New York Pedestrian Accident Lawyers
Vehicles on the road need to be especially careful in areas where pedestrians are also present. Without any of the safety devices or physical protection of a car or truck, even a low-speed collision between a pedestrian and vehicle can produce serious injuries for the pedestrian. For this reason, motorists often assume liability for an injury to a pedestrian in a collision. This means that an injured pedestrian may be eligible to file a personal injury claim against the driver responsible for their injuries.
If you’ve been injured as a pedestrian because of a negligent or reckless motorist, we may be able to help you work through the process of filing a personal injury claim. Speak with our New York pedestrian accident attorneys of Hach & Rose, LLP, about how we may be able to fight to defend your rights and interests by calling (212) 779-0057.
Do I Need a Pedestrian Accident Attorney?
It can be terrifying to be a pedestrian who was injured by a motor vehicle. You should not have to endure this experience alone. The trauma can take a long time to resolve, and it is therefore necessary to hire a compassionate attorney who can thoroughly protect your rights in this type of case.
As a pedestrian injured in an accident with a motor vehicle, it may seem obvious that you are entitled to compensation. However, this type of case can be far more complicated than it first appears. In particular, the driver who hit you and their insurance company may try to pin the blame for the accident. An attorney with experience in pedestrian motor vehicle accidents can help you be as effective as possible at proving you were not at fault.
With the assistance of an experienced pedestrian accident attorney, you have a better chance of fully investigating the matter and making the most compelling case for the driver’s negligence. Lawyers understand the law and what will be required to make a successful claim. With a lawyer’s assistance, you are likely to receive far more in compensation than you would on your own.
Why Choose Hach & Rose, LLP to Handle My Case?
Based on the hard work of our attorneys, Hach & Rose, LLP has received many prestigious awards, including being named to Best Lawyers’ list of best law firms, being designated as one of the ten best law firms for client satisfaction by the American Institute of Personal Injury Lawyers, and being named as Distinguished Justice Advocates.
Hach & Rose, LLP has been assisting injured victims for many years, and it is our pledge to you that we will always strive to obtain the best results possible in your case. With over 100 years of combined experience, our knowledgeable attorneys are prepared to fight to help you obtain the compensation you deserve.
We take every case seriously in order to effectively and efficiently live up to our high goals of obtaining compensation and justice for our clients. We are dedicated to keeping your best interests our top priority. If you are worried about the cost of an attorney, it is important to know that we do not charge our clients any fees up front. We work on a contingency fee basis, meaning we cover the costs of your case ourselves and take a fraction of your final settlement as our fees at the end. This means that you can obtain quality legal representation risk-free, because in the unlikely event that we fail to secure any compensation for you, your representation is free.
Causes of Pedestrian Accidents
When a motorist loses control over their vehicle or doesn’t pay enough attention to others around them, they can seriously endanger pedestrians walking near or across the road. In particular, the following problems may threaten pedestrians:
- Drivers speeding through crosswalks
- Drivers running red lights or stop signs
- Drivers failing to notice a pedestrian due to a distraction, such as a mobile phone
- Drivers losing control over their vehicle due to a mechanical error
- Drivers losing control over their vehicle due to a road defect
If driver error is to blame for the accident, the motorist may be held legally liable. However, mechanical failures and road defects are often the responsibility of other parties.
Proving Negligence in a Pedestrian-Motor Vehicle Accident
You may be wondering what negligence is and why it matters in a pedestrian accident case. At a basic level, every driver on the road owes a duty to other drivers and pedestrians to operate their vehicle in a safe manner. Negligence occurs when a driver breaches that duty and causes injury to another person. Because of the basic duty that a driver owes to pedestrians, there are certain cases where it is clear that the driver breached the duty that they owed to the pedestrian. This is often the case in situations where a pedestrian crosses a street in a crosswalk when they have the right of way. Proving negligence can become trickier when a pedestrian is not in a crosswalk or does not have the right of way and is struck by a motor vehicle. In those cases, a pedestrian may still be successful in proving the driver was careless, but it may be more difficult to prove. Pedestrians also may be partly responsible for accidents where they suddenly dart in front of a moving vehicle.
Whatever situation your case involves, our attorneys will work with you to show that the manner in which the driver operated their vehicle caused your injuries. Your injury also must be more than a minor injury in order to make a lawsuit worthwhile. Therefore, if you had an older injury that you were already receiving treatment for, or other situations where it is not clear that the accident led to your injuries, it may be more difficult to recover compensation.
While the negligence of a driver who hits a pedestrian may be apparent in some situations, a knowledgeable attorney can assist you with evaluating your case and making sure that filing a lawsuit is the right choice for you. Sometimes an investigation and evaluation are necessary, including gathering police reports, medical records, and other evidence to confirm the value of your case. At Hach & Rose, LLP, we are prepared to use our resources to help you take the steps in your case that make sense in your specific situation.
Damages in a Pedestrian Accident Case
Pedestrian auto accidents can cause severe injuries, and sometimes even death. The medical expenses and bills for many types of treatment, including hospital bills, surgeries, doctor visits, and rehabilitation sessions, can add up quickly. Additionally, the mental and physical toll that the experience takes on you is exhausting. Filing a lawsuit against the responsible driver can help you recover such economic and non-economic losses and damages. You may be entitled to compensation for the following:
- Medical expenses, including assistive medical devices
- Pain and suffering, including physical pain and mental anguish
- Lost wages
- Reduced quality of life
- Funeral costs in the case of the death of a loved one
If another person acted carelessly and caused an accident with you as a pedestrian, do not hesitate to act to protect your rights. An attorney from Hach & Rose, LLP can assist you in pursuing the compensation you are entitled to after you have been injured through no fault of your own. While money alone cannot give you your life back, we will strive to help you come as close to being made whole again as possible.
Frequently Asked Questions About Pedestrian Accidents
Holding a negligent driver accountable after a pedestrian accident can be challenging. With the right legal team on your side, however, you could recover the compensation you need to pay the expenses you’ve incurred and move on with your life. To get this compensation, be sure to contact an experienced New York pedestrian accident lawyer like those at Hach & Rose, LLP. Read these FAQs below, and call us at (212) 779-0057 to talk to us about your case today.
If I jaywalked and was struck by a car can I still seek damages for my injuries?
New York is one of 13 pure comparative negligence states. Comparative negligence means that the court may recognize that both parties involved in an accident were at fault. Pure comparative negligence means that even if the plaintiff (person seeking compensation) was mostly responsible for their injuries, they can still seek damages. For example, if you jaywalked and got hit by a car and sustained $10,000 in damages and you were found to be 80% at fault while the river was only 20% at fault, you could still possibly recover $2000 in damages. An experienced lawyer can help you determine if you can seek damages even if you didn’t have the right of way.
If a car was pulling into or out of a driveway or alley across a sidewalk and hit me, who had the right of way?
Pedestrians have the right of way even when crossing an alley, private road, driveway or garage entrance. If you were hurt in a situation similar to this, you might be entitled to compensation for your injuries.
If I was hit on the highway, can I pursue damages?
Most of these accidents occur when an impaired or confused pedestrian enters the highway or a motorist exits their vehicle. Under New York law, pedestrians are not allowed on highways, including entrance and exit ramps. This means that there is often little legal recourse for people hit on the highway or their families. It still may be helpful to contact a lawyer if you or someone you know was hit on a highway since there may be limited circumstances where it is possible to sue.
If you or someone you love has been struck by a motor vehicle while crossing or standing near a road, the responsible driver or another party may be held accountable for their negligence. To learn more about these options and how compensation may help you cover your treatment costs, contact a New York pedestrian accident lawyer of Hach & Rose, LLP, at (212) 779-0057 today.