The streets can be a dangerous place for pedestrians. Data compiled by the Institute for Traffic Safety Management and Research shows that in 2012 there were 15,832 accidents involving motor vehicles and pedestrians, with 312 resulting in pedestrian fatalities. And those that don’t result in death can cause devastating injuries that require costly medical treatments.
Additionally, thousands of pedestrians each year are injured in slip and fall accidents and accidents involving falling signs, debris and other material, often due to negligence on construction sites or other projects occurring within the state. If the injury is the result of negligence, victims in New York can hire a pedestrian accident lawyer to help them file a claim.
Injuries That May Result from Pedestrian Accidents
Pedestrians are generally unprotected from dangers on the road, with children and the elderly the most vulnerable groups. Because of the lack of defense against danger, those involved in pedestrian accidents may suffer significant and long-lasting injuries.
Common injuries that occur as a result of pedestrian accidents include:
- broken bones;
- traumatic brain injuries (TBI) and other head injuries; and
- spine and neck injuries.
Additionally, those injured in pedestrian accidents may suffer from sprained or torn muscles.
Who caused the pedestrian accident?
The parties responsible for a pedestrian accident may vary, especially depending on the circumstances of the accident. For example, if a pedestrian is struck by a motor vehicle while walking in a crosswalk, it is generally the fault of the driver. Motor vehicles may collide with pedestrians if the driver was fatigued, driving while distracted, driving while intoxicated, failed to yield to a red light or other traffic sign, or otherwise acted negligently on the road. The same may be the case in a pedestrian accident involving a bicycle because being struck by a bike can result in serious injuries especially for someone on foot.
In some cases, a pedestrian may be partially responsible for the accident. The pedestrian may jaywalk across the street or ignore other traffic signals. The pedestrian may be under the influence of drugs or alcohol when struck by an oncoming motorist. In this case, however, the pedestrian still may be able to recover compensation.
New York follows a system of comparative negligence, which provides that the injured party still may recover a portion of damages, minus the percentage for which they were responsible. If it is deemed that a pedestrian was 25 percent responsible for their injuries, he or she still may be able to acquire the remaining 75 percent of the damages.
Contact an Attorney to File a Claim
The first step in attempting to gather payment for injuries in a pedestrian accident is filing a claim. It is necessary to understand that there is a limited amount of time in which this action is permitted. Section 214 of the New York Civil Practice Law and Rules gives injured parties three years in which they may file a suit for personal injury, after which this action is barred.
The pedestrian accident lawyers at Gacovino, Lake & Associates, P.C. in New York are here to help if you have been injured in a pedestrian accident. We can discuss the specifics of your case and help gather everything you need to file a claim for compensation. Call us at 800-550-0000.