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Brooklyn Pedestrian Accident Lawyers
Pedestrian Accident Experts with offices in Queens, Brooklyn, Manhattan & The Bronx
If you or a loved one has been injured in a pedestrian accident in Brooklyn, you’re likely facing a lot of uncertainty. Medical expenses, lost wages, and emotional trauma can make it difficult to know what to do next. At The Orlow Firm, our Brooklyn Pedestrian Accidents Lawyers have the experience and resources to guide you through this difficult time and fight for the justice you deserve.
- The Orlow Firm specializes in pedestrian accident cases in Brooklyn and can help you maximize your compensation.
- Victims of pedestrian accidents may be entitled to compensation for medical expenses, lost wages, and emotional distress.
- Call (646) 647-3398 For A Free Case Evaluation
How The Orlow Firm Maximizes Your Pedestrian Accident Case
When you’re involved in a pedestrian accident, the emotional, physical, and financial burden can be overwhelming. At The Orlow Firm, we understand what you’re going through and are committed to fighting for the justice you deserve. Here’s how we can help maximize your Brooklyn pedestrian accident case.
Expertise in Pedestrian Accidents: Our attorneys have years of experience dealing specifically with pedestrian accidents in Brooklyn. This means we understand the ins and outs of the law, as well as the tactics insurance companies use to minimize payouts. This expertise will be leveraged to build a strong case for you.
Comprehensive Investigation: We go beyond the police reports. Our team will visit the accident scene, interview witnesses, consult experts, and review any available video footage. All of these elements help to strengthen your case and make sure no detail is overlooked.
Claim Assessment: After an initial consultation, which is free, we provide you with a thorough assessment of the claim’s value. This includes future medical expenses, emotional trauma, lost wages, and other relevant costs, so you know what to expect and can make informed decisions.
Negotiation Skills: One of the keys to maximizing your compensation is strong negotiation. We negotiate aggressively with insurance companies and other parties involved, making sure that you get the best possible settlement.
Trial Readiness: If your case goes to trial, you can be confident that we are prepared. We have a track record of winning cases in court and are ready to take that experience into the courtroom for you.
Contingency Fee Structure: At The Orlow Firm, you don’t pay unless we win. This ensures that we are as invested in your case as you are, allowing us to focus on getting you the maximum possible compensation.
Timely Communication: We make it a priority to keep you informed every step of the way. You’ll never be left in the dark about the status of your case, upcoming steps, or any changes that could affect the outcome.
Access to Resources: Legal battles require various resources, including expert witnesses, medical professionals, and accident reconstruction specialists. We have a network of trusted professionals to consult on your case, further bolstering your claim.
Client-Centric Approach: Your needs and concerns are always our top priority. We take the time to understand your unique situation and tailor our approach accordingly, making sure that we are aligned with your goals.
Competitive Edge: With our proven strategies, extensive resources, and unyielding dedication, we give you a competitive edge in your pursuit of justice and compensation.
For more information and to discuss the specifics of your case, call (646) 647-3398 for a free case evaluation.
What New York Pedestrian Accident Victims Can Be Compensated For
If you’ve been a victim of a pedestrian accident in Brooklyn, you may be eligible for various types of compensation to help cover the burdens you’re facing. The legal system generally categorizes these into economic and non-economic damages. Understanding what you may be entitled to can provide some relief as you navigate this challenging time.
Medical Expenses: This can be one of the largest financial burdens following an accident. Compensation for medical expenses may cover hospital stays, surgeries, medication, physical therapy, and any future medical care you may require due to the injury.
Lost Wages: If you’ve had to take time off work due to your injuries, you may be compensated for the wages you’ve lost during that time. This can also extend to future earning capacity if you’re unable to return to work or have to switch to a lower-paying job because of your injuries.
Property Damage: If any personal property such as a phone, laptop, or any assistive devices were damaged during the accident, you may be compensated for the cost of repair or replacement.
Rehabilitation Costs: Ongoing physical or occupational therapy and rehabilitation services can add up quickly. These costs can be included in the economic damages you may receive.
Transportation Costs: Trips to and from the hospital or other medical facilities can be costly. These costs can be included in your claim.
Pain and Suffering: This covers the physical discomfort and emotional distress you’ve experienced as a result of the accident. Calculating this cost is complex and often requires legal expertise to quantify.
Emotional Distress: Accidents often cause significant emotional and psychological distress, such as anxiety, depression, and PTSD. You can be compensated for the impact these conditions have on your daily life.
Loss of Enjoyment: If the injuries you’ve sustained impact your ability to enjoy hobbies, exercise, and other recreational activities, this can be factored into your compensation.
Loss of Consortium: This pertains to the negative impact the accident has had on your relationship with your spouse or family members.
Reputation Damage: In some cases, being involved in an accident could harm your reputation, affecting both personal and professional aspects of your life. While this is more difficult to quantify, it may be considered in certain situations.
It’s crucial to consult with an experienced pedestrian accident lawyer to fully understand the compensation you may be entitled to. To discuss the specifics of your case and what you may be eligible for, call (646) 647-3398 for a free case evaluation.
Who’s Legally Liable in New York Pedestrian Accidents
Determining who is legally responsible in a pedestrian accident can be a complex process that involves multiple factors. In Brooklyn, as in the rest of New York, liability often falls under the principle of “comparative negligence,” meaning that responsibility can be shared among multiple parties based on their respective contributions to the accident.
One of the most common parties held responsible is the driver of the vehicle involved. Factors like speeding, distracted driving, failure to yield, or impaired driving can be strong indicators of the driver’s negligence. However, the driver isn’t always solely to blame. For example, if the pedestrian was crossing the street against the light or outside of a designated crosswalk, they could also bear some level of responsibility for the accident.
In some cases, the local government may also share some liability, especially if poor road design, insufficient signage, or lack of proper lighting contributed to the accident. A malfunctioning traffic light or a poorly marked crosswalk could be evidence of municipal negligence.
Companies can also be held liable in certain situations. For example, if the vehicle involved in the accident was a commercial truck or a rideshare vehicle like Uber or Lyft, the company may bear some responsibility, particularly if they failed to adequately train their drivers or ensure that they were operating their vehicles safely.
Even pedestrians themselves have been found partially responsible for accidents, particularly in cases where they were not adhering to traffic signals, were intoxicated, or were otherwise acting recklessly. However, under New York’s comparative negligence laws, being partially at fault doesn’t necessarily bar a pedestrian from recovering damages; it may just reduce the amount of compensation they’re entitled to receive.
It’s important to note that determining legal responsibility is a complex task that often involves thorough investigations, expert testimonies, and sometimes, litigation. Therefore, if you or a loved one has been involved in a pedestrian accident in Brooklyn, it’s crucial to consult with experienced lawyers like those at The Orlow Firm. They can provide you with the legal guidance necessary to identify all the parties that may be liable for your injuries and fight for the compensation you deserve.
For a detailed evaluation of your case and to explore your legal options, call (646) 647-3398 for a free case evaluation.
Common Types of Injuries in Brooklyn Pedestrian Accidents
Pedestrian accidents often result in a wide range of injuries that can vary from minor to catastrophic. The extent of these injuries frequently depends on factors such as the speed of the vehicle, the point of impact, and the overall circumstances surrounding the accident. These injuries can have long-lasting effects on your health, well-being, and quality of life. Below are some of the most common types of injuries sustained in pedestrian accidents in Brooklyn.
- Broken Bones: Pedestrians have little protection against the force of a vehicle, making broken bones a common result. These can range from simple fractures to compound breaks requiring surgery.
- Spinal Cord Injuries: The impact can severely damage the spinal cord, potentially resulting in partial or full paralysis.
- Head Injuries: Traumatic brain injuries (TBI) are a serious concern, affecting cognitive functions, memory, and emotional well-being.
- Lacerations and Bruises: While these might appear minor, deep cuts can lead to severe blood loss or infection.
- Internal Bleeding: The force of the collision can cause internal organs to rupture, leading to internal bleeding that might not be immediately noticeable.
- Dislocations: Shoulders, knees, and other joints can be dislocated upon impact, requiring immediate medical attention and possibly ongoing treatment.
- Road Rash: This occurs when a pedestrian is dragged or thrown across the road, causing severe skin abrasions.
- Amputations: In extreme cases, the impact’s severity may lead to the loss of a limb either at the scene or through a necessary medical procedure later.
- Psychological Trauma: The emotional impact should not be underestimated. Victims often experience anxiety, depression, and even post-traumatic stress disorder (PTSD) after an accident.
The list above is not exhaustive but highlights the range of physical and emotional injuries one can sustain in a pedestrian accident. Addressing these injuries requires extensive medical treatment, ongoing care, and sometimes, lifelong adjustments. Compensation for these injuries is crucial for your recovery and long-term well-being. That’s why it’s important to consult with experienced pedestrian accident lawyers like those at The Orlow Firm. We can help you navigate the complex legal landscape to secure the compensation you deserve for your injuries. For a comprehensive evaluation of your case, call (646) 647-3398 for a free case evaluation.
Common Types of Pedestrian Accidents in Brooklyn
Pedestrian accidents can occur in a variety of scenarios, each presenting its unique set of challenges and considerations for legal action. Understanding these different contexts can help you better assess the factors that contributed to your accident.
Crosswalk Accidents: One of the most common settings for pedestrian accidents is crosswalks. These occur when drivers fail to yield the right-of-way to pedestrians who are legally crossing the street, often leading to serious injuries or fatalities.
School Zone Accidents: School zones are meant to be safe areas for children, but unfortunately, accidents still occur. This can happen due to speeding, distracted driving, or failing to stop for a school bus.
Parking Lot Accidents: These accidents often occur when drivers are backing out of parking spaces and fail to notice pedestrians behind them. These can be particularly dangerous as the driver is usually focused on other vehicles, not people walking.
Hit and Run: In these unfortunate situations, the driver leaves the scene without offering aid or exchanging information, making it more difficult to pursue compensation.
Sidewalk Accidents: These are less common but can occur when a vehicle jumps the curb or when a pedestrian is forced onto the road due to obstructions on the sidewalk.
Public Transportation Accidents: Accidents involving buses, trams, or other public transit vehicles can result in severe injuries, often due to the size and weight of these vehicles.
Drunk Driving Accidents: Impaired drivers pose a significant risk to pedestrians. Their reduced reaction times and impaired judgment can result in tragic outcomes.
Night-time Accidents: Reduced visibility and fatigue can contribute to accidents that occur in the evening or early morning hours, making them particularly dangerous.
Unsignalized Intersections: These are intersections without traffic signals or stop signs. Drivers and pedestrians alike may be uncertain about who has the right-of-way, leading to collisions.
Understanding the types of scenarios in which pedestrian accidents occur can be crucial when building your case. This knowledge allows you and your attorney to better investigate the accident and determine liability. It also aids in educating you about the various risks involved in pedestrian activities and how to mitigate them. If you or a loved one has been involved in a pedestrian accident in Brooklyn, The Orlow Firm’s experienced team can guide you through the complexities of the legal system to help you secure the compensation you deserve. To discuss your specific case in detail, call (646) 647-3398 for a free case evaluation.
Relevant New York Laws for Pedestrian Accidents
Understanding the laws governing pedestrian accidents is crucial for anyone looking to pursue a claim for injuries sustained in such an incident. New York has several laws that apply to pedestrian accidents, and being familiar with them can help you understand your rights and responsibilities.
Vehicle and Traffic Law (VTL) Section 1151: This New York State law stipulates that drivers must yield the right-of-way to pedestrians legally crossing at crosswalks. Failure to do so can result in fines and points on the driver’s license, and serves as evidence of negligence in personal injury cases.
New York City Traffic Rules 4-04 (b) and (c): These local laws require drivers to exercise due care to avoid colliding with pedestrians. They specifically highlight the duty to exercise care when a pedestrian is a child, is clearly confused, or is incapacitated.
New York State’s “No-Fault” Insurance Law: New York is a no-fault insurance state, meaning that your own insurance company will pay for your medical bills and lost wages up to a certain amount, regardless of who was at fault. However, serious injuries may allow you to step outside the no-fault system and sue the responsible driver.
Comparative Negligence: New York follows the doctrine of comparative negligence, which allows you to recover damages even if you are partially at fault. However, your compensation will be reduced by the percentage of your fault.
Right of Way at Intersections: New York Vehicle and Traffic Law also states that at intersections without traffic control devices, drivers must yield the right-of-way to pedestrians.
Knowing these laws can significantly impact the success of your claim. It allows you to identify whether the driver, local municipality, or even you as the pedestrian, may have broken any laws, thereby affecting liability. For a more in-depth understanding of how these laws apply to your case, and for comprehensive legal support, consult The Orlow Firm. Our team of experienced Brooklyn pedestrian accident lawyers can guide you through the complexities of New York laws to secure the compensation you deserve. To discuss the specifics of your case, call (646) 647-3398 for a free case evaluation.
Statute of Limitations for New York Pedestrian Accident Cases
In New York, the statute of limitations for personal injury claims, including those arising from pedestrian accidents, is generally three years from the date of the accident. This means you have three years to initiate legal proceedings against the party or parties responsible for your injuries. Failing to file your claim within this timeframe could result in losing your right to seek compensation altogether. It’s crucial to be aware of this deadline, as courts are typically stringent about enforcing it.
There are some exceptions to the general three-year rule. For instance, if the victim is a minor, the statute of limitations does not start running until their 18th birthday, giving them until the age of 21 to file a claim. Additionally, if the defendant leaves the state after the accident but before the lawsuit can be filed, the time of their absence may not be counted against the three-year limit.
It’s also worth noting that if your claim is against a governmental entity, such as the City of New York, different rules apply. You must file a Notice of Claim within 90 days of the accident, and then you have one year and 90 days from the date of the accident to file the lawsuit.
Because the statute of limitations can vary based on several factors, it’s essential to consult with experienced Brooklyn pedestrian accident lawyers like The Orlow Firm as soon as possible after your accident. We can help you understand how the statute of limitations applies to your specific case and ensure that all necessary documents are filed promptly. Missing the deadline could cost you your right to recover any compensation, so don’t delay in seeking legal advice. To discuss the specifics of your case and start the legal process in a timely manner, call (646) 647-3398 for a free case evaluation.
Prevention Methods for Pedestrian Accidents in New York City
Preventing pedestrian accidents is a shared responsibility between drivers and pedestrians, and understanding how to minimize risk is crucial for everyone on the road. Pedestrians can take several measures to enhance their safety. Firstly, always use crosswalks and pedestrian signals where available. This not only increases your visibility but also gives you the legal right-of-way over vehicular traffic. Secondly, avoid distractions such as using a mobile phone or wearing headphones while crossing the street. Being alert and aware of your surroundings is vital for your safety. Wearing reflective or brightly colored clothing can also make you more visible to drivers, especially during nighttime or in low-light conditions.
Drivers also have a role to play in reducing pedestrian accidents. Observing speed limits, especially in school zones and heavily populated areas, can drastically reduce the chance of an accident. It’s essential to come to a full stop at stop signs and red lights and look carefully for pedestrians before proceeding. Additionally, always check for pedestrians when turning at intersections or entering and exiting driveways. Distracted driving is another significant cause of accidents, so putting away your phone and focusing on the road can go a long way in preventing mishaps.
Public awareness campaigns and community policing can also be effective prevention methods. These can help educate the public about the importance of road safety for both pedestrians and drivers, making the streets safer for everyone.
In sum, preventative measures involve a combination of following traffic laws, being alert and visible, and exercising common sense for both drivers and pedestrians. While it’s impossible to control the actions of others, taking these steps can significantly reduce your risk of being involved in a pedestrian accident. If you or a loved one has been a victim, The Orlow Firm’s experienced team of Brooklyn pedestrian accident lawyers can help you navigate the legal landscape to seek the compensation you deserve. For a free case evaluation, call (646) 647-3398 today.
Additional Resources for Brooklyn Pedestrian Accident Victims
Navigating the aftermath of a pedestrian accident can be overwhelming. To assist you in understanding your rights, legal options, and safety measures, we’ve compiled a list of relevant resources. We recommend that you consult these as part of your research but remember, for personalized legal advice tailored to your situation, call (646) 647-3398 for a free case evaluation.
- New York State Department of Motor Vehicles (DMV)
The DMV website provides comprehensive information on driving laws and pedestrian safety. It’s a valuable resource for understanding New York traffic laws that pertain to pedestrian accidents.
- New York City Department of Transportation (NYCDOT) – Vision Zero
The Vision Zero initiative aims to eliminate traffic deaths and injuries on New York City streets. The site provides educational materials and statistics that can help you understand the broader context of pedestrian safety.
- National Highway Traffic Safety Administration (NHTSA) – Pedestrian Safety
The NHTSA website has various articles, guidelines, and tips related to pedestrian safety at the national level.
- Insurance Information Institute (III) – Pedestrian Accidents and Insurance
The III website provides information on how insurance works in pedestrian accidents, especially in a no-fault state like New York.
- NYC Open Data – Motor Vehicle Collisions
The NYC Open Data platform allows you to explore detailed records of motor vehicle collisions, including pedestrian accidents, in New York City. This data can provide insight into the most hazardous locations for pedestrians.
- Local News Outlets
Websites such as ABC7NY and NY1 often report on local pedestrian accidents, providing case studies and valuable insights into what commonly goes wrong.
While these resources can offer a wealth of information, they are no substitute for professional legal counsel. For a comprehensive evaluation of your specific case, please don’t hesitate to call The Orlow Firm at (646) 647-3398 for a free case evaluation.
Frequently Asked Questions
What if I partly contributed to the accident?
New York follows the “pure comparative negligence” rule, meaning you can still recover damages even if you were partially at fault. However, your compensation may be reduced by your percentage of fault.
Do I have to go to court?
Not necessarily. Many pedestrian accident cases are settled out of court through negotiations. However, if a fair settlement isn’t reached, going to court may be the next step.
How much does it cost to hire The Orlow Firm?
We work on a contingency fee basis, meaning you don’t pay anything unless we win your case. Fees are then deducted from the settlement or award.
What is my case worth?
The value of your case depends on various factors such as the severity of your injuries, medical expenses, lost wages, and other damages. Each case is unique, and we offer a free case evaluation to give you an estimate.
How quickly should I contact a lawyer?
Time is of the essence. The sooner you contact a lawyer, the more effectively they can gather evidence, speak to witnesses, and build a strong case on your behalf.
How long does it take to resolve such cases?
The timeline for resolution varies depending on the complexity of the case and whether it goes to trial. Settlements can happen quickly, but court proceedings may extend the timeline.
For a comprehensive evaluation of your specific case and answers to any other questions you may have, please call The Orlow Firm at (646) 647-3398 for a free case evaluation.