Manhattan Pedestrian Accident Lawyers
Manhattan is a city famous for its walkability. Unfortunately, the flip side is that pedestrian accidents are quite common. Of all five boroughs, Manhattan has the highest number of these accidents—which can change your life forever.
The majority occur because a driver failed to yield to someone walking or running, or the driver was distracted. In those milliseconds before impact, life as you had known it– was over. Now, you must cope with recovering from serious injury while worrying about how you will pay your bills or support your family. Do not despair because help is available.
The New York City pedestrian accident lawyers at Douglas and London will negotiate aggressively with the negligent driver’s insurance company so that you may receive the maximum compensation for your injuries.
Pedestrian Accidents in Manhattan
Distracted driving and failure to yield are not the only causes of pedestrian accidents. Other reasons for pedestrian accidents include:
- Driving under the influence
- Lane changing
- Poor visibility
- Slippery road or sidewalks
Many pedestrian crashes prove deadly, but those hit by speeding vehicles are most likely to die. The speed limit in Manhattan is 25 miles per hour, and it was specifically lowered in 2014 by 5 mph to protect pedestrians. At 25 mph, drivers have more opportunity to see pedestrians and avoid striking them. Of course, this law is widely flouted, and pedestrians sometimes pay the price with their lives.
Pedestrian Accident Damages
While New York is a no-fault insurance state, many injuries are severe enough that they fall outside of the no-fault limitations. Damages or compensation may include:
- Medical bills, present, and future
- Rehabilitation expenses
- Lost wages
- Future lost earnings
- Pain and suffering
A victim with permanent injuries may receive compensation for special equipment, home and vehicle modifications, and caregiving services. Much will depend on the specific aspects of the case.
A pedestrian accident lawyer knows that insurance companies do not like to take cases to court. However, some insurance carriers will not agree to a reasonable settlement. In these instances, the case may end up in court. We will thoroughly prepare our clients for trial.
What if I was Partially Responsible for the Accident?
In many pedestrian accidents, the driver is solely at-fault for the crash. However, there are some instances where the pedestrian may have shared some responsibility. For example, the driver may have been speeding and texting, but the pedestrian may have been jogging at night without wearing reflective clothing. Our Manhattan personal injury attorneys at Douglas and London often field calls from pedestrian accident victims. They are concerned that they may be ineligible to file a personal injury claim because they were partially responsible.
Fortunately, New York is a pure comparative negligence state. This means that you can still recover financial compensation if you were less than 100 percent at fault. Your total damages will be reduced in proportion to your share of the responsibility. For example, if you sustained $1 million worth of damages and were found to have been 10 percent responsible for the accident, you would still receive $900,000.
Wrongful Death Lawsuits
Many pedestrian accident victims die at the scene or succumb to their injuries later. Family members may file a wrongful death lawsuit against the at-fault driver and any other entities involved in the collision. Wrongful death lawsuits require filing within two years of the death date.
Statute of Limitations for Pedestrian Accidents
If you or a loved one has been a victim of a pedestrian accident, it is essential to note that there are strict legal deadlines. Failure to meet them may result in you forfeiting your legal rights to this claim. However, there are some exceptions, and an experienced pedestrian accident lawyer in Manhattan can explain those to you.
In general, if your accident were caused by a privately owned vehicle, you would have three years to file a personal injury lawsuit. If your loved one was killed in a pedestrian accident, you have two years from the date of their death to file a wrongful death claim. If it was a government vehicle that caused the accident, you have only 90 days to file a notice of claim and 15 months to file a personal injury lawsuit.
Please note– even if it seems like you have time to meet these deadlines, it is always better to speak with an experienced attorney as soon as possible after being hit by a car in Manhattan. Much of the evidence surrounding your crash may disappear if you wait too long, which could impact the amount of your financial recovery.
Your New York pedestrian accident lawyers will do most of the heavy lifting in building and investigating your case. However, you can help maximize the financial compensation you ultimately receive by seeking medical attention as soon as possible. This is crucial and should be done even if you are not in pain. Keep in mind that some injuries do not surface until hours later after your adrenaline has waned, while others may not manifest until days later.
In addition, the longer you wait until you first seek medical attention, the more opportunity you give the defendant to undermine the severity or causation of your injuries. This can significantly diminish the financial value of your pedestrian accident settlement.
Contact our team of Manhattan Pedestrian Accident Lawyers
If you were the victim of a serious pedestrian accident caused by driver negligence, contact a dedicated Manhattan pedestrian accident attorney at Douglas and London. We offer free consultations, which you may schedule by completing our online form or calling or texting 24/7.
Our experienced attorneys have recovered more than $18 billion for clients in settlements and verdicts. Because we work on a contingency basis, you do not pay a fee unless we win compensation. Hablamos Español.