Brooklyn Pedestrian Accident Lawyers
Most of Brooklyn, such as Bedford Stuyvesant, Bushwick and Sunset Park, is perfect for walking. Unfortunately, a borough designed for walking also means a higher number of pedestrian accidents. If you were a victim of a negligent driver, your life is now divided into the before and after of a serious accident.
Before, you were able to work, care for your family, and participate in normal activities. After getting hit by a car, you may not have the ability to do these things for the immediate future and may not ever again.
The New York City pedestrian accident lawyers at Douglas and London holds those responsible for your accident accountable and will help you receive the maximum compensation for your injuries. We conduct a thorough investigation to ensure that all parties who may have contributed to the accident are held liable.
A pedestrian accident can happen anywhere. Still, such collisions are more likely to occur at night, when visibility is poor, or when inclement weather also affects visibility. Anyone walking at night should wear reflective clothing to protect themselves.
Most pedestrian accidents are due to either distracted driving or the motorist’s failure to yield to the pedestrians who always have the right of the way. However, some drivers ignore or forget that fact. Such accidents also occur due to driving while under the influence, speeding, and just plain recklessness.
Other Accident Causes
In some of these accidents, parties besides the driver share fault. This may occur if the vehicle or its parts are defective, resulting in the driver losing control of the car. In these situations, the manufacturer, dealer, and repair facility may hold some liability.
Defective traffic devices are another case of pedestrian accidents. If traffic signals or crosswalk indicators malfunction, the risk for everyone increases considerably.
Pedestrian Accident Injuries
Those who survive pedestrian accidents are fortunate, as many do not. In New York City, approximately 50 percent of traffic fatalities involve pedestrians. Serious and catastrophic injuries commonly suffered by pedestrians include:
- Internal bleeding or organ damage
- Multiple fractures
- Traumatic brain injury
- Based on the advice of medical and economic experts, a settlement amount can vary widely. Our attorneys know the fair value of a settlement for the individual client, and speaking with a pedestrian accident settlement lawyer is highly advisable. While most pedestrian accident claims are settled with the insurance company, we will litigate the case if the insurer does not offer a reasonable settlement amount.
Comparative Negligence in Pedestrian Accident Cases
New York is a comparative negligence jurisdiction, meaning that the court will examine the amount of fault that each party has for an injury, including the injured party, and the damages will be apportioned accordingly. For example, if a court determined that a car was speeding and struck a pedestrian who crossed against the light, the court may find that the individual was 60% at fault, while the speeding car was 40% at fault. When damages are assessed, this will lead to the pedestrian receiving 40% of their damages, meaning that a case with these facts that ended in a finding of $100,000 of damages will lead the plaintiff to recover $40,000.
Because of this apportionment, even a pedestrian who is mostly responsible for their injury can still collect some compensation. This can be a complicated matter, and we suggest speaking with one of our Brooklyn personal injury attorneys regarding it.
Statute of Limitations for Pedestrian Accident Claims
A statute of limitations is the maximum amount of time that parties involved in a legal dispute have to file legal proceedings. While statutes of limitations will have different starting points for different causes of action, such as when an injury is discovered or when it should have been, in the case of pedestrian accidents it starts running from the date of the accident.
For pedestrian accidents that involve private parties, under New York law, you have up to three years from the date of the accident to file a lawsuit. This time period is shortened to two years for an estate to file a wrongful death lawsuit if it involves a fatality. If a government entity owned the vehicle involved in the accident, a notice of claim will need to be filed within ninety days, and a lawsuit must be filed within one year.
Because of these limitations, we recommend speaking with a Brooklyn pedestrian accident lawyer who has expertise in your case without delay.
Seeking Medical Care
After an accident, seeking medical care should be a top priority. Delaying medical diagnosis and treatment can result in the worsening of medical conditions. Looking to your legal case, it is also important to get your injuries documented by a medical expert.
If you are having difficulty finding medical care, you can look for free or low-cost clinics in your area should you be unable to afford medical attention. Additionally, you can talk with the office manager of a medical facility about payment plans, or talk with an attorney who may be able to help advocate on your behalf to help get you free or low-cost medical care from a provider that they are familiar with.
Contact our team of Brooklyn Pedestrian Accident Lawyers
If you are hit by a car in Brooklyn, the negligent or reckless actions of a driver have upended your life. The experienced New York pedestrian accident lawyers at Douglas and London will negotiate with an insurance company on your behalf so that you can focus on recovering. Schedule a free consultation by submitting our online form or calling or texting 24/7.
After evaluating your case, we will advise you of your options. Our attorneys have recovered more than $4 billion in compensation for clients. Because we work on a contingency basis, you pay no fee unless we win. Hablamos Español.