pedestrian accident case.
In addition to seeking compensation for injured pedestrians, our dedicated personal injury lawyers also protect you against counterclaims made by drivers involved in the incident, which could potentially reduce or void altogether any settlements awarded.
Fighting For Your Rights In Court
If negotiations fail with insurers or if their offers fall short of what’s fair considering injuries suffered along with future potential losses expected (like decreased earning capacity), then taking matters into court becomes inevitable. But don’t worry. Our New York City pedestrian accident lawyers are no strangers to courtrooms. They're skilled at presenting compelling arguments before judges and juries, always aiming for the best possible outcome for their clients.
Living in a lively place like NYC, pedestrian accidents can strike anytime, anywhere. But don't worry; you're not alone in handling these legal fights.
Seeking Legal Help for Your Pedestrian Injury Cases
If you've been involved in a pedestrian accident in New York or lost a loved one to a pedestrian fatality, it's critical to discuss your rights with an experienced personal injury attorney.
Your Right To Compensation After An Accident in New York City
This is where personal injury law and traffic laws step into play. If you have been affected by a pedestrian accident, our legal system allows you to pursue financial compensation for the damages incurred.
Our law office has a long history of successfully representing New York pedestrians who have been injured and are seeking legal recourse. We know how critical it is to accurately assess all possible sources of recovery, from medical expenses and lost wages to future care costs and non-economic losses like pain or suffering.
Over the past 30 years, our pedestrian accident attorneys have an impressive record or results and have achieved some remarkable verdicts and settlements in pedestrian accident lawsuits, including:
- $2,250,000 for a Young Injured Pedestrian Struck By a School Bus
Our client was a 16-year-old student at Bronx Science High School who suffered a catastrophic injury when they were struck by a school bus that ran a red light.
- $1,500,000 for the Wrongful Death of a Brooklyn Teacher Killed in a Crosswalk by NYPD Van
We aggressively litigated versus the New York Police Department on behalf of the family of a New York teacher who suffered a pedestrian fatality in a truck accident.
- $1,300,000 for a Pedestrian Accident Victim Hit By a Car Accident
Our client was crossing the street when a car disregarded a stop sign and hit her, resulting in a fractured ankle and surgery.
We believe every pedestrian accident victim has rights that need protecting, especially those who become victims of road accidents through no fault of their own.
We understand how overwhelming things can feel post-accident – from dealing with injuries and medical treatment to loss of income and other related stressors like PTSD or depression symptoms stemming from traumatic experiences during the event itself.
Understanding the Legal Process for New York Pedestrian Accident Claims
If you've been involved in a pedestrian accident, navigating the legal landscape can feel like crossing Times Square at rush hour. It's complex and overwhelming. But don't worry; we're here to guide you.
First, no-fault insurance plays a significant role in NYC pedestrian accidents. This policy covers medical expenses regardless of who was at fault in the accident - hence its name "no-fault.” Beneath the no-fault insurance umbrella lies a cap on what it will pay.
You might be wondering about claiming damages beyond your no-fault coverage limit. That's where an experienced pedestrian accident attorney at our firm comes into play.
The legal process of a pedestrian accident claim involves an initial consultation, investigation, negotiation settlement, and trial.
We help injured pedestrians navigate this process, ensuring their financial recovery isn’t hampered by legalese or insurance company red tape.
The Importance of Timely Action
Just as traffic law and signals control vehicle movement on roads, time controls the legal procedures post-accident. The law has strict deadlines called a statute of limitations, which govern when claims must be filed after an incident.
In New York State, generally speaking (there are exceptions), personal injury victims have three years from their accident to file a lawsuit against those responsible. Miss this window, and sadly, your claim could be dismissed outright.
Initial Free Consultation
The first step in the legal process is to schedule an initial consultation with a pedestrian accident lawyer in NYC. During this consultation, we'll evaluate your case, answer any questions you may have, and determine if you have a viable claim.
If we determine you have a valid pedestrian accident case or wrongful death claim, the next step is investigating the accident. This may involve gathering evidence such as witness statements, police reports, and medical records. We may also consult with accident reconstruction experts to determine the cause of the accident.
Filing Your Personal Injury Claim
Moving forward with your claim starts with notifying all relevant parties including any drivers involved and their respective insurance companies (if applicable). Documentation is key. Ensure every detail about injuries sustained, treatment received, lost wages etc., gets recorded meticulously.
Negotiation and Settlement
Armed with these facts, our pedestrian accident lawyers will help you accurately assess your claim's worth and begin to negotiate with insurance companies. We may proceed to trial if a fair settlement cannot be reached.
If your case goes to trial, we will present your case to a judge or jury. We will use our experience and knowledge to argue your case and seek the compensation you deserve. Throughout the trial, we will keep you informed of the progress of your case and answer any questions you may have.
Though the legal process after a pedestrian accident can be daunting, we support you. You don't have to do this alone.
Proving Liability in Pedestrian Accident Cases
In pedestrian accident cases, liability, or who is at fault, often boils down to proving negligence.
A party is responsible if they didn't act with due caution and their behavior caused harm to another individual.
This involves demonstrating that the driver had a “duty of care” towards the pedestrian. This could be as simple as adhering to traffic signals and speed limits.
We then need evidence showing how this duty was breached. For instance, distracted driving or failing to yield right-of-way are common breaches leading to pedestrian accidents.
Evidence Collection: Key In Proving Fault
Gathering evidence can help build a strong case against an errant driver. Photos from the accident scene showcasing vehicle positions or broken traffic signals play a crucial role here.
Eye-witness accounts provide perspective on events unfolding, while surveillance footage may capture irrefutable proof of negligence.
Evaluating The Pedestrian's Role In The Incident
Sometimes, pedestrians might share part of the blame for accidents, like not using crosswalks correctly. Common injuries sustained during such incidents may lead some drivers to argue shared liability under New York’s comparative negligence law.
This law permits injured parties to recover damages even if they were partially responsible for their harm, although it does reduce recovery by their percentage fault. Thus, establishing clear liability becomes all-important.
Maximizing Compensation for Pedestrian Accident Injuries
The aftermath of a pedestrian accident can be chaotic and perplexing.
Compensation in pedestrian accident cases can vary widely depending on the specific circumstances of the accident.
Factors such as the severity of the injuries, the amount of insurance coverage available, and the degree of fault of each party involved can all impact the amount of compensation that is awarded
Your pedestrian accident attorney will assist you in ensuring that your compensation for all current and future medical expenses, lost wages, pain and suffering, property damage, and/or any other type of compensation is maximized.
Damages available to victims like yourself often include medical expenses, rehabilitative care costs, lost wages due to missed work, and even loss of future earnings if your injuries prevent you from returning back to everyday life.
We work with leading industry experts to accurately assess your losses to they reflect the true impact your pedestrian accident has and will have on your life.
Determining Accurate Medical Expenses
Your medical bills will form a significant part of this claim. This isn't just about current hospital fees or doctor visits; it includes any long-term treatments or therapies needed for recovery too.
To ensure an accurate estimate of potential future costs related with medical care, experts such as life-care planners may be consulted who specialize in predicting long-term health needs based on injury severity and prognosis.
The Importance of Lost Wages & Future Earnings
In addition to immediate out-of-pocket expenses like hospital bills, another critical component is calculating lost wages – both past and anticipated future ones.
You need proof showing days missed at work because of appointments or being unable to physically perform duties anymore due to ongoing pain limitations after getting hit by a car, SUV, truck, bus or motorcycle, along with employment history reports to help determine what might have earned had not happened in the first place.
Making sure every detail is considered in your compensation claim is critical to ensure you get the maximum possible settlement. It's a complex process, but it can become much more manageable with an experienced NYC pedestrian accident lawyer by your side.
Remember, our aim here at Raphaelson & Levine isn't just about getting compensation but securing what you rightfully deserve.
Common Causes of Pedestrian Accidents in NYC
New York City is a bustling metropolis with constant foot and vehicle traffic. This makes it one of the most dangerous places for pedestrians, as highlighted by statistics from the New York City Department of Health and Mental Hygiene and pedestrian injury data from the National Highway Traffic Safety Association (NHTSA)
In 2021, New York, NY had the highest number of fatal pedestrian accidents out of all cities in the United States, with a population over 500,000. (Source: NHTSA. Total and Pedestrian Fatalities in Traffic Crashes in Cities With Populations of 500,000 or Greater, and Fatality Rates, 2021 )
Distracted driving poses a significant risk to pedestrian safety in New York City. Drivers who use cell phones, GPS systems, or eat while driving fail to focus on their surroundings, often resulting in missed traffic signals, crosswalks, or lack of attention to their surroundings.
Driving While Intoxicated
When motorists choose to drive while intoxicated, it can lead to severe consequences. Impaired judgment and slower reaction times make them a danger to others on the road.
Speeding & Reckless Driving
Unfortunately, speeding and reckless driving have become the norm for many drivers in NYC. Impatient drivers fail to follow traffic rules, disregarding stop signs, speeding through neighborhoods, and ignoring turn signals. These dangerous behaviors, particularly children and pedestrians in highly populated or residential areas, put everyone at risk.
Failing to Obey Traffic Signals
Failing to obey traffic signals puts everyone at risk. When traffic signals fail or are disregarded by drivers, it significantly increases risks for pedestrians crossing intersections. Data from the New York City Department indicates alarming statistics regarding pedestrian safety at city crossings where these incidents frequently occur.
Accidents involving pedestrians in NYC can have multiple causes. Sometimes, it's not just the fault of the driver or pedestrian. The layout of the city itself can contribute to unsafe situations. Factors like inconvenient crosswalk placements, narrow roads that encourage jaywalking, poor sidewalk conditions, and/or inadequate lighting and crossing devices can each play a role.
Common Injuries Sustained in Pedestrian Accidents
Pedestrians involved in accidents often face a higher risk of severe injuries. The absence of protection that a vehicle provides to its occupants leaves pedestrians vulnerable to some pretty harsh impacts.
The most common injury, tragically, is traumatic brain injury. These occur when the head hits the ground or an object with force. These injuries can cause devastating effects, diminishing the injured person's quality of life and leading to costly medical bills and lost wages.
Motor vehicle accidents, including those involving pedestrians, are among the leading causes of this serious injury.
Pedestrian accident injuries can involve more than just traumatic brain damage; they may also include fractures, spinal cord trauma due to direct impact from a car or being thrown onto hard surfaces, internal organ harm, chest and abdominal injuries, broken bones, disfigurement, back injuries, leg and knee injuries, cuts and bruises, and psychological issues like PTSD.
Discuss Your Claim With a Pedestrian Injury Lawyer Today
If you or a loved one has been involved in a pedestrian accident, seeking legal representation as soon as possible is essential.
Our legal team of experienced New York City pedestrian accident lawyers can help you navigate the complex legal system and ensure you receive the compensation you deserve.
When you schedule a free case evaluation with us, we will review the details of your case and provide you with honest and straightforward advice on your legal options.
We understand this is a difficult time for you and your family, and we are committed to providing you with the support and guidance you need to make informed decisions about your case.
During your consultation, we will discuss the following
- The circumstances surrounding your accident
- The extent of your injuries and damages
- The legal options available to you
We'll also answer any questions about the legal process and provide an overview of what to expect moving forward.
Our firm works on a contingency fee basis, meaning we don't charge any upfront fees or costs. We only get paid if we win your case; our fee is a percentage of the settlement or verdict we obtain on your behalf.
NEXT STEP: Call 212-268-3222 today to schedule a consultation with one of our experienced pedestrian accident lawyers in NYC. We are here to help you get the justice and compensation you deserve.