With the hefty traffic volume and the high number of pedestrians in Manhattan, pedestrian accidents are unfortunately all too common downtown.
Pedestrian accidents are almost always the fault of negligent drivers. Unlike the occupants of a car or truck, pedestrians do not have a metal covering or shell that surrounds them in an accident. Therefore, if the force of a collision knocks them down, they may suffer permanent and sometimes fatal injuries.
If you suffered injuries in a Manhattan pedestrian accident, you need legal assistance as quickly as possible. A Manhattan pedestrian accident lawyer can promptly evaluate the circumstances of your case and file a claim on your behalf with the appropriate insurance company.
Sometimes, you can file a Personal Injury Protection (PIP) claim under your own insurance policy – or the driver’s insurance policy if you do not have individual PIP coverage. Alternatively, in certain circumstances, you can file a third-party personal injury claim with the at-fault driver’s insurer.
Your pedestrian accident lawyer can evaluate your legal options and will pursue the fair monetary recovery you deserve for your accident-related injuries and losses.
Common Locations for Pedestrian Accidents in Manhattan
Manhattan pedestrian accidents can occur in a variety of locations. Given the high traffic volume in downtown Manhattan, pedestrian accidents are common at traffic intersections – even those with pedestrian control devices and crosswalks.
These accidents typically happen when drivers do not pay attention to the road or negligently fail to yield the right-of-way to pedestrians. However, not all pedestrian accidents in Manhattan happen at intersection crosswalks.
A Manhattan pedestrian accident may also occur in a parking lot or a parking garage – especially when a driver does not look out of their rearview or side view mirror when pulling out of a parking space.
Pedestrian accidents can also happen on or near sidewalks, especially if a driver is not paying attention and negligently causes their vehicle to jump the curb, striking a pedestrian.
You are not alone if you sustained injuries in a pedestrian accident in one of these locations. To maximize your chances of recovering favorable monetary damages, always talk with a pedestrian accident lawyer as quickly as possible.
Your attorney can meet with you to discuss your accident circumstances, evaluate your claim, and pursue the monetary recovery you need and deserve.
Common Causes of Manhattan Pedestrian Accidents
Manhattan pedestrian accidents are almost always the result of driver error and negligence. When drivers violate traffic laws, they significantly increase their chances of causing a pedestrian collision.
Common traffic law violations that may lead to a pedestrian accident include:
- Excessive speeding, especially in the downtown area near traffic intersections
- Failing to use mirrors, especially in parking lots and parking garages
- Failing to yield the right-of-way to pedestrians who are lawfully present at an intersection crosswalk
Pedestrian accidents may also happen when drivers exhibit road rage and other aggressive driving maneuvers.
For example, a driver might resort to speeding, weaving around traffic, or other reckless maneuvers to avoid slower-moving traffic. However, in the process, they might inadvertently strike a nearby pedestrian or bicyclist, causing them to suffer serious injuries.
A pedestrian accident might also happen when a driver is illegally under the influence of drugs or alcohol while behind the wheel. Alcohol and other substances may seriously affect a driver’s mindset and bring about physical symptoms. For example, impaired drivers may experience limited concentration, delayed reaction time, and delayed reflexes.
Consequently, even if the intoxicated driver notices a pedestrian in the vicinity, they might be unable to react in time to avoid a collision. Additionally, some drunk drivers experience blurred vision and other physical symptoms that may prevent them from noticing a nearby pedestrian in the first place.
Finally, some pedestrian accidents occur when drivers ignore the road where pedestrians are present. Instead of overseeing their surroundings, a distracted driver might be looking at a cell phone or GPS navigation system. They also might engage in one of many non-electronic distractions, including checking on backseat passengers or reaching for something across the car.
If a driver even briefly turns their head away from the road, the chances are good that they will not notice a nearby pedestrian in time to avoid a collision.
If you suffered injuries in a pedestrian accident that a negligent driver caused, retain the necessary legal help to pursue the monetary recovery you deserve. A pedestrian accident lawyer can evaluate your accident circumstances and file the appropriate insurance claim on your behalf.
Your lawyer may then negotiate with insurance company representatives to maximize the monetary damages you recover for your injuries and other losses.
Pedestrian Accident Injuries in Manhattan
The pedestrian almost always loses when it comes to a motor vehicle versus a pedestrian. If the car is traveling at a high rate of speed, the pedestrian may not survive the accident.
The injuries a pedestrian will suffer depend primarily on the specific circumstances leading up to their accident, the accident location, the amount of force involved in the collision, and how the pedestrian falls.
Some of the most common injuries that pedestrian accident victims may suffer in Manhattan accidents include:
- Mouth and jaw injuries
- Road rash injuries
- Soft tissue contusions
- Rib fractures
- Bone fractures
- Complete and incomplete spinal cord damage
- Full and partial paralysis injuries
- Loss of the ability to use one or more body parts
- Loss of enjoyment of life
- Loss of spousal consortium
- Traumatic head and brain injuries
- Death
Upon suffering injuries in a pedestrian accident, always obtain prompt medical care and follow your treatment plan. Otherwise, your injuries may worsen over time. Additionally, by continuously receiving treatment for your injuries, you show the insurance company that you deserve to recover monetary damages for severe injuries.
While you focus on completing your medical treatment, your pedestrian accident attorney can gather important documents for your claim. Those documents may include photographs of your injuries, video camera footage depicting the accident, police reports, medical treatment records, and medical bills.
Once your medical treatment concludes, your lawyer can submit these documents to the appropriate insurance company for review and evaluation.
Filing a Personal Injury Protection (PIP) or Third-party Insurance Claim after a Manhattan Pedestrian Accident
If you recently suffered injuries in a pedestrian accident, you may pursue a claim for various PIP benefits under your own insurance policy. If you do not have a PIP policy because you do not own a motor vehicle, you may file a claim under a household member’s policy. Alternatively, if you do not have your own PIP benefits, you can file a claim for those benefits under the at-fault driver’s PIP policy.
As part of a PIP claim, you may be eligible to recover various types of monetary compensation. For example, you can pursue financial recovery for your related medical costs and lost income if you miss work due to accident-related injuries. You may also receive monetary damages for household services and transportation costs.
In some circumstances, however, an injured pedestrian accident victim might be eligible to recover monetary damages from the at-fault driver’s insurance company via a personal injury claim or lawsuit.
To pursue a third-party claim against the at-fault driver, the injured pedestrian must typically have suffered a threshold injury, such as a bone fracture or other permanent/disabling injury. A skilled pedestrian accident attorney in your area can determine if you can file a third-party claim against the at-fault driver.
Your lawyer must satisfy your legal burden of proof to recover monetary damages for you in a third-party claim.
Specifically, you must show that:
- The driver behaved unreasonably under the circumstances, usually by violating one or more traffic laws
- That, as a direct result of the driver’s breach, your pedestrian accident and injuries occurred
Your attorney can retain several experts to help satisfy this legal burden of proof. An accident reconstructionist can visit the accident scene, review video footage and police reports, and determine how the accident occurred.
Similarly, a treating medical provider can serve as a medical expert in your case and establish the necessary causal connection between the accident and your injuries. The medical expert may also show, based on a reasonable degree of medical certainty, whether you sustained a permanent physical injury.
Litigating a Third-Party Claim in the Court System
If you file a third-party personal injury claim arising from your pedestrian accident, and the insurance company adjuster handling your case refuses to make you a fair monetary settlement offer, your lawyer can file a lawsuit on your behalf.
However, just because your lawyer files a lawsuit does not necessarily mean your pedestrian accident case will go to a civil jury trial.
In fact, most pedestrian accident claims resolve at some point out of court. After all, if every accident and injury case went to trial, it would significantly strain the judicial system. Litigation and jury trials are also expensive, so the parties can save considerable resources by settling their cases out of court.
After filing a lawsuit in your case, your lawyer can handle your case throughout the litigation process. For example, they may answer written Interrogatories from the defense lawyer on your behalf and submit those responses after you review them. Your lawyer can also prepare you for a discovery deposition and the questions a defense lawyer will likely ask you.
If your pedestrian accident case does not reach a resolution during pretrial litigation, your lawyer may take your case to a civil jury trial or pursue alternative dispute resolution (ADR), like mediation or binding arbitration.
Manhattan Pedestrian Accident Monetary Damages
While PIP insurance claims are the norm in New York, accident victims who file these claims are limited in the types and amounts of monetary compensation they can recover.
However, in a third-party personal injury claim that an injured accident victim files against the at-fault driver, the accident victim can obtain additional damages. The monetary compensation that an accident victim recovers through a personal injury claim or lawsuit will depend on the severity of their injuries, the circumstances surrounding their pedestrian accident, the medical treatment they underwent, and the total cost of their economic losses.
Some of the most common damages that injured pedestrians may recover in their claim or lawsuit include compensation for:
- Anticipated medical expenses
- Mental and emotional harm
- Loss of spousal consortium
- Inconvenience
- Pain and suffering
- Loss of use of a body part
- Loss of life enjoyment
- Permanent disability or disfigurement
- Long-term or lifetime care costs
Your attorney can aggressively negotiate with the at-fault driver’s insurance company on your behalf and pursue the maximum amount of monetary compensation you deserve to recover.
However, if the insurance company does not compensate you fairly for your injuries, your lawyer can file a lawsuit in the court system on your behalf and litigate your case to an efficient resolution.
Contact an Experienced Pedestrian Accident Lawyer in Manhattan Today
Andrew Finkelstein, Manhattan Pedestrian Accident Lawyer
If you recently suffered injuries in a Manhattan pedestrian accident, a skilled pedestrian accident lawyer in your area can help. Your attorney can enter an appearance in your case, negotiate with insurance company representatives on your behalf, answer your questions, and represent you at all legal proceedings throughout your case.
Your lawyer will do everything possible to maximize the monetary damages you receive for your injuries and other accident-related losses.
Consultations with a Manhattan personal injury attorney should be free of charge. This initial meeting allows you to discuss your case, understand your rights, and explore potential legal options. It’s an opportunity to gather information and determine if pursuing a claim is in your best interest. You can also ask questions to determine whether a particular attorney is right for you. Consult a lawyer near you today.