Wandering the busy streets of NYC can be a lot of fun, but it comes with its share of risks. And the dangers lurk everywhere: impatient drivers suddenly speeding up at intersections, cars appearing from nowhere, and drivers failing to yield to pedestrians when turning into a road.
When the worst happens, and you or a family member is injured by a negligent driver, seeking legal recourse is essential. This article explores the leading causes of pedestrian accidents and outlines the steps you can take to protect yourself. You’ll also learn how a NYC pedestrian accident lawyer can help you pursue fair compensation.
How Common Are Pedestrian Accidents in NYC?
According to Transportation Alternatives, 253 individuals lost their lives in traffic accidents across New York City in 2024, averaging one fatality every 35 hours. Among those killed were 16 children under the age of 18 and 121 pedestrians.
Causes of Pedestrian Accidents
People are always on foot in New York City, but some neighborhoods and streets are more dangerous than others for those of us who walk. Times Square and Midtown Manhattan, with their dense foot traffic and distracted tourists, can be hotspots for accidents.
Here are common causes of accidents and who could be liable for your pedestrian accident injuries in NYC:
- Negligent Drivers. Pedestrian accidents may be caused by careless or reckless motor vehicle drivers. Common negligent behaviors include distracted driving, speeding, drunk driving, and failing to yield to pedestrians.
- Government Entities. Poor signage and defective traffic signals can contribute to pedestrian accidents. A government body responsible for your accident could be liable for your damages.
- Vehicle Manufacturers. If a defective car or car part caused your NYC pedestrian accident injuries, such as faulty brakes or a malfunctioning steering system, a manufacturer may be responsible for your injuries and financial losses.
Understanding Your Rights as a Pedestrian
NYC pedestrians have numerous rights designed to protect them from harm. When your rights are violated by a reckless driver or poorly maintained infrastructure, you can pursue compensation. However, understanding the legal intricacies of pedestrian accident claims is crucial.
Do You Have a NYC Pedestrian Accident Claim?
To have a valid claim, someone else must be responsible for your accident, such as a driver failing to yield at a crosswalk. Your settlement should cover everything from hospital bills to the paychecks you missed while recovering. While there’s no price tag for physical pain or the emotional toll of a serious accident, the law allows you to be compensated for these very real hardships.
In the worst cases, when families lose someone they love, they can pursue money to cover funeral costs and the loss of companionship. Although we all know no amount of compensation truly makes up for losing a loved one, recovering damages can help you deal with financial hardship during this challenging time.
The Timing of Your Lawsuit
Don’t risk losing out on the compensation you need and deserve. New York State imposes strict time limits for filing personal injury claims. You typically have three years from the date of the accident to initiate a lawsuit. Government-involved accidents have an even shorter filing timeline, as you’ll need to file a notice of claim within 90 days or risk losing your right to sue.
Establishing Negligence
Proving negligence involves gathering evidence, such as photographs of the scene, witness statements, and police reports to prove the driver’s negligence. New York follows a comparative negligence system, meaning that even if you have some fault for the accident, you can still recover compensation.
However, the total amount of damages awarded is usually reduced based on the pedestrian’s percentage of fault. For instance, if you’re 20% responsible for the accident, you could only recover 80% of your damages.
An NYC pedestrian accident lawyer can help you navigate your pedestrian accident claim, including determining the perfect timing for your lawsuit and proving negligence.
Common Pedestrian Injuries in NYC
Unlike people in cars, who have metal and airbags protecting them, pedestrians have nothing shielding their bodies from impact. That’s why even a minor collision can leave someone with serious injuries when they’re hit while walking. When a car strikes a pedestrian, injuries can include:
- Traumatic brain injuries (TBIs): TBIs can occur from head impacts during a collision. More severe TBIs may lead to long-term cognitive or physical impairments.
- Fractures and broken bones: Legs, arms, ribs, and hips can be particularly vulnerable in pedestrian accidents.
- Spinal cord injuries: Damage to the spinal cord is typically irreversible and can result in partial or complete paralysis.
- Internal injuries: While typically invisible from the outside, internal bleeding and organ damage can be life-threatening, requiring immediate medical intervention.
- Facial and dental injuries: Collisions with pedestrians can cause facial cuts, lacerations, and broken teeth.
And it’s not just broken bones. Getting hit while walking can cause emotional distress long after the bruises are gone. Many victims struggle with flashbacks or depression. Some even find themselves panicking every time they hear screeching tires.
Since pedestrian accidents can have detrimental impacts on your entire life, including your physical and emotional health, seeking legal advice is critical for getting justice. If you or a loved one were struck by a car, a NYC pedestrian accident lawyer can help you get fair compensation.
How to Protect Yourself as a Pedestrian in NYC
NYC traffic doesn’t forgive mistakes, so you’ve got to watch out for yourself. It’s best to stick to crosswalks and wait for the walk signal, even when you’re in a rush. Perhaps the most important tip is staying alert to potential hazards. Don’t bury your head in your phone or listen to loud music while crossing streets. At night, instead of wearing black or gray, consider wearing bright and reflective clothing so you’re more visible to drivers.
If the worst happens and you’re struck by a car, take immediate action. When injured, dial 911 or ask witnesses to call emergency services. Even if you only suffered minor injuries, promptly seek medical attention, as some issues may not be immediately apparent. And don’t forget to document the scene if you’re able: snap photos, gather witness details, and file a police report.
Reach out to an NYC pedestrian accident lawyer as soon as possible to explore your legal options, as you could be entitled to considerable damages.
Our NYC Pedestrian Accident Lawyers Are Here for You
Getting hit by a car or truck isn’t just physically painful; it’s also terrifying. But you don’t have to struggle with the aftermath of such a traumatic experience alone. At Berkowitz & Weitz Law, P.C., we understand your challenges and can guide you compassionately through every step of your claim. From assessing your case’s value to negotiating with insurers or fighting for you in court, we aim to secure the justice and compensation you deserve.
Known for achieving results for clients, including multi-million-dollar recoveries, our firm takes pride in standing up for NYC pedestrians. Reach out now for a free consultation to learn how we can help.