New York City Pedestrian Accident Lawyer
Filing A Claim After A Pedestrian Accident
If you have been struck by a vehicle, our New York City, NY pedestrian accident lawyer can help you pursue justice and financial compensation through a personal injury claim. Pedestrian accidents can be devastating for victims. No matter the severity of your accident or your injuries, our pedestrian accident lawyer can help you file a claim in pursuit of compensation that will help you recover from your injuries and get your life back on track.
Pedestrian accidents are unfortunately common in a city as populated and condensed as New York City, and our team has vast experience assisting victims as they attempt to claim the compensation that they are due. To discover exactly how we can assist you with your case, contact The Eskesen Law Firm today to schedule a consultation.
The Role Of A Pedestrian Accident Lawyer
Your number one priority after a pedestrian accident is your physical and mental recovery. Personal injury claims can be long, exhausting processes, and taking them on top of pursuing recovery can be overwhelming and disheartening for victims. Our New York City pedestrian accident lawyer will handle all steps of the claims process for you, allowing you to focus on the other aspects of your recovery.
We begin with an initial consultation in which we will discuss your accident and your injuries in order to better understand your case. We will also conduct a complete investigation of your accident in order to gather evidence that will prove that you are owed compensation for your injuries. In this investigation, we will gather evidence such as photographs and videos, witness testimony, police reports, medical records, and more in order to prove that the at-fault party is liable for your accident. We will then assist you in filing a claim and represent you in all negotiations with the insurance company in pursuit of the full and fair amount of compensation that you deserve.
Insurance companies will unfortunately fight hard to undervalue and deny claims made by victims of pedestrian accidents. With vast financial and legal resources at their disposal, they will do everything in their power to not pay what you are owed. Our New York City pedestrian accident lawyer has experience dealing with insurance companies and knows the tactics that they will use in your case. We will fight back in pursuit of the maximum amount of compensation that you deserve. If this amount cannot be agreed upon during negotiations, our pedestrian accident lawyer is prepared to represent you in court in pursuit of the compensation you deserve.
Dealing With Pedestrian Accidents
Pedestrian accidents often lead to severe, life-altering injuries due to the stark disparity in protection between a pedestrian and a vehicle. Individuals affected by such incidents face not only physical trauma but also emotional distress and financial burdens. Understanding the avenues for obtaining compensation with a New York City, NY pedestrian lawyer is crucial in navigating the aftermath of an accident. The Eskesen Law Firm aims to shed light on the compensation process and emphasize the importance of legal assistance in such scenarios.
Understanding Compensation Following Pedestrian Incidents
When a pedestrian is struck by a vehicle, the road to recovery can be long and fraught with challenges. The legal framework offers a pathway to secure financial support for the victims, which is essential in covering medical bills, lost wages, and other related expenses. Compensation claims are not limited to immediate losses; they can also include long-term care costs, pain and suffering, and loss of life quality.
Speak with one of our attorneys about your accident. Call us at 212-433-4500 to schedule a free initial consultation.
Medical Expenses And Recovery Costs
Medical treatment can range from emergency care immediately following the incident to long-term rehabilitation services. A detailed assessment of current and future medical needs is vital in calculating the compensation required. This calculation should encompass all forms of medical intervention, including surgeries, physical therapy, and any necessary medical equipment.
Lost Wages And Employment Benefits
For many, the injuries sustained prevent a return to work, either temporarily or permanently. A compensation claim can cover lost wages and benefits during the recovery period. In cases where an individual is unable to return to their previous employment due to lasting disabilities, claims may also include loss of future earning capacity.
Pain, Suffering, And Emotional Distress
While harder to quantify, compensation for pain, suffering, and emotional distress acknowledges the non-physical impact of pedestrian accidents. This aspect of compensation considers the severity of the injuries, the duration of recovery, and any lasting effects on the victim’s quality of life.
A Crucial Ally
Navigating the complexities of compensation claims requires expertise and perseverance. New York City pedestrian lawyers bring a wealth of experience and knowledge, ensuring that victims receive the full compensation they are entitled to. They play a critical role in gathering evidence, negotiating with insurance companies, and, if necessary, representing the victim’s interests in court.
The Role Of Insurance In Compensation Claims
Insurance coverage plays a significant role in the compensation process. Understanding the intricacies of insurance policies and the tactics employed by insurance companies is essential. Experienced legal professionals can navigate these challenges effectively, advocating for the victim’s rights and ensuring that insurance companies fulfill their obligations.
Taking The Next Steps
For individuals impacted by pedestrian accidents, taking legal action may seem daunting. However, securing compensation is a critical step in the recovery process. It not only provides financial relief but also holds accountable those responsible for the incident. If you or a loved one has been affected by such an event, reaching out for legal assistance is a proactive step towards healing and recovery.
The journey to recovery after a pedestrian accident is fraught with challenges, both physical and emotional. Securing adequate compensation plays a pivotal role in facilitating this journey, providing not just the means for immediate and long-term care but also a sense of justice and closure. For those navigating this difficult time, remember that you do not have to face it alone. Legal guidance from a NYC pedestrian lawyer can offer not only a pathway to the compensation you deserve but also the support and advocacy necessary during such a trying period. Consider reaching out to The Eskesen Law Firm to explore your options and take the first step towards recovery.
Contact Our Pedestrian Accident Lawyer Today
Recovering from a pedestrian accident can be a daunting prospect, but you do not have to embark on this journey alone. Our team strives to provide dedicated, personalized, and compassionate service to our clients. Your case matters to us, and we will fight hard to procure you the compensation you need as you get your life back on track after an accident. If you have been in a pedestrian accident, contact The Eskesen Law Firm today to schedule a consultation.
Who Can Be Held Responsible In A Pedestrian Accident?
When a pedestrian accident occurs, determining liability can be a complex process involving multiple parties. Understanding who can be held responsible is crucial for victims seeking compensation for their injuries. Here, we break down the key parties that can be held liable in pedestrian accidents. Always contact a New York City, NY pedestrian accident lawyer to get assistance.The Eskesen Law Firm can help. Contact us today to set up a consultation.
Negligent Drivers
Negligent drivers are often the primary culprits in pedestrian accidents. Distracted driving, speeding, failure to yield, and driving under the influence are common forms of negligence that can lead to serious injuries for pedestrians. Drivers have a duty to operate their vehicles safely and adhere to traffic laws. When they breach this duty, they can be held liable for the resulting harm.
Vehicle Manufacturers
In some cases, the vehicle itself may be defective, contributing to the accident. If a design flaw, manufacturing defect, or malfunctioning part caused the accident, the vehicle manufacturer might be held liable. This is particularly relevant in cases where brakes fail, accelerators stick, or other mechanical issues arise due to faulty manufacturing. Skilled New York City pedestrian accident lawyers will know how to best fight a case like this.
Government Entities
Poorly maintained or designed roadways can also contribute to pedestrian accidents. Government entities responsible for maintaining roads, sidewalks, traffic signals, and crosswalks can be held accountable if they fail to ensure these are safe for use. This includes inadequate signage, malfunctioning traffic lights, poorly designed intersections, and lack of proper pedestrian crossing areas.
Property Owners
Property owners can be liable if an accident occurs on their premises due to unsafe conditions. For instance, if a pedestrian is injured in a parking lot because of poor lighting, lack of signage, or other hazardous conditions, the property owner might be held responsible. This extends to both private property and commercial establishments.
Employers
If the driver responsible for the accident was on duty at the time, the employer might also be liable. This is especially common in cases involving delivery drivers, truck drivers, or any employee driving for work purposes. Employers are responsible for ensuring their employees are properly trained and follow safety regulations while on the job.
Pedestrians Themselves
In some instances, pedestrians may share some responsibility for the accident. If a pedestrian jaywalks, crosses against a traffic signal, or is otherwise acting negligently, they might be found partially liable. However, even if a pedestrian is partially at fault, they may still be able to recover damages, although the compensation might be reduced based on their level of fault.
Bicyclists And Other Road Users
Other road users, such as bicyclists, motorcyclists, and even other pedestrians, can sometimes be involved in causing an accident. If a bicyclist runs a red light or a motorcyclist speeds through a crosswalk, they can be held accountable for any injuries resulting from their actions. Similarly, if another pedestrian’s negligent behavior contributes to the accident, they could also be considered liable.
Manufacturers Of Safety Devices
Safety devices, such as pedestrian crossing signals and barriers, play a critical role in preventing accidents. If these devices are defective or fail to operate correctly, the manufacturers of these devices can be held liable. This can include instances where pedestrian signals do not work, barriers are improperly installed, or warning signs are inadequate.
Third-Party Contractors
Sometimes, third-party contractors hired to perform roadwork or maintenance can create hazardous conditions leading to pedestrian accidents. If their work results in unsafe sidewalks, improper signage, or other dangerous situations, they can be held responsible for any resulting injuries.
Insurance Companies
In the aftermath of a pedestrian accident, dealing with insurance companies can be challenging. While they are not liable for the accident itself, their role in providing fair compensation is crucial. Insurance companies often attempt to minimize payouts, so having a knowledgeable attorney can help ensure that victims receive the compensation they deserve.
Understanding the potential parties who can be held liable in a pedestrian accident is essential for victims seeking justice and compensation. Each case is unique, and liability can be complex, involving multiple responsible parties. If you or a loved one has been injured in a pedestrian accident, it’s important to consult with an experienced attorney who can navigate the legal intricacies and advocate on your behalf.
Pedestrian Accident Infographic
Contact Us Today
If you’ve been involved in a pedestrian accident, don’t navigate the legal process alone. Our experienced team of New York City pedestrian accident attorneys attorneys is here to help you understand your rights and fight for the compensation you deserve. Contact us today for a consultation and take the first step toward securing the justice you need.
New York City Pedestrian Accident Statistics
According to the National Safety Council, almost 9,000 pedestrians die in pedestrian non-traffic incidents each year. The majority of those accidents – 85 percent – occur in urban areas. Almost 75 percent happen during evening and night hours, and 23 percent take place at intersections.
If you or a loved one have been injured in a pedestrian accident, contact a skilled New York City pedestrian accident lawyer to ensure you get the compensation you deserve.
Pedestrian Accident FAQs
Navigating the aftermath of a pedestrian accident can be an overwhelming experience. If you or a loved one has been involved in such an unfortunate event, understanding your rights and the legal avenues available to you is essential. A pedestrian accident lawyer can provide invaluable assistance in this process, ensuring you receive the compensation and justice you deserve.
Here are some of the most common questions about pedestrian accidents, their causes, and preventive measures. We’ll also highlight how a New York City, NY pedestrian accident lawyer can support you through these challenging times. The Eskesen Law Firm can set up a consultation to go over more.
How Do Pedestrian Accidents Happen?
Pedestrian accidents can occur under various circumstances, often involving complex interactions between vehicles and individuals on foot. Here are some of the most common scenarios:
Distracted Driving
One of the leading causes of pedestrian accidents is distracted driving. This includes any activity that diverts attention from driving, such as texting, talking on the phone, eating, or using in-car technologies. When drivers are not fully focused on the road, the risk of an accident increases significantly.
Speeding
Speeding reduces a driver’s ability to react quickly to unexpected situations. It also increases the severity of accidents when they occur. In areas with high pedestrian traffic, speeding can be particularly dangerous.
Failure To Yield
Drivers are required by law to yield the right of way to pedestrians at crosswalks. However, failure to do so is a common cause of accidents. This can happen when drivers are in a hurry, distracted, or simply unaware of the pedestrian’s presence.
Drunk Driving
Driving under the influence of alcohol or drugs impairs a driver’s judgment, coordination, and reaction times, making accidents more likely. Pedestrians are especially vulnerable in these situations due to the lack of protection against a moving vehicle.
Poor Visibility
Accidents often occur in low-light conditions, such as at night or during bad weather. Poor visibility can make it difficult for drivers to see pedestrians, particularly if they are wearing dark clothing or crossing at unexpected locations.
How Can Pedestrian Accidents Be Prevented?
While not all accidents are avoidable, several measures can significantly reduce their occurrence. Here are some strategies for both drivers and pedestrians to enhance safety:
Tips For Drivers
– Stay Focused: Avoid distractions and keep your attention on the road at all times. This includes refraining from using mobile devices or engaging in activities that take your eyes off the road.
– Obey Speed Limits: Adhere to posted speed limits, especially in areas with high pedestrian activity. Slowing down gives you more time to react to potential hazards.
– Yield To Pedestrians: Always yield the right of way to pedestrians at crosswalks and intersections. Be vigilant and cautious in residential areas and school zones.
– Never Drive Under The Influence: Avoid driving after consuming alcohol or drugs. Arrange for alternative transportation if you are not sober.
– Use Headlights Appropriately: Ensure your vehicle’s headlights are functioning correctly and use them during low-light conditions to improve visibility.
Tips For Pedestrians
– Use Crosswalks: Always cross streets at designated crosswalks or intersections. Avoid jaywalking, which can increase the risk of accidents.
– Stay Visible: Wear bright or reflective clothing, especially at night or in poor weather conditions. Make eye contact with drivers to ensure they see you before crossing.
– Be Alert: Stay aware of your surroundings and avoid distractions such as using mobile devices while walking near traffic.
– Follow Signals: Obey traffic signals and pedestrian crossing signs. Wait for the walk signal before crossing the street.
– Walk Facing Traffic: When sidewalks are not available, walk on the side of the road facing oncoming traffic to increase visibility.
The Role Of A Pedestrian Accident Lawyer
In the aftermath of a pedestrian accident, navigating the legal landscape can be daunting. A lawyer specializing in pedestrian accidents can provide crucial assistance in several ways:
Legal Guidance
An experienced lawyer can help you understand your rights and the legal options available to you. They can explain complex legal terms and processes in a way that is easy to understand.
Evidence Collection
Gathering evidence is essential to building a strong case. A lawyer can assist in collecting and preserving crucial evidence, such as witness statements, traffic camera footage, and medical records.
Negotiating With Insurance Companies
Insurance companies often aim to settle claims quickly and for as little as possible. A lawyer can negotiate on your behalf to ensure you receive fair compensation for your injuries, medical expenses, lost wages, and other damages.
Representation In Court
If a fair settlement cannot be reached, your lawyer can represent you in court. They will present your case effectively, advocate for your best interests, and strive to achieve a favorable outcome.
Peace Of Mind
Having a legal professional handle your case allows you to focus on your recovery without the added stress of navigating the legal system. Knowing that a set of skilled New York City pedestrian accident lawyers are working on your behalf can provide peace of mind during a challenging time.
Reach Out Today
If you or a loved one has been involved in a pedestrian accident, don’t navigate this complex journey alone. Contact our experienced team of New York City pedestrian accident attorneys today for a free consultation. Let us help you understand your rights and fight for the compensation you deserve. Reach out to us now and take the first step towards justice and recovery.
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