New York Pedestrian Accident Lawyer

Jeffrey Weiskopf, P.C. understands how pedestrian accidents can shatter lives and families across the state of New York. The impact is usually huge and life-changing if a pedestrian gets hit by a vehicle. We are committed to helping pedestrian accident victims and families who have lost a loved one due to a driver’s negligence to seek justice and compensation.

For many years, our law firm has handled wrongful death and personal injury cases and is here to help you through this difficult time. Call us today at 914-350-5175 to receive your free consultation.

Understanding New York Pedestrian Accident Laws

Pedestrian accidents involve a vehicle striking a person on foot, whether a car, truck, or other motorized transport. Pedestrian protections under New York law establish duties and responsibilities for drivers to ensure their safety. As such, drivers must yield to pedestrians within crosswalks and use due care while operating their vehicles at all times, especially in heavy pedestrian areas.

Even with these precautions, accidents still happen and can cause serious injury or death. A driver who is in breach of his or her duty of care to pedestrians—whether it is by excessive speed, driving distractedly, going through a red light, or several other negligent actions—is liable for the harm done through their negligence. A pedestrian accident claim isn’t just about getting compensated; it is about seeing that reckless driving is held accountable and, in so doing, reducing negligent driving in our communities.

Burden of Proof in Pedestrian Accident Claims

The burden of proof in pedestrian accident cases is always on the plaintiff, meaning that it is upon us to prove the driver’s negligence as the direct cause of the injuries or death. There are four basic elements: duty of care, breach of duty, causation, and damages.

First, we need to show that the driver had a duty of care towards the pedestrian. This is usually assumed in cases involving motor vehicles and pedestrians. Second, we will have to demonstrate that the driver breached such duty by acting negligently or recklessly. This can be done directly through proof of traffic violations, eyewitness testimony, or accident reconstruction reports.

Next, we will establish the causation between this breach and the pedestrian’s injury. Finally, we quantify the damages, which can include medical bills, lost wages, pain and suffering, and, in the case of wrongful death, loss of companionship and future earnings. All of the elements must be proven with a careful and strategic approach, and our team is committed to building the most solid possible case for our clients.

Kinds of Pedestrian Accidents and Injuries Sustained

Pedestrian accidents can occur in many ways, each having its unique set of problems. Some of the common types include crosswalk accidents where drivers don’t yield, intersection accidents where the turning vehicles don’t see the pedestrian, hit-and-run accidents, and accidents by impaired drivers. Whichever way it goes, pedestrians are always at a big disadvantage due to the lack of protection, so even a low-speed collision could be disastrous.

These may range in severity from broken bones and lacerations at the low end to traumatic brain injuries, spinal cord damage, or internal injuries at worst. In the worst cases, some even lose their lives. We work with medical experts to clearly understand how great your injuries are and that any claim we pursue appropriately accounts for the immediate and long-term effects of the accident.

Pedestrian Accident Lawsuit Process in New York

When you contact our law office for assistance with a pedestrian accident case, the first step will be through the free consultation that allows us to talk about your problem in detail. During the consultation, we will take all the necessary information related to the accident and answer all of your questions about the case, outlining your expectations of the entire process. From here, serious investigation shall be pursued by collecting evidence, including police reports, medical records, and witness statements, to back up the case.

When the evidence is sufficient for a claim, we will file a lawsuit in the New York State or Federal Courts. After filing the lawsuit, pre-trial procedures like mediation, discovery, and settlement negotiation ensue. Such steps allow us to resolve the case before going to trial; however, we are always ready and able to take the case to court if a fair settlement cannot be reached.

If the case does go to trial, we will present your case to a judge and jury, showing how the driver’s negligence caused your injuries or your loved one’s death. If the result of that trial is a verdict that one party or the other does not feel is appropriate, then we have experience handling the appeals process as well.

Filing a Wrongful Death Lawsuit After a Pedestrian Accident in New York

Should a pedestrian accident end tragically in death, certain family members or the representative of the estate of the deceased person can file for wrongful death. Based on the New York laws, this includes spouses, children, parents, or others dependent on the person who died. The action for wrongful death is filed for recovery of money for loss of support, companionship, and other damages from an untimely death.

If your pedestrian accident case involves a minor, it is treated differently. In many cases, a guardian ad litem will need to be appointed to represent the minor’s interests. We will walk you through this process and ensure that the claim is treated with the care and attention it deserves.

New York’s Statute of Limitations for Pedestrian Accident and Wrongful Death Claims

One has to hasten and act right after a pedestrian accident or wrongful death because New York imposes a strict statute of limitation on these cases. The general statute of limitation for a personal injury claim is three years from the date of the accident. For wrongful death, one needs to file the claim, in most instances, within two years from the date of death. Again, with some exceptions, like in the case of minors or an injury discovered later, these are general time limits.

If you fail to file within the above time frames, you can lose your right to compensation. For this reason, it is very important that you contact us as quickly as possible to preserve your rights.

Why Retain Jeffrey Weiskopf, P.C.

By retaining Jeffrey Weiskopf, P.C., you will have an aggressive and experienced team in your corner. Years of experience handling pedestrian accident and wrongful death cases give Jeffrey Weiskopf the expertise and fierce determination that is necessary to fight for you.

We are a client-centered approach, and so we will work hand in hand to ensure that you are at ease and updated on the proceeding in a best-suited manner to you all through the legal process. Everyone deserves access to high-quality legal representation, which is why we offer a free consultation and case evaluation.

Contact us today at 914-350-5175 to schedule your free consultation. We are located at 30 State St, Suite 2B, Ossining, NY, and our legal professionals are ready to help you move forward with your case.

New York Pedestrian Accident Lawsuit Frequently Asked Questions (FAQs)

What do I do if I am injured in a pedestrian accident in New York?

Following a pedestrian accident, your priority should be to care for your health and well-being. If you’re involved in an accident, you need to seek medical attention immediately; this is true even if you are under the impression that your injuries are minor since some symptoms do not manifest themselves until later. Call 911 to report the accident and ensure that a police report is filed. This will be very critical evidence if you ever end up going the legal route. If you can, get information at the scene:

• the driver’s name and contact information
• his insurance information
• contact info for any witnesses

Take pictures of the scene and your injuries, as well as damage done to your personal property.

After addressing any immediate medical needs, make sure that you speak with an experienced pedestrian accident attorney as soon as possible. We can work to preserve your evidence, handle communications with insurance companies on your behalf, and make sure your rights are fully protected at each step along the way.

How is liability determined in a pedestrian accident case?

In most pedestrian accident cases, liability is established by showing that the driver’s actions were negligent and that such negligence was a direct cause of the accident and your injuries. The more common forms of negligence include failing to yield to a pedestrian at a crosswalk, distracted driving, excessive speed, and driving under the influence of alcohol or drugs.

Under New York law, liability may also be shared by the parties. Even in cases of partial fault, for instance, crossing the road outside a crosswalk, one is entitled to recover compensation. New York follows the “comparative negligence” rule under which the pedestrian’s compensation will be reduced based on their percentage of fault. Our firm has immense experience in investigating all facts in every case to assess liability and ensure that you receive the maximum compensation allowed by New York law.

How much compensation can I get in a pedestrian accident lawsuit?

You may be awarded several types of damages for being involved in a pedestrian accident, including:

1. Medical Expenses: This includes not only your hospital bills, surgeries, and medication but also your rehabilitation and other medical expenses that you may have in the future due to the injury.
2. Lost Wages: If your injuries prevent you from returning to work, then you can recover compensation for lost wages while you convalesce. In addition, if your injuries are permanent in nature and therefore cause permanent disability, you can recover lost future earnings.
3. Pain and Suffering: Other non-economic damages recoverable include physical pain, emotional distress, and loss of enjoyment of life.
4. Property Damage: Any personal property you can claim that was damaged in the accident, such as your smartphone, bicycle, etc., can be reimbursed by repair or replacement.
5. Punitive Damages: These are awarded in extraordinary cases of negligence on the part of the driver.

If a wrongful death has occurred due to the pedestrian accident, there are added damages related to loss of companionship, funeral expenses, and a loss of financial support available for the victim’s family.

Who can file a claim for wrongful death after being in an accident as a pedestrian in New York?

A wrongful death action in New York is usually brought forth by the personal representative of the deceased’s estate, acting on behalf of all the surviving family members. Typically, the eligible next of kin is a spouse, children, parents, and other dependents who are sometimes more financially dependent on the victim.

On the other hand, such a claim may be filed for monetary and non-monetary damages sustained by a family, from funeral expenses and medical bills to lost wages and from emotional suffering and loss of companionship by surviving family members. Our firm can guide you through the process of filing a wrongful death claim to ensure that all eligible family members receive the compensation they are entitled to.

How much time have I had to file a pedestrian accident or wrongful death lawsuit in New York?

The statute of limitations in New York for filing pedestrian accident injury claims is typically three years from the date of the accident. This means that you have a window of three years during which you can file your lawsuit to seek compensation for damages. Wrongful death actions are subject to a two-year statute of limitations, which runs from the date of death of the decedent.

In some instances, though, the time limits are adjusted, for instance, where children are involved or where it is not immediately clear that injuries or death have taken place, and immediate consultation with a lawyer is vital to ensure that your claim is on time. Otherwise, you will forfeit all rights to seek compensation.

Will I need to hire an attorney to work on my pedestrian accident case, or will the insurance company treat me fairly?

While technically, a victim can handle a pedestrian accident claim alone, that is very risky and may even lead to receiving significantly lower compensation than one deserves. Insurance companies dispute liability or downplay the severity of your injuries to ward off hefty payouts. With legal representation, you can go through New York’s complex laws, gather all the evidence, and negotiate with the insurance company involved in any looming dispute.

You can focus on recovering while we handle all the legal aspects of your case. Our law firm will oversee the gathering of evidence, work with medical professionals, negotiate with insurance companies, and, where necessary, bring a case to trial to ensure that you receive the maximum amount of compensation available. We strongly believe that an informed attorney by your side is very crucial to successfully arriving at an outcome for your pedestrian accident claim.