Walking is one of the primary ways of getting around New York City. It can be very dangerous, and when drivers don’t follow the rules, the results can be deadly. While pedestrian deaths fell to a record low in New York City last year, there were still 101 pedestrians killed in crashes. Accidents involving vehicles and pedestrians often cause severe injuries including fractures, head injuries, and spinal cord injuries because a human body doesn’t stand a chance against a two-ton passenger vehicle.
Causes of Pedestrian Accidents
Under New York Vehicle and Traffic Law section 1146, drivers must exercise due care around pedestrians. When a pedestrian is injured in an accident, there is usually some negligence on the part of the driver. Some common negligent actions by drivers include:
- Talking or texting while driving
- Missing signal lights or not paying attention to signs.
- Failing to yield the right of way
- Drunk or impaired driving
Pedestrian Accidents and Compensation
When a pedestrian is struck by a motor vehicle, that person is automatically covered by No-Fault car insurance benefits. These benefits cover economic losses such as medical costs and some lost wages. No-Fault claims must be filed in a timely manner, so it is important to act quickly. If the driver of the vehicle who struck the pedestrian flees the scene, the pedestrian may be able to recover from the Motor Vehicle Accident Indemnification Corporation.
If a pedestrian sustains a serious injury, he or she may be able to file a negligence claim against the driver. In a negligence claim, the pedestrian can recover damages for pain and suffering as well as compensation for all economic damages including lost wages and past and future medical expenses. In these cases, negligence on the part of the driver and the existence of serious injury will have to be proven.
Sometimes there is not much a pedestrian can do when faced with a reckless driver, but there are steps you can take to stay safe:
- Always cross at crosswalks
- Never cross against the light
- Always check for turning vehicle even if you have the right of way
- Stay alert, avoid texting and walking especially when approaching an intersection
- Stay on the sidewalk and do not walk along the road
Contact an Experienced Attorney
If you are a pedestrian who was seriously injured in an accident, you should have an attorney evaluate your case. At Bonina & Bonina, P.C., we have over 50 years of experience helping injured New Yorkers. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.