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Pedestrian Accident Lawyer in New York

Pedestrian Accident Lawyer in New York

Pedestrians are often the victims of devastating accidents. According to New York State data, about 15,000 pedestrians suffer injuries on NY roadways every year, and that’s not counting other types of accidents, like slip-and-fall accidents and being struck by falling objects.

A pedestrian accident lawyer in New York can help protect your rights if you’re preparing to claim compensation for your injuries. Call us at Dervishi Law Group if you’re a pedestrian planning to file a claim after an accident on a crosswalk, on a sidewalk, near a construction site, or any other location in NYC. In addition, if you’ve been involved in a motor vehicle accident, we also specialize as motor vehicle accident lawyers in New York, ensuring comprehensive legal support for your case.

Why Pedestrian Accidents Happen?

In 2023, the New York City Department of Transportation proudly announced that in 2022, NYC saw a drop of 6.3% in pedestrian fatalities. Despite this cheering stat, New York still sees about 300 pedestrian fatalities a year, according to state data. Apart from people who tragically lose their lives, many pedestrians suffer serious injuries. 

Pedestrians are vulnerable because they have no physical protection when hit by a moving vehicle or a heavy falling object. Distracted or aggressive drivers, poorly secured construction sites, slippery sidewalks, and many other hazards pose a threat to pedestrians in NYC.

Who’s Liable for Your Pedestrian Accident?

Generally, New York works on a no-fault principle for insurance claims, meaning that any injured person, by default, turns to their insurer after an accident. This allows victims to secure compensation more quickly without having to prove fault. However, pedestrians struck by a vehicle are an exception to this rule and typically file a claim directly with the driver’s insurance provider.

The no-fault system also steps aside if your accident-related economic losses exceed $50,000 or if you suffer a serious injury. For insurance purposes, a serious injury includes bone fractures, loss of bodily or brain function, loss of organs, and disability lasting three months or longer.

An experienced pedestrian accident lawyer in New York can help determine whether your injuries cross the serious injury threshold and who will likely compensate you. The latter may include negligent drivers, commercial vehicle companies, business owners, bicyclists, or the City of New York. In complex accident cases, more than one party may carry liability. 

What Losses Will My Settlement Cover?

Pedestrian accidents range from trivial to catastrophic or fatal. The size of your payout will depend on many circumstances, like the severity of your injuries, their effect on your employability, and the other side’s insurance coverage.

In general, settlements after a pedestrian accident may seek compensation for economic and non-economic damages. 

  • Economic damages include anything possible to calculate or estimate, like your medical costs, lost wages, rehabilitative costs, long-term loss of employability, prospective surgeries, and other tangible costs.
  • Non-economic damages (a.k.a. pain and suffering) include losses that don’t come with a price tag, like physical pain, emotional distress, or reduced quality of life.

If the at-fault party behaved in an especially reckless or malicious way, you may also collect punitive damages. Courts grant this type of award to punish wrongdoers and deter future offenders. For example, if a drunk driver hit you and fled the scene while you were crossing the street in a school zone, a New York crosswalk accident lawyer could help you win punitive damages. 

What To Do Right After a Pedestrian Accident

Whether a careless driver hit you or you slipped on an icy sidewalk, you must take immediate steps to protect your rights after a pedestrian accident. First, move out of the danger zone. Then, do the following.

1. Call the Police or Report Your Accident

If a motorist hit you, contact the police and stay at the scene until the police officers arrive unless you need urgent medical care. 

If you suffered another type of accident, like a slip and fall, you should also file an accident report. Notify the property owner if your injury occurred on someone else’s premises. 

2. Document Everything

Take photos of the accident scene, including key details like any hazards or the vehicle that hit you. Take the contact information of the responsible driver, owners of the premises, and any witnesses.

3. Seek Medical Care

See a doctor even if you feel almost fine at first. What seems like a minor bruise could turn out to be a TBI or internal organ damage. Keep all your medical records to present as evidence when filing a claim.

Why You Need a New York Pedestrian Accident Lawyer?

Maybe you’ve considered handling your own claim and saving on the fees you’d pay an NYC pedestrian collision lawyer. However, after a serious injury, it’s imperative that you work with a New York pedestrian accident attorney. Insurance companies are notorious for denying legitimate claims, shifting blame, or tricking victims into accepting lowball settlement offers. 

By entrusting your case to Dervishi Law Group, you know you’ll have a fierce legal advocate who will fight for your rights every step of the way. Your Manhattan sidewalk accident attorney will:

  • Help you determine liability and explore all options for seeking compensation
  • Build a watertight claim with strong evidence
  • Ensures your calculation of losses includes present and future costs
  • Negotiate with insurers and defend you against underhanded tactics by insurance adjusters
  • If necessary, appeal any claim denials and proceed to a lawsuit 

Of course, law firms charge fees, typically when the claim settles. Nevertheless, having a skilled and experienced lawyer on your side almost always means you’ll collect a bigger payout, even when you deduct an attorney’s fees from the final settlement. We offer a free consultation during which we can answer your initial questions.

Call Dervishi Law Group for a Consultation With a New York Pedestrian Accident Attorney

Did you sustain an injury as a pedestrian in NYC? Contact us at Dervishi Law Group. Our hardworking pedestrian and falling object attorneys will assess your case, calculate your damages, and protect your rights throughout the claim process. We’ll fight to help you negotiate the fairest settlement to support you during and after your recovery.

Call (718) 484-4757 or text (917) 496-8342 for a 24/7 free case evaluation by a pedestrian accident lawyer in New York.

FAQs

How long do I have to file a pedestrian accident claim in New York?

Usually, you have three years after an accident to file a personal injury claim. However, if you’re filing a claim against New York City, you only have 90 days to give a notice of claim and a year and 90 days to file the claim itself. 

What should I do if my pedestrian accident was a hit and run?

If you suffered a hit-and-run accident in NY and the police never found the at-fault driver, you could collect compensation through the NY Motor Vehicle Accident Indemnification Corporation (MVAIC). An NYC pedestrian injury attorney can help you submit an MVAIC claim and present the necessary evidence.

What if I’m partially responsible for my accident?

In New York, you’re still eligible for compensation even if you’re partially at fault for the accident. However, your settlement would drop proportionally to your degree of responsibility. A New York City pedestrian injury attorney can explain how comparative negligence works in your case.

How much would I pay for pedestrian injury legal representation in NY?

A pedestrian accident lawyer in New York will typically handle your case on a contingency basis, meaning you only pay when you collect your settlement. Reach out to us at Dervishi Law Group for more information about our fee structures and answers to any law-related questions you might have.

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Address 1:
2322 Arthur Ave., Suite 3A
Bronx, New York 10458

Address 2:
18 East 41st. Street, 6th Floor
New York, NY. 10017

Office: (718) 484-4757 
Cell: (917) 496-8342
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To arrange a consultation with a Trip and Fall attorney in Connecticut, please contact Dervishi Law Group, P.C. today. You can call us at (718) 484-4757 , (917) 496-8342 or email: fdervishi@dervishilaw.com.

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