New York Pedestrian Accident and Pedestrian Knockdown Lawyers
The National Highway Traffic Safety Association (NHTSA)
reports that each year nearly 5,000 pedestrians die
in motor vehicle related accidents, and more than 78,000
pedestrians suffer injuries when hit by a car or truck.
Pedestrian accidents and injures can be devastating
because injured pedestrians do not wear protective gear
and are generally unable to take precautions to avoid
the accident or mitigate their personal injuries before
they are struck. When a pedestrian is struck by several
thousand pounds of metal and glass, even a low-speed
collision carries a high potential for serious or catastrophic
injury.
Additionally, Children between the ages of 5 and 9
are at the greatest risk of being hit by a motor vehicle.
Children are smaller and less visible and their conduct
is unpredictable. The law imposes a higher duty of care
on drivers when it comes to children. The very presence
of children is a warning of danger to the driver to
exercise greater care. Thus, a motor vehicle driver
must exercise a greater degree of care when they know
or should know that small children are at play in the
immediate area. This is especially true when one is
driving in the vicinity of a school and residential
districts where children are known to play.
If you have been hit by a car and suffered, we can
help you recover damages for the following item:
- Medical bills
- Medication
- Lost wages and future income
- Lost ability to work in a career of your choice
- Loss of enjoyment and quality of life
- Pain and suffering
Are you or someone you know a victim of a pedestrian
knockdown accident? If
so, contact us for a free consultation on New York Hit
and Run Law today!
Pedestrian knockdowns usually occur when a distracted
driver pays little or no attention to people using marked
crosswalks or standing near intersections, stop signs
or traffic signals. Reckless and distracted drivers
who hit pedestrians should be held liable for the physical
and emotional damage they cause, including injuries
such as head trauma, disfigurement, fractures, back
and neck injuries, paraplegia, quadriplegia and even
death.
Common driver errors and misconduct that contributes
to pedestrian accidents include:
- Disregarding a Crosswalk - Drivers who don't pay
attention to crosswalks, whether at intersections
or at other points in the roadway, create a significant
risk of accident. Drivers should exercise appropriate
care that pedestrians are not crossing the road before
passing through a designated crosswalk.
- Disregarding a Traffic Control Device - When drivers
ignore traffic controls, particularly those which
specifically relate to pedestrian traffic, they significantly
increase the chances of an accident.
- Disregarding a Pedestrian Already Crossing the Roadway
- When a pedestrian in the roadway ahead of a car
is obviously crossing the road, or has entered the
driver's lane while in the process of crossing the
road, drivers should exercise appropriate caution
and should yield as necessary to avoid accident.
- Driving While Intoxicated - Drunk drivers pose a
high risk of injury to pedestrians, and there are
many notorious cases where drunk drivers have caused
accidents, striking pedestrians on sidewalks.
- Passing a School Bus - When drivers overlook or
ignore the red, flashing overhead lights on a school
bus, their passing of a school bus creates a high
risk of injury to children who may be disembarking
from the bus.
Are you or someone you know a victim of a pedestrian
accident? If
so, contact us for a free consultation on New York Hit
and Run Law today!
A pedestrian must exercise reasonable care for his
or her own safety. The care required of the pedestrian
must be in proportion to the danger to be avoided and
the consequences that might be reasonably anticipated.
Contributory negligence may be assessed against a pedestrian
if they failed to exercise such care and directly contributed
to the cause of their own injuries.
A few of the most common factors contributing to pedestrian
negligence are:
- Pedestrians who ignore the "walk" signal
at an intersection
- Pedestrians who enter a stream of traffic and disrupt
the flow
- Pedestrians who fail to use marked cross walks
- Pedestrians who "dart" in front of a
vehicle
Be aware that those who may be legally responsible
for your injuries might try to blame you for the accident,
by claiming that your own negligence was the cause of
what happened. If you have been involved in a pedestrian
accident, you should do the following:
- Call the police immediately
- Do not leave the scene of the accident until police
arrive
- Gather names, phone numbers and addresses of all
witnesses
- Obtain the registration and insurance information
of all vehicles involved.
- Record a description of the vehicles involved, including
license plate number, make and model
- Record the time, location, weather conditions, road
conditions, estimated speed of vehicles involved and
damage to vehicles and other property
- Do not make any statements to anyone except a police
officer
- Call an ambulance if you suspect you may have been
injured. It is important that you seek treatment immediately,
not days afterward
Are you or someone you know a victim of a pedestrian
accident? If
so, contact us for a free consultation on New York Hit
and Run Law today!
Michael Gunzburg, P.C. is a New York pedestrian
accident and pedestrian knockdown law firm serving
the New York Metropolitan area, including New
York City, Bronx, Brooklyn, Manhattan, Queens, Staten
Island, Nassau, Suffolk, Westchester, Rockland and
Orange Counties. |