Manhattan Pedestrian Accident Lawyers

Key Takeaways

• Experience matters when choosing a lawyer to represent you in a pedestrian accident case.
• Compensation may cover not only medical bills but also lost wages and emotional distress.
• Call (646) 647-3398 For A Free Case Evaluation

How The Orlow Firm Maximizes Your Pedestrian Accident Case

Compensation Possibilities for Victims of Pedestrian Accidents in New York

If you’re a victim of a pedestrian accident in Manhattan, understanding the full range of compensation available to you is crucial. Your losses aren’t just limited to your immediate medical bills; both economic and non-economic damages should be taken into account. Here’s what you can be compensated for:

Economic Damages

Medical Expenses: This includes not just immediate emergency medical care but also ongoing treatments, surgeries, medications, and any future medical costs related to your injuries. Physical therapy and rehabilitation costs also fall under this category.

Lost Wages: If your injuries force you to miss work, you may be entitled to compensation for lost wages. This can also include reduced earning capacity if your injuries prevent you from returning to your previous employment or earning at the same level.

Property Damage: Though less common in pedestrian accidents, you may have personal property that was damaged or destroyed during the accident, such as a mobile phone or clothing. You can seek reimbursement for these items.

Transportation Costs: The costs of traveling to and from medical appointments, particularly if specialized treatment is needed, can also be included in your compensation.

Out-of-Pocket Expenses: This category includes any other expenditures directly related to your injuries or the accident, such as the cost of hiring help for household chores you are unable to perform.

Non-Economic Damages

Pain and Suffering: This refers to the physical pain and emotional anguish you may experience due to the accident and your subsequent injuries. These damages are harder to quantify but are an important part of your overall compensation.

Emotional Distress: Beyond immediate pain and suffering, pedestrian accidents can have a long-term psychological impact, including stress, anxiety, and depression. Compensation for emotional distress aims to provide some relief for this aspect of your ordeal.

Loss of Enjoyment of Life: If your injuries severely hamper your ability to enjoy life or participate in activities you used to love, you may be compensated for this loss.

Loss of Consortium: Spouses of the injured person may be able to claim for loss of companionship, sexual relations, and shared parenting duties due to their partner’s injuries.

Disfigurement and Permanent Disability: If the accident results in lasting or permanent scars, disfigurement, or disability, these can also be included in your claim for non-economic damages.

Punitive Damages: While rare, in cases where the responsible party’s actions were particularly reckless or malicious, the court might award punitive damages on top of your compensatory damages.

Knowing what you’re entitled to is the first step in making a successful claim. To get the compensation you deserve, Call (646) 647-3398 for a Free Case Evaluation with The Orlow Firm’s expert Manhattan Pedestrian Accident Lawyers.

Identifying Legal Liability in New York Pedestrian Accidents

Determining legal liability in a pedestrian accident case in Manhattan can be a complex process, influenced by a multitude of factors such as traffic laws, eyewitness accounts, and the particulars of the accident. Liability isn’t always straightforward and might not rest solely on one party.

Often, the driver of the vehicle involved is the first to be considered legally responsible, especially if they were speeding, distracted, under the influence of alcohol or drugs, or otherwise negligent. Drivers have a legal responsibility to yield to pedestrians at crosswalks and to exercise due caution. Failure to do so often makes them the liable party in a pedestrian accident case.

However, the driver isn’t always solely at fault. In some cases, the pedestrian may share some responsibility for the accident. New York follows a “pure comparative negligence” rule, which means that if the pedestrian is found to be partially at fault, their compensation may be reduced proportionally. For instance, if a pedestrian was crossing against the light or outside of a crosswalk, they might be considered partially responsible.

City or municipal authorities may also be held liable in certain cases. Poorly designed or inadequately maintained streets, intersections, and crosswalks contribute to accidents. In such cases, the city could be held partially or fully responsible for your injuries.

In some instances, vehicle manufacturers or maintenance providers can also be found liable. If a vehicle malfunction caused or contributed to the accident—say, brake failure or a faulty traffic signal—the manufacturer or maintenance provider could be deemed responsible.

It’s also possible for multiple parties to share liability. For example, if a driver was speeding through a poorly lit intersection with a malfunctioning traffic light, both the driver and the city could potentially be held accountable.

Because determining liability can be complex and contentious, it’s crucial to consult with experienced Manhattan Pedestrian Accident Lawyers who can accurately assess the situation and advise you on the best course of action. Call (646) 647-3398 for a Free Case Evaluation to discuss your case with The Orlow Firm. We have the expertise to sift through the intricate details and determine who is legally responsible for your injuries, ensuring that you get the compensation you deserve.

Common Injuries Suffered in Manhattan Pedestrian Accidents

Pedestrian accidents are particularly traumatic because unlike car occupants, pedestrians have no protection in the form of airbags or metal frames. The injuries sustained can range from minor to severe or even fatal. The type of injury often depends on various factors including the speed of the vehicle, the point of impact, and the immediate medical care received. Below is a list of common injuries sustained in pedestrian accidents in Manhattan:

1. Soft Tissue Injuries: These include bruises, sprains, and minor cuts that might not be immediately noticeable but can result in long-term discomfort.
2. Fractures and Broken Bones: These are common and can affect any part of the body from limbs to ribs, requiring extended medical treatment.
3. Head Injuries: Traumatic brain injuries are among the most serious outcomes, affecting cognitive abilities, emotional health, and even basic motor functions.
4. Spinal Cord Injuries: Such injuries can result in partial or complete paralysis, leading to a significant change in one’s quality of life.
5. Internal Injuries: Internal bleeding or organ damage may not be immediately apparent but are life-threatening if not promptly treated.
6. Lacerations and Scarring: Deep cuts can lead to significant blood loss and may leave permanent scars.
7. Amputations: In extreme cases, the impact of the accident may result in the loss of a limb.
8. Fatalities: Tragically, some pedestrian accidents result in loss of life, leaving families to cope with unimaginable grief and loss.
9. Psychological Injuries: Apart from physical injuries, the emotional trauma of being involved in an accident can lead to conditions like PTSD, anxiety, and depression.
10. Burn Injuries: Though less common, accidents involving fire or hot surfaces can result in burns.

Understanding the types of injuries involved in pedestrian accidents can help guide medical treatment and also inform your legal strategy. The type and severity of the injury will influence the amount of compensation you’re entitled to, making it vital to have comprehensive medical examinations. If you or a loved one have sustained any of these injuries, consult with Manhattan Pedestrian Accident Lawyers to understand your options for legal recourse. Call (646) 647-3398 for a Free Case Evaluation with The Orlow Firm to discuss your situation and the injuries you’ve sustained. We’re here to fight for the compensation you deserve.

Types of Pedestrian Accidents Occurring in Manhattan

In Manhattan, where the hustle and bustle of city life never stops, pedestrian accidents can happen in a variety of scenarios. Different situations pose unique risks, and understanding these can help in both prevention and in navigating the legal landscape should an accident occur.

Crosswalk Accidents: These happen when a vehicle fails to yield to a pedestrian at a crosswalk, which is among the most common scenarios for pedestrian accidents. Even if the pedestrian has the right of way, distracted or reckless drivers might not stop in time.

Hit and Run: In these unfortunate instances, the driver involved in the accident flees the scene. This makes it more challenging to identify the responsible party and pursue compensation.

Parking Lot Accidents: Pedestrians are often at risk in parking lots where vehicles are turning corners or backing out of parking spaces. Limited visibility and close quarters increase the risk.

School Zone Accidents: Areas around schools are particularly dangerous due to the high number of children walking to and from school. Drivers should be especially cautious in these zones, but accidents still happen.

Vehicle Turning Right on Red: In Manhattan, drivers are often focused on navigating heavy traffic and might not be fully attentive while turning right on a red light, overlooking pedestrians crossing the road.

Vehicle Backing Up: Accidents can occur when a vehicle is backing up, either out of a parking space or driveway. Pedestrians might not notice the car moving, and drivers may not see the pedestrian behind them.

Accidents Involving Buses and Trucks: Due to their size and limited visibility, buses and trucks are more likely to be involved in pedestrian accidents. The injuries sustained in these cases are often severe.

Jaywalking Accidents: Though pedestrians are at fault in these cases, the injuries sustained can be equally severe. Jaywalking poses a significant risk, particularly in busy Manhattan streets.

Accidents at Night: Reduced visibility and increased likelihood of intoxicated drivers make nighttime particularly risky for pedestrians.

Public Transportation Accidents: Whether it’s a subway or a city bus, accidents involving public transportation can be complex due to the potential for multiple liable parties.

Knowing the scenarios in which pedestrian accidents commonly occur can help you be more cautious and also gives you an understanding of the complexities involved in filing a legal claim. If you find yourself involved in any of these situations, it’s essential to consult with Manhattan Pedestrian Accident Lawyers to ensure you take the right legal steps. Call (646) 647-3398 for a Free Case Evaluation with The Orlow Firm. We can help identify the specifics of your case to maximize your compensation.

Relevant New York Laws for Pedestrian Accidents

Understanding the relevant laws can be a crucial part of successfully navigating a pedestrian accident case in Manhattan. While the legal landscape is complex, a few key laws stand out for their importance.

New York’s No-Fault Insurance Law: In New York, No-Fault Insurance Law allows pedestrians to obtain compensation for their medical expenses, lost wages, and other out-of-pocket expenses, regardless of who is at fault for the accident. However, this does not cover non-economic damages like pain and suffering, for which you would typically file a separate claim.

Right of Way at Crosswalks: Under New York law, drivers are required to yield the right of way to pedestrians at all crosswalks, marked or unmarked, when the pedestrian is already in the road. Failure to do so can result in legal liability.

Traffic Control Signals: Both drivers and pedestrians are required to obey traffic control signals. For pedestrians, this means only crossing at crosswalks when the walk signal is on. Disobeying these signals can be considered contributory negligence.

Use of Sidewalks: In Manhattan, pedestrians are required to use sidewalks whenever they are available. Walking along the roadway could be deemed as contributory negligence if an accident occurs.

Speed Limits: Drivers are required to adhere to posted speed limits, and in cases where no limit is posted, a general limit of 30 mph applies. Exceeding these limits can be seen as negligence in the event of an accident.

Drunk Driving Laws: Operating a vehicle under the influence of alcohol or drugs is not just a criminal offense; it can also be considered evidence of negligence in a civil case.

Distracted Driving Laws: In New York, it’s illegal to use a handheld mobile device while driving. If a driver is found to have been texting or making a call at the time of the accident, this can be used as evidence of negligence.

Duty of Due Care: All road users, including drivers and pedestrians, have a duty of due care to act in a manner that minimizes the risk of harm to others. Failure to exercise this duty can result in liability.

Being knowledgeable about these laws is imperative when pursuing a personal injury case as a victim of a pedestrian accident. Call (646) 647-3398 for a Free Case Evaluation with The Orlow Firm, experienced Manhattan Pedestrian Accident Lawyers, to discuss how these laws apply to your specific situation and to strategize the most effective way to seek compensation for your injuries.

Statute of Limitations for Pedestrian Accidents in New York

In New York, like in many other states, there is a strict timeline governing how long victims have to file a personal injury lawsuit, known as the statute of limitations. For personal injury cases, which include pedestrian accidents, the statute of limitations is typically three years from the date of the accident. Missing this deadline can have severe consequences; the court will likely dismiss your case, and you’ll lose the opportunity to seek compensation for your injuries.

However, there are specific circumstances that could extend or shorten this timeline. For instance, if the injured party is a minor, the statute of limitations might not begin to run until they reach the age of 18. On the other hand, if the pedestrian accident involves a government vehicle or occurs on government property, claimants usually have a much shorter period, often just 90 days, to file a notice of claim against the government entity.

Statute of limitations laws can be complex, with several nuances that might apply depending on the specific facts of your case. For example, in some instances where the victim did not immediately realize they were injured, the clock might start ticking from the “date of discovery” of the injury rather than the date of the accident itself. This exception is rare but could be applicable in certain cases.

Understanding the statute of limitations is crucial for safeguarding your right to legal remedy. If you or a loved one have been involved in a pedestrian accident in Manhattan, it is imperative to consult an experienced attorney as soon as possible. Missing the deadline to file your case could result in forfeiting your right to compensation for your medical bills, lost wages, and other damages.

Call (646) 647-3398 for a Free Case Evaluation with The Orlow Firm to understand how the statute of limitations applies to your specific case. The earlier you initiate the process, the better your chances of gathering robust evidence to strengthen your claim.

Prevention Methods to Avoid Pedestrian Accidents in Manhattan

Preventing pedestrian accidents is a shared responsibility between drivers and pedestrians, particularly in a bustling place like Manhattan. Pedestrians can take several steps to safeguard themselves while navigating the busy streets. Always use marked crosswalks and obey traffic signals when crossing the road. Pay attention to your surroundings and avoid distractions like using your phone while walking, particularly when crossing the street. Make eye contact with drivers whenever possible to ensure that they see you, and never assume a driver will stop for you. Wearing bright or reflective clothing can help increase your visibility, especially at night or in low-light conditions.

Drivers also have a significant role to play in pedestrian safety. Adhering to speed limits, particularly in areas with high foot traffic or near schools, is crucial. Drivers should always yield the right of way to pedestrians at crosswalks and be extra cautious when turning right on red. Checking mirrors and blind spots before backing up or turning, and keeping a lookout for pedestrians who may dart out between parked cars or other obstacles, can go a long way in preventing accidents. Abiding by New York’s distracted driving laws, which prohibit the use of handheld mobile devices while driving, is another critical preventative measure. Drunk driving is not only illegal but puts everyone on the road at risk; if you’ve consumed alcohol or used drugs, it’s crucial to find an alternative means of transportation.

City planners and local government can also contribute to pedestrian safety by implementing effective road designs that include well-marked crosswalks, adequate lighting, and traffic calming measures like speed bumps or pedestrian islands. Public awareness campaigns that educate both drivers and pedestrians about road safety can also make a significant impact.

By adopting these preventative measures, both pedestrians and drivers can contribute to a safer environment on the streets of Manhattan. However, accidents can still occur due to the negligence of others. If you find yourself a victim of a pedestrian accident, call (646) 647-3398 for a Free Case Evaluation with The Orlow Firm, specialized Manhattan Pedestrian Accident Lawyers. We can guide you through the complex legal landscape to help you secure the compensation you deserve.

Additional Resources for Manhattan Pedestrian Accident Victims

Navigating the aftermath of a pedestrian accident can be overwhelming. While we strongly recommend consulting with specialized Manhattan Pedestrian Accident Lawyers for personalized guidance, the following resources may provide some general information.

1. NYC Department of Transportation – Pedestrian Safety Report & Action Plan: This report outlines the measures NYC is taking to make streets safer for pedestrians. While it doesn’t offer legal advice, it does provide valuable insights into pedestrian safety initiatives. Visit NYC Department of Transportation
2. CDC – Pedestrian Safety: The Centers for Disease Control and Prevention offer statistics and safety tips for pedestrians. This can help you understand the risks involved and why legal representation is crucial. Visit CDC Website
3. NHTSA – Pedestrian Safety: The National Highway Traffic Safety Administration offers pedestrian safety tips and resources that could be helpful in understanding the scope of pedestrian accidents. Visit NHTSA
4. Vision Zero – NYC: This is New York City’s policy initiative to eliminate all traffic fatalities and severe injuries while increasing safe, healthy, equitable mobility for all. Understanding Vision Zero can give you an idea of what NYC is doing to make the streets safer for everyone. Visit Vision Zero

If you or a loved one has been involved in a pedestrian accident, the best course of action is to consult with an attorney. Call (646) 647-3398 for a Free Case Evaluation with The Orlow Firm. Our Manhattan Pedestrian Accident Lawyers are committed to helping you navigate the complexities of your case and secure the compensation you deserve.

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