New York Pedestrian Accident Lawyer

Traveling on foot in New York City is the most common way to get around. It can also be very dangerous when motorists and pedestrians don’t follow the rules.

Pedestrians account for about half of motor vehicle accident fatalities in New York City, and pedestrians are 10 times more likely to die in an accident than occupants of motor vehicles, according to the New York City Department of Transportation.

Driver inattention and the failure to yield to someone on foot account for roughly two-thirds of pedestrian deaths and serious injuries in traffic accidents, the New York City DOT reports.

If you have been involved in a pedestrian accident, you know that the costs of the medical treatment can be huge. You may also be unable to work and coping with a significant amount of pain and suffering. If your loved one was killed in a crash, then you could be left without the financial and emotional support you were dependent upon.

The laws in New York allow pedestrians who were hurt in accidents to take legal action against the person responsible for the crash. An experienced New York City pedestrian accident lawyer at David Resnick & Associates, P.C., can help you understand and protect your legal rights.

Causes of Pedestrian Accidents in New York City

Pedestrian accidents can occur as a result of mistakes or careless decisions made by either the driver of a motor vehicle or by the pedestrian.

The New York City Pedestrian Safety Study & Action Plan identifies the most common causes of pedestrian accidents, including:

  • Distracted drivers – Approximately 36 percent of pedestrian crashes that caused death or serious injury occurred as a result of distracted driving.
  • Failure to yield – An estimated 27 percent of serious or fatal pedestrian accidents were attributed to a driver failing to yield the right-of-way.
  • Crossing against the signal – In 20 percent of serious or fatal accidents, a pedestrian crossed against the light.
  • Drunk driving – Intoxicated or impaired drivers were responsible for 8 percent of pedestrian accidents.
  • Wide or unsafe right turns – A total of 31 percent of pedestrian accidents involving large trucks occurred when the truck driver made a right turn.
  • Speeding – Twice as many pedestrian fatalities occurred in crashes with drivers who were exceeding the speed limit. With the standard speed limit on the streets of New York City set at only 30 mph, many drivers speed through the city well above the limit.

Other factors in pedestrian accidents include driver fatigue, driving in an unsafe manner for the road conditions, unsafe lane changes and jaywalking.

New York Laws to Protect Pedestrians

Drivers are expected to obey all of the rules of the road to help keep pedestrians safe. There are also some specific rules that govern how motor vehicles and pedestrians interact. For example, Section 4-04 of the New York City DOT Traffic

Rules requires that:

  • Drivers exercise due care in order to avoid crashes with pedestrians.
  • Pedestrians obey all traffic signals as well as lawful orders and directives of law enforcement.
  • Drivers yield to pedestrians crossing in crosswalks if there are no traffic or pedestrian control signals and if the vehicle’s path is close enough to the pedestrian to put the pedestrian in danger.
  • Pedestrians refrain from suddenly leaving a curb or walking into the path of an oncoming vehicle.
  • Drivers refrain from passing vehicles stopped at crosswalks to permit pedestrians to cross.
  • Pedestrians refrain from entering restricted areas, including those with signs, fences, barriers or other devices prohibiting entry.
  • Pedestrians cross intersections only at designated crosswalks.
  • Pedestrians use crosswalks to cross roads on any block with traffic-control signals at both intersections bordering the block.
  • Drivers yield to pedestrians when the pedestrian control signal displays a WALK sign, a green hand symbol or a green walking figure.
  • Pedestrians yield to drivers when a pedestrian control signal shows a DON’T WALK sign, a red hand symbol or a red standing figure. Pedestrian control signals also count down the amount of time remaining to cross and pedestrians should not enter an intersection when this countdown shows an insufficient amount of time to cross.
  • Drivers yield to pedestrians already in crosswalks when the traffic-control signal changes. Pedestrians should proceed to a curb as soon as possible when the traffic-control signal changes.

Compensation for a Pedestrian Crash

If a driver broke any laws designed to promote traffic safety or behaved in a careless or unreasonable manner in any way while driving, that driver may be held legally liable for the pedestrian accident. If the driver was working at the time of the crash, his or her employer could also be held liable for the accident.

A pedestrian could recover compensation from a driver or his employer through filing a personal injury lawsuit and proving his or her case to a judge or jury. An injured pedestrian could also negotiate an out-of-court settlement. In the event that the pedestrian was killed, the surviving family members could be entitled to pursue a claim for wrongful death damages.

Were You Hurt in a Pedestrian Accident in New York City? Call Our Lawyers Today

If you or someone you love was seriously injured in a New York City pedestrian collision and someone else was at fault, you could be entitled to compensation. The personal injury attorneys at David Resnick & Associates, P.C., are skilled at evaluating traffic accident claims and have a track record of getting results.

Call our firm today at 212-279-2000 or use our online contact form for a free evaluation of your case by an experienced New York pedestrian accident lawyer.