The most important question to ask in the wake of a pedestrian accident is whether or not the driver of the automobile is at fault for the accident. While pedestrians are sometimes responsible for causing accidents through actions such as jaywalking, it is frequently a driver’s actions that are the real cause of a collision. In fact, the New York State Department of Motor Vehicles reports that driver inattention is the cause of 21.3 percent of all pedestrian accidents, while failure to yield to the right of way accounts for 16.6 percent of accidents.
If it can be proven the driver was texting while driving, attempted to turn while the walk signal was lit or was otherwise negligent, you may be entitled to recover financial compensation for your medical expenses, lost income, and pain and suffering. Complete our free consultation form to speak with a New York pedestrian accident lawyer today.
New York Pedestrian Accident Statistics
Residents of New York City travel by foot more than people in many other places in the country, and the city government is serious about ensuring the safety of pedestrians. According to The New York City Pedestrian Safety Study & Action Plan, published by the NYC Department of Transportation, “Our city is among the safest in the country for pedestrians, as we have less than half the number of fatal pedestrian accidents as in the next ten largest cities nationwide.” With the emergence of many New York safety initiatives, pedestrian injuries have seen a slight decrease over the past few years, however, thousands of pedestrians are still injured each year in New York City.
Drivers’ Duty Of Care
It is generally assumed any driver who is operating a vehicle around another pedestrian will do so with reasonable care given the nature of his or her surroundings. In fact, a driver’s failure to use reasonable care in this type of situation is classified as negligence and can be legally punished as such. Driver negligence can include:
- Failure to signal while turning or changing lanes
- Failure to yield the right of way to pedestrians
- Driving under the influence of drugs or alcohol
- Disobeying traffic signs and signals
- Disregard of weather conditions
- Disregard of traffic patterns
Drivers have an additional special duty of care that must be paid to children between the ages of five and nine. Because children in this age group are the most at risk of being hit by a motor vehicle on the road, a special set of precautions must be applied when operating a vehicle around children of this age.
Any automobile driver who is operating his or her vehicle around young children will be expected to exercise a greater precaution of care when doing so. School zones and residential districts are among the most common areas in which this type of special duty of care must be exercised.
Were You Injured In A Pedestrian Accident In NYC?
In the immediate aftermath of a pedestrian accident in New York City, a very specific set of actions should be taken in order to ensure that your safety and well-being are protected. The sooner you act, the better chance you stand of receiving compensation for your injuries, which makes it important to act quickly. Working with a New York pedestrian accident lawyer at our firm could be extremely beneficial to your case.
So as not to be blamed for the accident, you should contact your local law enforcement agency immediately following the accident. You should not leave the scene of the accident until help has arrived, nor should anyone else involved. At this time, it would also be wise to collect personal information from the other persons involved in the accident, including names and phone numbers.
As the victim of a pedestrian accident you could be at risk of being blamed for the incident, claims of which can include pedestrian negligence. In order to best protect your rights as a victim at this time, it is critical that you involve an experienced NYC pedestrian accident lawyer from our firm as soon as possible. During the free evaluation of your case, we can learn more about the details involved and work toward determining the best course of action to be made on your behalf. We represent injured pedestrians as well as family members in fatal pedestrian accident cases.
Contact A New York City Pedestrian Accident Lawyer Today, Call 212-804-7375
When a pedestrian accident occurs, the results can be highly dangerous. Studies report a pedestrian is 10 times more likely to die in a crash than is a car driver or passenger. Manhattan is the most dangerous of the five boroughs, with four times as many pedestrian accidents. Of those killed in such accidents, 43 percent lived outside of Manhattan. Programs such as implementing more 20 mph zones and installing more than 1,500 new countdown pedestrian crossing signals are intended to increase safety for those traveling on foot throughout the city.
A New York City pedestrian accident lawyer from The Law Office of Richard M. Kenny is ready to meet with you for a free consultation, where you can learn whether you have grounds for a personal injury claim and determine how much you could receive in an insurance settlement or jury verdict. We have more than five decades of combined experience, and with a track record of more than $100 million recovered for our clients, we know how to get results. Let us put our skill and dedication to work for you – call or email us today!