Westchester Pedestrian Accident Attorneys

Reviewed by Jay S. Hausman, Esq.

The area we live in is great for people to walk from place to place when trying to get around. Unfortunately, there are thousands of pedestrian accidents across the country each year. Victims of these accidents are often faced with very serious injuries, some of which may even be fatal. The consequences of being injured in a pedestrian accident can burden a person for the remainder of his or her life in more ways than just physical pain. Emotional turmoil and financial strain that is related to the accident can also impact a person for years. If you have been injured in a pedestrian accident, it is essential to retain the services of an experienced personal injury attorney who can effectively represent your interests and hold the negligent party liable. Contact the pedestrian accident attorneys at Hausman Law Group today.

Causes of Pedestrian Accidents in NY

Today it seems like everyone is distracted from the thing that they are actually supposed to be doing, whether it is driving, walking, or any other action that requires careful attention. Distracted driving is only one type of driver negligence, but it is often the cause of pedestrian accidents in New York. Sometimes, it is the pedestrian who is at fault because they failed to walk within a crosswalk or pay attention to the drivers around them. Pedestrian accidents are generally the result of violations of the New York Vehicle and Traffic Law, especially regarding yielding, crosswalks, and distracted driving. Some of the other causes of pedestrian accidents that occur may include:

• Speeding drivers
• Driving without headlights at night or in bad weather
• Drivers who do not pay attention to crosswalks, stop signs, or street lights
• Driving under the influence of drugs or alcohol
• Roads that have obstructed visibility due to low visibility, a bad storm, inadequately lit parking lots, or overgrown vegetation
• Pedestrians who cross the road outside of the crosswalk (jaywalking)
• Pedestrians who are not paying attention to where they walk due to being distracted by their phone or listening to music
• Drivers operating their vehicle recklessly
• Drivers driving while fatigued or drowsy
• A crash with a bicycle or cyclist moving at high speeds on the sidewalk

Legal Causes of Pedestrian Accidents

Drivers and pedestrians alike owe it to each other to adhere to the rules of the road as imposed by New York law. Failure to do so establishes legal negligence.

• Distracted driving: Drivers who operate vehicles without hands-free technology, like texting, setting a GPS, or answering calls while driving.
• Speeding: Traveling at excessive speeds that prevent stopping in time for crosswalks or foot traffic.
• Driving under the influence: Operating a vehicle or bicycle while impaired by drugs or alcohol.
• Failure to yield: Motorists failing to yield the right of way to pedestrians in marked or unmarked crosswalks.
• Disregarding traffic signals: Running stop signs, ignoring street lights, or disobeying traffic signs.
• Aggressive driving: Tailgating, making unsafe lane changes, driving on sidewalks, and racing can all put pedestrians at risk.
• Drowsy driving: Driving while drowsy increases the risk of falling asleep behind the wheel, ultimately causing an accident.
• Roads that have obstructed visibility: Inadequately lit roads, bad storms, or municipal neglect like overgrown vegetation.
• Pedestrians jaywalking: Pedestrians who cross the street outside of designated crosswalks, travel down restricted roads like interstate highways, or who cross heavily trafficked roads
• Distracted pedestrians: Foot travelers who are looking at their phone, listening to music, or otherwise not paying attention to surrounding traffic.

Why New York Pedestrian Accidents Are So Serious

New York, including the Lower Hudson Valley areas, is densely populated, as communities including White Plains, Rye, Mount Vernon, Harrison, and Yonkers all have both heavy foot and vehicle traffic.

As such, if a driver fails to adhere to traffic laws, pedestrians can suffer serious injuries as a result.

Unlike collisions that occur between vehicles, when a pedestrian is struck by a car, they lack the protection of a metal frame to help absorb some of the impact and airbags to protect them from the force. As such, even accidents at low speeds that occur between a vehicle and pedestrians can have serious impacts, and larger vehicles, like trucks or SUVs, may result in catastrophic and permanent injuries due to their large size.

Common Pedestrian Accident Injuries

Unfortunately, because pedestrians often sustain the full impact of a collision, they often experience severe, often catastrophic, injuries as a result. This includes:

• Traumatic brain injuries (TBIs): Victims may endure traumatic brain injuries when struck by the vehicle or hitting the pavement, ultimately leading to cognitive defects.
• Spinal cord injury and paralysis: The impact of the collision can result in damage to the vertebrae, ultimately causing temporary or permanent loss of function and sensation
• Permanent nerve damage: Deep lacerations or blunt force trauma that impairs neural pathways permanently.
• Post-Traumatic Stress Disorder (PTSD): Long-term emotional anguish, psychological trauma, and anxiety following a near-fatal event.
• Fractures and broken bones: Commonly broken bones include the legs, arms, wrists, ribs, and even the pelvis, which may require surgical intervention to set and heal.
• Internal organ damage: Life-threatening internal bleeding and trauma to vital organs caused by heavy impact.
• Sprains, strains, and soft tissue injuries: Injuries may include muscle or ligament tears that cause chronic pain for the victim
• Lacerations and road rash: The force of the collision may result in a victim sliding across asphalt, which may result in severe lacerations and road rash that can leave permanent scars

What Should I Do Immediately After Being Struck by a Vehicle?

Following a Lower Hudson Valley pedestrian accident, seeking medical care is critical. While all accidents are different, remaining as calm as possible and taking the correct steps is critical to protect your health and improve your chances of recovery, while also helping to establish records of the accident and your subsequent injuries.

Immediate Steps to Take

If you have been involved in an accident in Westchester County or anywhere in the Lower Hudson Valley Region, it’s in your best interest to take the following steps to best protect yourself as an injured pedestrian:

• Call 911 to request emergency medical assistance: By calling the police, you can ensure that EMTs are present on the scene to provide immediate medical assistance and that the police file a formal incident report.
• Allow EMTs to examine you: Even if you feel okay or injuries seem minor, allowing the EMTs to examine you is critical, as your adrenaline may mask some of the pain you experience.
• Document the scene: Taking photos and videos of the accident scene, including the damage to the vehicle, visible injuries, crosswalks, and road markings, can help provide important proof and evidence in these matters.
• Obtain contact information from witnesses: Gather the names and contact information of witnesses who can corroborate your account of the accident.
• Gather the contact and insurance information of the driver: Obtain the name of the driver involved, their license number, and insurance information, like the company and policy.
• Request a copy of the police report: Obtaining an official copy of the police report from a responding officer is in your best interest before leaving the scene
• Do not admit fault: Do not say anything to the police or the other driver that may insinuate fault. This even includes saying “I’m sorry” to the other driver!
• Follow up with a medical provider within 24 hours: In the event your injuries do not require immediate medical attention, you should still follow up with a provider the day after the collision to ensure any injuries are properly diagnosed, and you can establish a formal treatment plan.
• Do not provide recorded statements to insurance adjusters: You should never provide a recorded statement to insurance companies without first obtaining legal representation, as they will likely attempt to use your words against you to reduce or deny your compensation.

Recovering Damages in a Pedestrian Accident

If you have been hit by a car in New York, you will likely need medical attention and have to miss work for some time to recover from your injuries. Of course, the loss of income in combination with overwhelming medical bills can result in a great deal of stress. Luckily, you may be able to bring a personal injury case against the party that hit you and recover compensation for the burdens you have faced.

In order to file a lawsuit against the negligent party, you must be able to identify the driver and prove that their negligence resulted in the accident. You may be able to recover economic and non-economic damages in your case. Economic damages include any financial burden that was suffered as a result of the accident, such as lost wages, medical expenses, and more. Non-economic damages include emotional distress, pain and suffering, and more.

It’s important to understand that New York adheres to a no-fault insurance system, meaning all medical expenses are required to be paid through the Personal Injury Protection (PIP) coverage of the driver, regardless of who is responsible for the collision. This is because the state wants to ensure that victims can receive some form of immediate financial assistance following an accident. However, these injuries are often severe and may exceed the PIP coverage limits, in which case you can pursue a lawsuit against the driver so long as the “serious injury” threshold is met.

As such, pedestrians struck by vehicles are typically covered under this no-fault system, and therefore must file for compensation through PIP insurance.

Common Recoverable Damages

If the damages you have suffered exceed your PIP coverage and you pursue a claim against the driver, you are generally eligible to fight for the following compensation:

• Medical expenses: Coverage for emergency room care, necessary surgeries, time spent at the hospital, and medication
• Ongoing and future medical care: You can recover compensation for long-term medical care, including future surgery, rehabilitation, and future medical oversight.
• Physical therapy or rehabilitation: You may be eligible to recover compensation for future medical needs like physical therapy to help regain strength and mobility
• Permanent disability: Compensation for permanent injuries, disabilities, and chronic pain endured as a result of the accident.
• Lost wages: Reimbursement for the income lost while you were out of work and recovering from the injuries you suffered.
• Reduced earning capacity: If you are unable to earn the same level of income you earned prior to the accident because of your injury, you can seek compensation for the income you would have earned had it not been for the negligent party.
• Emotional anguish: You are eligible for compensation for the emotional damage you’ve suffered, including the psychological trauma, anxiety, depression, and PTSD you’ve endured as a result of the accident.
• Loss of enjoyment of life: If you are no longer able to participate in hobbies or other recreational activities, you can recover compensation.
• Pain and suffering: You may be able to recover compensation for non-economic damages you’ve suffered as a result, including the physical pain and discomfort you endure as a result of the injuries suffered.
• Property damage: You are able to recover compensation for personal property damaged on impact, like your cellphone, laptop or table prescription glasses, or handbags.

Comparative Negligence in New York

Many victims of personal injuries throughout the Lower Hudson Valley Region are worried about their ability to recover compensation for damages if they are partially liable for the accident. However, in accordance with (CVP § 1411), New York is a comparative negligence state, meaning victims are able to recover compensation, even if they are partially to blame for the incident. However, their total compensation will ultimately be reduced by their percentage of fault in the accident.

• Pure Comparative Fault Model: Compensation is calculated to account for the specific degree of accountability by the defendant
• Fault Percentage Reduction: In the event you recover $50,000 in a settlement, but you are found to be 20% responsible for the accident because you were jaywalking, for example, at the time of the collision, your compensation will be reduced by 20%. This means you are eligible to recover $40,000.
• Defending Against Accusations: Insurance companies and defense attorneys often attempt to assign blame to pedestrians as a means of minimizing the compensation they can recover, ultimately making the need for aggressive legal representation critical.

Suing a Cyclist After an Accident

Cars and trucks aren’t the only cause of pedestrian accidents, as a collision with a bicycle can also result in serious injuries. Those injured while walking on the sidewalk and being struck by a negligent bicyclist are generally eligible to pursue compensation for their damages through a personal injury claim.

• Bicycle Liability Policies: Some cyclists carry specialized liability insurance on their bicycles, in which case you can file a claim against this policy.
• Renter’s or Homeowner’s Insurance: In the event that the cyclist does not have specific bicycle insurance, typically their homeowner’s or renter’s insurance will provide coverage for the damage the pedestrian sustains.
• Direct Personal Lawsuits: In the event the bicyclist has no valid insurance, you can file a personal injury claim directly against them.

How Do You Prove Fault in a Pedestrian Accident Case in New York?

In order for a New York pedestrian accident claim to be successful, you must meet the legal burden of proof to show that the defendant acted negligently and is therefore liable for the damages suffered. In Westchester County, these injury claims generally proceed through the New York State Supreme Court, which handles complex civil cases. As such, working with an experienced attorney can help ensure the accident is carefully investigated and all legal paperwork and deadlines are met.

Elements of Negligence

As such, to recover compensation from a driver, cyclist, or other third party, like a vehicle manufacturer in a pedestrian injury lawsuit, you must meet a number of important legal elements.

• Duty of care: The defendant owed you a duty of care (in this case, to abide by motor vehicle and traffic laws)
• Breach of duty: The defendant breached that duty by acting in a negligent or unlawful manner
• Causation: The breach of duty directly caused your injuries
• Damages: You suffered quantifiable monetary damages as a result of your injuries

Evidence That Strengthens a Claim

An experienced personal injury attorney can help you gather the evidence necessary to strengthen your claim and help you fight for the compensation you deserve. This evidence includes:

• Official police accident report: The police report, including the officer’s observations, issued traffic citations, and diagrams, will be included in the document.
• Surveillance or dashboard camera footage: You can subpoena footage from nearby businesses or obtain dashboard camera footage with the assistance of an attorney.
• Toxicology reports: This can provide objective, scientific data that proves impairment if a driver is suspected of operating a vehicle under the influence.
• Photographs of the aftermath: You should take photos and videos of crosswalk signs, road markings, damage to the vehicle, and any visible damage you have suffered.
• Comprehensive medical records: Hospital records, treatment plans, diagnostic imaging results, and physician’s notes can all help link your injuries to the accident.
• Witness statements: You should gather signed, formal statements from the witnesses who saw the collision, as they can help solidify what actually happened.
• Accident reconstruction analysis: An accident reconstruction expert can assist in breaking down the accident by recreating the scene, including the speed, trajectory, and impact points of the accident.

How Long Do I Have to File a Pedestrian Accident Claim?

In accordance with New York Civil Practice Law & Rules § 214, those pursing a personal injury claim will only have three years from the date on which the injury occurred to pursue a claim for damages.

Failure to meet this timeline, you will be barred from recovering any compensation for the injuries and damages. This means, regardless of negligence or damages, you will be unable to recover the compensation you deserve.

Important Timing Considerations

In order to avoid being denied the right to pursue compensation, it’s important to keep several statutory rules in mind if you have been injured:

• The three-year statute of limitation will begin on the exact date on which the pedestrian accident occurred
• Exceptions to the three-year deadline may be put in place for minors, which can impact the filing deadline
• Claims filed against negligent municipalities or government entities have a shorter filing window, as a Notice of Claim is generally required within 90 days

Contact Our Pedestrian Accident Attorneys Today

Being injured in a pedestrian accident can have long-term consequences on your life. While a lawsuit may never reverse the impacts of the accident, it can reduce the burdens substantially. If you need an effective personal injury lawyer that can fight on your behalf, contact Hausman Law Group today. Our firm has decades of experience representing clients in Westchester County and the surrounding areas.