Due to the lack of protection between pedestrians and motor vehicles, pedestrian accidents are often devastating. According to the New York State Department of Health, on average, there are approximately 3,027 hospitalizations and 312 deaths every year due to motor vehicle traffic-related pedestrian injuries. Injuries from pedestrian accidents can range from minor to catastrophic injuries, or sometimes even death.
If you or a loved one were hurt in a pedestrian accident caused by another person's negligence, you may be entitled to recover damages. At the Law Offices of Jessica A. Almeida, I have devoted my career to protecting the rights of personal injury victims. As an experienced New York personal injury attorney, I can fight to protect your rights and help you seek fair financial compensation. If your loved one was killed in a pedestrian accident, I can help you file a wrongful death claim.
I proudly serve all of New York, including clients in Manhattan, Queens, Brooklyn, the Bronx, Long Island, and Westchester.
One crucial aspect of seeking compensation after a pedestrian accident is to determine who was at fault. New York is a "no-fault" state. This means that victims are generally compensated for their injuries and damages by their insurance company regardless of who was responsible for causing the accident. However, you may be limited to the kinds of damage you can recover.
In New York, drivers owe a duty of care to other drivers, bicyclists, pedestrians, motorcyclists, and any road user. New York drivers are expected to:
Exercise due care so as to avoid crashes or accidents with pedestrians
Yield to pedestrians crossing in crosswalks
Refrain from overtaking motor vehicles stopped at crosswalks to allow pedestrians to cross
Yield to pedestrians anytime the pedestrian control signal displays a WALK sign, a green walking figure, or a green hand symbol
Yield to pedestrians already in crosswalks even if the traffic-control signal changes
Just as driver’s have responsibilities on the road, so too do pedestrians. New York pedestrian laws require that pedestrians:
Must obey traffic control signals, signs, and pavement markings
Must obey lawful orders and directives of law enforcement
Have the right-of-way, and drivers are expected to yield
Must refrain from leaving a curb suddenly or walking into the path of an oncoming vehicle
Must refrain from entering restricted areas
Should only cross intersections at designated crosswalks
Should cross roads using the crosswalks
The law also states that pedestrians should yield to drivers when a pedestrian control signal shows a DON'T WALK sign, a red standing figure, or a red hand symbol.
As a "no-fault" insurance state, drivers in New York are required to carry an automobile insurance policy, also referred to as Personal Injury Protection (PIP) policy. New York state law requires motor vehicle operators to have a minimum amount of liability insurance of:
$25,000 for bodily injury to one person
$50,000 for bodily injury to all persons
$10,000 for property damage in any one accident
A mandatory "no-fault" insurance coverage of $50,000 is also required.
New York is a comparative negligence state meaning that even if you are found at fault for the accident to some extent, you may still recover damages from the other responsible party. However, the amount of your settlement will be reduced to reflect your share of responsibility for the accident occurring. For instance, if your settlement was set at $10,000 but it was determined that you were 20 percent responsible for the accident, then the final amount of your settlement would be $8,000.
Available damages that may be recovered include:
Medical expenses, including future medical treatment
Lost wages, income, or benefits
Loss of normal life
Reduced earning capacity
Mental suffering and emotional distress
Damages for physical pain and suffering
Wrongful death damages, when applicable
Being involved in a pedestrian accident can be physically, emotionally, and financially overwhelming. Regardless, you don't have to go through it alone. At the Law Offices of Jessica A. Almeida, I am dedicated to providing outstanding legal services and compassionate representation in personal injury and wrongful death matters. As your attorney, I can help you:
Review your case and conduct a detailed investigation
Collect all required pieces of evidence and obtain the necessary documentation
Prove fault and liability
Determine and establish case-value
Handle all communication and negotiations on your behalf to enable you to focus on your recovery
Negotiate a fair financial settlement with the insurance provider
I can provide the experienced representation you need in your personal injury or wrongful death lawsuit. I will fight to ensure that the right people are held liable.
If you or your loved one were injured in a pedestrian accident caused by a negligent party, you may seek fair compensation. Contact the Law Offices of Jessica A. Almeida to schedule a one-on-one consultation. I will review your case and offer you the legal expertise and support you need. I proudly serve clients across New York, including Manhattan, Queens, Brooklyn, the Bronx, Long Island, & Westchester.