In densely populated New York, many residents rely on walking as their primary mode of transportation. Unfortunately, pedestrian-vehicle collisions often lead to life-altering injuries due to the lack of physical protection pedestrians have. If you are struck by a vehicle in Westchester County while walking, the actions you take in the immediate aftermath can have a significant impact on your physical health and the outcome of a potential claim against the negligent party. Victims frequently face lasting physical, financial, and emotional challenges. Therefore, if you have been affected by a pedestrian accident, it’s essential to consult with our experienced Westchester Pedestrian Accident Attorneys to discuss your legal options.
Why New York Pedestrian Accidents Are So Serious
New York, including the Lower Hudson Valley Region, is heavily populated. With communities like White Plains, Yonkers, Harrison, Rye, and Mount Vernon, heavy foot and vehicle traffic are a daily occurrence. As such, if a driver fails to obey traffic laws, pedestrians may suffer serious injuries as a result. Unlike collisions between vehicles, pedestrians do not have the heavy metal frame of a vehicle and airbags to help protect them from impact. As such, even collisions that occur at low speeds can be serious.
Pedestrian accidents are generally the result of violations of the New York Vehicle and Traffic Law, especially regarding yielding, crosswalks, and distracted driving. Unfortunately, New York State estimates that 300 pedestrians are killed each year, with thousands more suffering serious injuries, making this an important issue.
What Are Common Causes of Pedestrian Accidents in Westchester?
Pedestrian accidents are a regrettably common occurrence, frequently resulting in severe injuries or even fatalities. These incidents typically stem from preventable driver negligence. A thorough understanding of these prevalent causes is essential for both prevention and for pursuing legal recourse in the event of an accident.
Legal Causes of Pedestrian Accidents
- Distracted driving
- Speeding
- Driving under the influence
- Failure to yield
- Disregarding traffic signals
- Aggressive driving
- Drowsy driving
- Roads that have obstructed visibility
- Pedestrians jaywalking
- Distracted pedestrians
What Should I Do Immediately After Being Struck by a Vehicle?
After a pedestrian accident in the Lower Hudson Valley, it’s vital to act quickly to get the medical care needed for injuries sustained. Although every accident is different, these common steps are often necessary to preserve your health and the outcome of your claim
Immediate Steps to Take
- Call 911 to request emergency medical assistance
- Allow EMTs to examine you, even if you feel okay or injuries seem minor
- Document the damage to the vehicle and visible injuries
- Obtain contact information from witnesses
- Gather the contact and insurance information of the driver
- Request a copy of the police report
- Do not admit fault
- Follow up with a medical provider within 24 hours
- Do not provide recorded statements to insurance adjusters without legal representation
What Injuries Are Common in Pedestrian Accidents?
Because pedestrians will absorb the full impact of a collision with a vehicle, they often sustain catastrophic injuries that can have long-term, if not permanent, implications.
Common Pedestrian Accident Injuries
- Traumatic brain injuries (TBIs)
- Spinal cord injury
- Paralysis
- Permanent nerve damage
- Post-Traumatic Stress Disorder (PTSD)
- Fractures and broken bones
- Internal organ damage
- Sprains and strains
- Lacerations and road rash
Can I Recover Compensation Following a Pedestrian Accident in NY?
In New York, pedestrians are generally covered by the state’s no-fault insurance system, which means medical expenses must first be paid through the driver’s personal injury protection (PIP) insurance, regardless of who caused the collision. However, if you are seeking compensation for pain and suffering, you must meet the state’s “serious injury” threshold to file a claim against the driver directly.
If you have suffered damages as a result of the negligence of another party, you may be entitled to pursue compensation for the harm you’ve suffered through a personal injury lawsuit. This is true even if you are partially responsible, as New York adheres to a comparative negligence statute, which allows injured parties to recover compensation, though it will be reduced by their percentage of fault in the incident.
Common Recoverable Damages
- Medical expenses
- Ongoing and future medical care
- Physical therapy or rehabilitation
- Permanent disability
- Lost wages
- Reduced earning capacity
- Emotional anguish
- Loss of enjoyment of life
- Pain and suffering
How Do You Prove Fault in a Pedestrian Accident Case in New York?
For a pedestrian accident claim to be successful, the injured party must establish negligence by proving a number of elements. If even one element cannot be successfully proven, the claim may not succeed.
In Westchester County, serious pedestrian injury lawsuits are generally filed through the New York State Supreme Court, which handles civil litigation and personal injury claims involving considerable damages.
Elements of Negligence
- The defendant owed you a duty of care
- The defendant breached that duty of care by acting in a negligent manner
- You suffered direct injuries as a result of this breach
- Your injuries resulted in measurable damages
Evidence That Strengthens a Claim
- Police accident report
- Surveillance or dashboard camera footage
- Toxicology reports, if DWI is suspected
- Photographs of crosswalk signs and roadmarkings
- Medical records
- Witness statements
- Accident reconstruction
How Long Do I Have to File a Pedestrian Accident Claim?
It should be noted that the statute of limitations is three years from the date of the accident in accordance with New York Civil Practice Law & Rules § 214. If you fail to meet this strict deadline, you will face the absolute bar of recovery, meaning you will lose your opportunity to pursue the justice you deserve.
Important Timing Considerations
- The clock begins on the date the accident occurs
- Limited exceptions exist for minors
Contact an Experienced Westchester Personal Injury Attorney
While a lawsuit may not fully reverse the profound impacts of a pedestrian accident, it can offer substantial financial relief as you get back on your feet. Should the need for an effective attorney capable of advocating on your behalf arise, the team at Hausman & Pendzick is ready to represent you. We understand how life-altering these accidents can be, which is why we are committed to helping you fight for the best possible outcome. Contact us today to learn how we can represent you.