Queens Pedestrian Accident Lawyers

Key Takeaways:

• Pedestrian accidents can lead to severe injuries and complications.
• The Orlow Firm specializes in maximizing your pedestrian accident case in Queens, New York City.
• Identifying liable parties and applicable laws is essential for a successful case.
• Call (646) 647-3398 For A Free Case Evaluation

How The Orlow Firm Maximizes Your Pedestrian Accident Case

Expert Legal Guidance: At The Orlow Firm, we bring years of experience in pedestrian accident cases in Queens and throughout New York City. From the moment you walk through our doors, our attorneys provide expert legal advice tailored to the intricacies of your specific case. This expert guidance can be the difference between a failed claim and a maximized settlement.

Investigative Resources: The Orlow Firm has access to top-notch investigative resources, including accident reconstruction experts, medical specialists, and more. We meticulously gather evidence, speak to witnesses, and analyze medical reports to build a compelling case in your favor.

Aggressive Negotiation: Insurance companies often aim to minimize their payouts. Our attorneys are skilled negotiators who won’t settle for less than you deserve. We aggressively represent your interests, ensuring you get the maximum compensation possible for your injuries, medical bills, lost wages, and emotional distress.

Trial-Ready Representation: While we strive to settle your case outside of court, we are always prepared to go to trial. Our trial-ready mindset ensures that we build your case with the courtroom in mind, giving you the strongest possible position whether we settle or go to court.

Contingency Fee Basis: Financial constraints should never prevent you from seeking justice. We work on a contingency fee basis, which means you don’t pay unless we win your case. This allows you to focus on your recovery while we focus on maximizing your compensation.

Comprehensive Damage Assessment: To ensure that you are adequately compensated, we conduct a comprehensive assessment of all the damages you’ve incurred. This includes medical expenses, rehabilitation costs, loss of earning capacity, emotional suffering, and other damages specific to your case.

Regular Updates: Communication is key to a successful attorney-client relationship. We keep you updated at every stage of your case, ensuring you’re always informed and involved in the decision-making process.

Local Queens Expertise: As New York City residents ourselves, we understand the unique challenges and laws specific to Queens. This localized knowledge allows us to provide specialized, effective representation that understands the intricacies of the Queens legal landscape.

Client-Centric Approach: At The Orlow Firm, you are more than just a case number. We take the time to understand you, your challenges, and your goals. Our client-centric approach ensures that we fight for the justice you deserve, not just a quick settlement.

Accessibility: We pride ourselves on being accessible to our clients. Anytime you have a question or need an update on your case, our team is just a phone call away. Call (646) 647-3398 anytime to speak with one of our Queens pedestrian accident attorneys.

With The Orlow Firm by your side, you don’t have to navigate the complex legal maze alone. We are committed to maximizing your pedestrian accident case in Queens, ensuring that you get the justice and compensation you deserve. Call (646) 647-3398 For A Free Case Evaluation.

What Pedestrian Accident Victims Can Be Compensated for in New York

In pedestrian accidents, the range of damages one can suffer is extensive. Understanding what you can be compensated for is crucial in maximizing your case. Below are the types of damages, both economic and non-economic, that victims of pedestrian accidents in Queens can claim.

Economic Damages:

Medical Expenses: These are often the most immediate and substantial costs involved in a pedestrian accident. Compensation can cover emergency room visits, hospital stays, surgeries, medications, medical equipment, and ongoing treatments or therapies.

Lost Wages: If you’re unable to work due to your injuries, you can be compensated for the income you’ve lost during your recovery period. This also extends to reduced earning capacity if you’re unable to return to your previous job or work as many hours as before.

Property Damage: If any of your personal property, such as a phone or laptop, was damaged in the accident, you may be compensated for the value of these items.

Rehabilitation Costs: Ongoing physical and occupational therapy can be costly but are essential for a full recovery. You can claim these costs in your compensation package.

Long-term Care: In severe cases where injuries lead to permanent disability, the costs for long-term care or in-home assistance can be claimed.

Non-Economic Damages:

Pain and Suffering: This includes compensation for the physical pain and emotional distress you’ve endured as a result of the accident. Calculating these damages can be complex and often requires expert testimony.

Emotional Distress: The psychological impact of a pedestrian accident can be significant. Damages for emotional distress cover mental suffering, anxiety, and trauma that you’ve experienced.

Loss of Enjoyment: If your injuries have led to a decreased ability to enjoy life or participate in activities that were once important to you, you can be compensated for this loss.

Loss of Consortium: Serious injuries can have a profound impact on your relationship with your spouse. Loss of consortium compensates you for the loss of companionship and intimate relations.

Punitive Damages: In cases where the defendant’s conduct was particularly egregious or malicious, punitive damages may be awarded as a form of punishment and to deter future misconduct.

To ensure that you get the maximum compensation for all applicable economic and non-economic damages, it’s critical to have an experienced Queens pedestrian accident attorney on your side. Call (646) 647-3398 For A Free Case Evaluation to discuss your case and the types of damages that may apply to your situation.

Who’s Legally Liable in Queens, NY Pedestrian Accidents

Determining who is legally responsible for a pedestrian accident in Queens can be a complex process that often involves multiple parties. At its core, liability generally hinges on the legal principle of “negligence,” which means that the responsible party failed to exercise reasonable care under the circumstances.

In many cases, the driver of the vehicle that hit the pedestrian is at fault. The driver may have been speeding, distracted, under the influence, or simply not paying attention to the road. In such cases, their insurance company is typically the one that will be held financially responsible for the victim’s damages.

However, it’s not always as straightforward as pointing fingers at the driver. There can be other parties who share in the liability. For instance, if the accident happened at an intersection with a malfunctioning traffic light, the city or municipality may also be held accountable for not maintaining the signals correctly.

Additionally, other external factors may contribute to the accident. Poor road conditions like uneven pavement or a lack of adequate signage could mean the local government is partly responsible. Businesses that obstruct sidewalks, forcing pedestrians into the street, could also be held liable.

In some cases, the pedestrian themselves may share some portion of the blame, such as crossing the road against a red light or walking outside of a designated crosswalk. New York operates under a “comparative negligence” system, which means that even if you are partly at fault, you can still recover damages, although your compensation might be reduced by the percentage of your fault.

Finally, in hit-and-run situations or instances where the driver is uninsured, your own insurance may cover your damages under an uninsured or underinsured motorist policy.

Determining liability can involve an intricate examination of accident reports, eyewitness testimonies, and expert opinions. It’s a multifaceted procedure best undertaken with professional legal assistance. That’s why it’s crucial to consult with a skilled Queens pedestrian accident attorney who understands the nuances of New York law and can identify all potential avenues for compensation. Call (646) 647-3398 For A Free Case Evaluation to discuss the specifics of your case and understand who may be held legally responsible.

Common Types of Injuries in Pedestrian Accidents

Common Types of Pedestrian Accidents in Queens, NY

When it comes to pedestrian accidents in Queens, the scenarios under which they occur can vary widely. Understanding these common situations can help you take precautionary measures and can also be valuable in establishing liability in the event of an accident.

Intersections and Crosswalks: Many pedestrian accidents occur at intersections and crosswalks where drivers may be making turns or running red lights. Sometimes, drivers may not see pedestrians due to poor visibility or distractions.

Parking Lots: Surprisingly, parking lots are common places for pedestrian accidents. Drivers may be focused on finding a parking spot and overlook pedestrians walking to or from their cars.

School Zones: These areas are particularly hazardous during pick-up and drop-off times. Children are especially vulnerable, as they might not be fully aware of their surroundings and road safety rules.

Public Transportation Stops: Areas near bus stops or subway entrances can be hotspots for pedestrian accidents, particularly when individuals rush to catch a vehicle and don’t pay adequate attention to oncoming traffic.

Residential Streets: Lower speeds don’t necessarily mean lower risk. In residential areas, drivers may feel a false sense of security and not expect pedestrians, leading to accidents.

Nighttime Conditions: Reduced visibility during nighttime can make it difficult for drivers to spot pedestrians, increasing the risk of accidents.

Alcohol or Drug Impairment: Both drivers and pedestrians under the influence of alcohol or drugs have decreased reaction times and impaired judgment, making accidents more likely.

Hit and Run: Sadly, some drivers flee the scene after hitting a pedestrian, making these cases particularly challenging when it comes to claiming compensation.

Understanding the types of scenarios under which pedestrian accidents commonly occur can help you take preventive measures. However, if you find yourself a victim in any of these situations, having an experienced Queens pedestrian accident attorney by your side can make a significant difference in securing the compensation you deserve for your injuries. Call (646) 647-3398 For A Free Case Evaluation to discuss the specifics of your case.

Relevant Laws for Pedestrian Accidents in New York

Navigating the legal landscape following a pedestrian accident in Queens requires a thorough understanding of the relevant New York State and municipal laws that apply. These laws govern the rights and responsibilities of both drivers and pedestrians and can significantly influence the outcome of your case.

Vehicle and Traffic Law Article 27 – Right of Way: One of the most pertinent sections of New York’s Vehicle and Traffic Law, Article 27 lays down the rules for who has the right of way in different traffic situations, including when a pedestrian is crossing the road.

Section 1151 – Pedestrians’ right of way in crosswalks: This New York State law specifically outlines the obligations of drivers to yield to pedestrians in crosswalks. Violation of this law can serve as substantial evidence of driver negligence.

Section 1152 – Crossing at other than crosswalks: This law states that if a pedestrian crosses the road at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection, they should yield the right-of-way to all vehicles.

New York’s No-Fault Insurance Laws: New York is a no-fault state, meaning that individuals injured in a pedestrian accident can claim compensation for medical bills and lost wages from their own insurance company, regardless of who was at fault.

Local Traffic Ordinances: Besides state laws, local traffic ordinances in Queens can also be relevant to a pedestrian accident case. These can include speed limits in certain zones, restrictions on turning, and rules for stopping or yielding.

Comparative Negligence Laws: New York follows the doctrine of comparative negligence, meaning that even if you are partially at fault for the accident, you can still recover damages. However, your compensation will be reduced by the percentage of your fault.

Knowing the relevant laws can not only aid in building a solid case but also help you understand your rights and liabilities. Consulting an experienced Queens pedestrian accident attorney is crucial to interpreting these laws in the context of your specific case. Call (646) 647-3398 For A Free Case Evaluation to get personalized legal advice tailored to your situation.

Statute of Limitations for Pedestrian Accidents in New York

Understanding the statute of limitations is crucial when pursuing a personal injury claim for a pedestrian accident in Queens, New York. The statute of limitations is a law that sets the maximum amount of time you have to initiate legal proceedings from the date of your accident. In New York, the statute of limitations for personal injury cases, including pedestrian accidents, is generally three years. This means you have three years from the date of the accident to file a lawsuit against the party or parties you believe are responsible for your injuries.

While three years may seem like ample time, it’s important not to delay. Gathering evidence, speaking with witnesses, and consulting with experienced Queens pedestrian accident attorneys can take considerable time. The sooner you start the process, the fresher the evidence and the memories of the witnesses will be, which can significantly strengthen your case. Additionally, certain circumstances may affect the standard three-year timeline. For instance, if the victim is a minor, the statute of limitations may not start running until the victim reaches the age of 18. In cases against a government entity, you may be required to file a Notice of Claim much sooner, sometimes within 90 days of the incident.

Moreover, if you fail to file within the designated time frame, you may lose your right to seek any compensation for your injuries, medical bills, lost wages, and other damages you may have incurred. Therefore, it’s essential to consult with a legal professional as soon as possible after your accident to ensure that you are within your legal rights to make a claim. Call (646) 647-3398 For A Free Case Evaluation to discuss your case and make sure you are taking the appropriate steps within the required time limits.

Prevention Methods for Pedestrian Accidents in Queens

While our focus at The Orlow Firm is on helping victims recover from pedestrian accidents, we also believe in the importance of prevention. Understanding and practicing safe habits can significantly reduce the risk of being involved in a pedestrian accident in Queens. Both pedestrians and drivers have roles to play in maintaining safety on the road.

For pedestrians, it starts with being aware of your surroundings. Always use crosswalks and pedestrian signals where available. Avoid crossing streets or walking on roads while using headphones or mobile devices, as these can be major distractions. Making eye contact with drivers before crossing, even when you have the right-of-way, can provide an extra layer of security. It’s crucial to be extra vigilant in poor weather conditions, at night, or in areas where the lighting is insufficient.

Drivers, on the other hand, have a duty to be watchful for pedestrians at all times, but especially when approaching intersections and crosswalks. Observing speed limits, yielding right-of-way to pedestrians, and avoiding distractions like texting while driving are foundational to road safety. It’s also essential for drivers to adapt their driving style to weather conditions, and to be particularly cautious when visibility is low.

Even the most cautious individuals cannot entirely eliminate the risk of accidents, but these preventive measures can go a long way in reducing that risk. By being aware and adopting safe practices, both pedestrians and drivers can contribute to a safer road environment in Queens. If despite all precautions, you find yourself involved in a pedestrian accident, legal remedies are available. Call (646) 647-3398 For A Free Case Evaluation to explore your options and secure the compensation you deserve.

Additional Resources for Pedestrian Accident Victims

For further information and support related to pedestrian accidents in Queens, the following resources can be helpful. These resources are aimed at providing general education and awareness, and should not replace legal advice from qualified professionals. For a tailored approach to your specific situation, Call (646) 647-3398 For A Free Case Evaluation.

• New York State Vehicle and Traffic Law: An online version of the New York State Vehicle and Traffic Law can provide insights into the rules and regulations governing pedestrian right-of-ways and responsibilities of drivers. Read the Law
• National Highway Traffic Safety Administration (NHTSA) – Pedestrian Safety: NHTSA provides various resources, including safety tips and educational materials, to help prevent pedestrian accidents. Visit NHTSA Pedestrian Safety
• Vision Zero – NYC: Vision Zero is a strategy aimed at eliminating all traffic fatalities and severe injuries in New York City. The website contains safety tips, educational material, and updates on safety initiatives in NYC. Visit Vision Zero

Remember, these resources are meant to complement, not replace, legal advice. For personalized assistance, Call (646) 647-3398 For A Free Case Evaluation.

Frequently Asked Questions

What if I partly contributed to the accident?
New York follows a comparative negligence rule, which means you can still recover damages even if you were partially at fault. However, your compensation may be reduced by the percentage of your fault.

What is my case worth?
The value of a pedestrian accident case can vary greatly depending on factors such as the severity of your injuries, medical bills, and other economic and non-economic damages. To get an accurate assessment, Call (646) 647-3398 For A Free Case Evaluation.

How much does it cost to hire The Orlow Firm?
The Orlow Firm generally works on a contingency fee basis, meaning you only pay if we win your case. This allows you to pursue your case without worrying about upfront legal fees.

How long does it take to resolve such cases?
The timeline for resolving pedestrian accident cases can differ widely. Factors like the complexity of the case, the willingness of parties to settle, and court schedules can influence the duration.

Do I have to go to court?
Not necessarily. Many pedestrian accident cases in Queens are settled out of court. However, if a fair settlement cannot be reached, going to court might be necessary to get the compensation you deserve.

How quickly should I contact a lawyer?
It’s advisable to contact a lawyer as soon as possible after the accident. Prompt legal advice can help preserve crucial evidence and guide you through the complexities of New York pedestrian accident law.

If you have more questions or need personalized guidance, Call (646) 647-3398 For A Free Case Evaluation.

Why Choose The Orlow Firm?