We Fight for Justice for Injured Pedestrians in Brooklyn
At Poltielov Law Firm P.C., our Brooklyn pedestrian accident lawyer is a skilled, experienced advocate for justice. Pedestrian accidents can cause serious injuries. It is imperative that victims have strong legal representation. If you or your loved one was hit by a car in Brooklyn, we can help. Contact our New York pedestrian accident lawyer today for a free, no-obligation consultation.
Pedestrian accident victims in Brooklyn face some of the most serious injuries imaginable. Our legal team is ready to fight for the maximum compensation you deserve.
What to Know About Pedestrian Liability in New York State
Pedestrian liability in New York operates under a hybrid system that separates insurance priority from fault. A pedestrian does not need personal no-fault coverage to trigger no-fault benefits. The insurer of the striking vehicle pays first-party benefits. If that coverage does not exist, coverage shifts through statutory priority rules. No-fault governs payment of basic economic loss only. For fault-based claims, liability is based on negligence. Every pedestrian accident in Brooklyn should be thoroughly investigated by an experienced attorney.
New York law also allows injured pedestrians to pursue additional damages beyond no-fault benefits if their injuries meet the serious injury threshold. This means that traumatic brain injuries, spinal cord injuries, broken bones, and other life-altering injuries can open the door to a full personal injury lawsuit against the negligent driver. New York’s Personal Injury Protection (PIP) insurance covers up to $50,000 in expenses, but that is rarely enough for severe injuries.
New York pedestrian accident claims can also involve comparative negligence issues, which means your recovery may be reduced by your percentage of fault. For example, if a pedestrian is found 20 percent at fault for the accident, they can recover 80 percent of their total damages. Our legal team works to minimize any finding of fault on the pedestrian’s side and maximize what you recover.
Common Causes of Pedestrian Accidents in Brooklyn
Pedestrian accidents happen for many reasons, and understanding the cause matters for building a strong claim. Some of the most common causes of pedestrian accidents in Brooklyn include:
- Reckless driving and speeding, which pose significant risks to vulnerable pedestrians
- Drivers who fail to check for pedestrians before turning
- Failure to yield at crosswalks or traffic signals
- Distracted driving, including phone use behind the wheel
- Running red lights or ignoring traffic laws
- Commercial vehicle drivers with poor visibility around their trucks
- Cars exiting parked cars doors into pedestrian paths
Atlantic Avenue is nicknamed the “Boulevard of Death” for pedestrian accidents, and many pedestrian accidents occur at busy intersections throughout Brooklyn. High foot traffic areas near subway stations, schools, and shopping corridors see a disproportionate share of these crashes.
Residential streets also see pedestrian accidents, particularly when drivers speed through neighborhoods where children and elderly people are present. Speeding drivers are a leading cause of fatal crashes because a pedestrian hit at 40 mph has only a 15 percent survival rate, compared to much higher survival rates at lower speeds.
Common Pedestrian Accident Injuries
Common pedestrian accident injuries range from minor injuries to catastrophic harm. Some of the most serious injuries our attorneys see include:
- Traumatic brain injuries, which can affect memory, speech, and daily function
- Spinal cord injuries and spinal cord damage that can cause partial or complete paralysis
- Broken bones in the legs, arms, hips, and pelvis
- Internal organ trauma from the force of impact
- Severe lacerations and road rash
- Physical pain and long-term physical therapy needs
Pedestrian accident injuries often require extensive medical treatment over months or even years. Severe injuries can require surgery, rehabilitation, and ongoing specialist care that costs far more than no-fault benefits cover. That is why pursuing full compensation through a personal injury lawsuit is so important for seriously injured pedestrians.
Pedestrian injuries often require specialized legal knowledge due to their severity and the complexity of insurance claims involved. Our Brooklyn pedestrian accident attorney team understands how these injuries affect every part of a victim’s life and fights to account for every cost in your claim.
Recovering the Maximum Compensation for Pedestrians in Brooklyn
Hurt in a pedestrian crash in Brooklyn? You have the right to seek compensation for the full scope of your damages, including any non-economic damages. However, insurance companies that defend these claims often fight hard to pay out as little as possible. Our Brooklyn pedestrian accident lawyer can help you seek a fair settlement for:
- Ambulance costs
- Emergency room care
- Hospital bills
- Other medical expenses
- Future medical expenses and ongoing care costs
- Loss of wages and lost wages going forward
- Diminished earnings
- Pain and suffering
- Mental distress and emotional distress
- Long-term disability
- Wrongful death
Economic damages compensate for the financial losses you can calculate, like hospital bills, medical treatment costs, and lost wages. Non-economic damages compensate for the losses that are harder to put a dollar figure on, like physical pain, emotional distress, and loss of enjoyment of life.
In cases involving life-altering injuries, the total value of a claim can be very large. All these factors, from the severity of your injuries to the impact on your ability to work and enjoy daily life, are considered when calculating what your case is worth. Our legal team works with medical experts to make sure nothing is left out.
What to Do After a Pedestrian Accident in Brooklyn
After a pedestrian accident in Brooklyn, the steps you take in the hours and days that follow can have a major impact on your claim. Here is what to do:
- Seek medical attention immediately following the accident, even if you feel okay
- Call 911 and make sure a police report is filed, since a police report is important evidence in pedestrian accident cases
- Document the accident scene with photos if you are able
- Collect witness contact information, since witness statements can strengthen your claim
- Look for traffic camera footage that may have recorded the crash
- Do not give a recorded statement to the insurance company before speaking with an attorney
- Contact a Brooklyn pedestrian accident lawyer as soon as possible
It is advisable to seek medical attention immediately following a pedestrian accident because some injuries, including traumatic brain injuries, do not show full symptoms right away. A gap in medical care can give insurance adjusters a reason to argue that your injuries were not serious or were caused by something else.
Documentation of lost wages and medical expenses should also begin right away. Keep records of every doctor visit, prescription, and missed workday. This documentation supports your insurance claims and strengthens any future personal injury lawsuit.
Claims Against the City of New York
If your pedestrian accident in Brooklyn involved a dangerous sidewalk, broken traffic signal, or other city-owned property, you may have a claim against the City of New York. Claims against the City of New York require a Notice of Claim within 90 days of the accident, and you must file a lawsuit within one year and 90 days against the City.
Missing these deadlines can permanently bar your right to seek compensation, which is one of the most important reasons to contact a Brooklyn pedestrian accident attorney quickly after your accident. Our legal team handles all required filings and makes sure no deadline is missed.
How Insurance Companies Handle Pedestrian Accident Claims
Insurance companies handling pedestrian accident claims are focused on minimizing what they pay out. Insurance adjusters may contact you shortly after the accident, hoping to get a recorded statement or push a low settlement offer before you understand the full extent of your injuries.
When the insurance company refuses to offer fair compensation, your attorney can file a personal injury lawsuit and take the case to trial if necessary. Having an attorney who is prepared to go to court often leads to better settlement offers from insurers who want to avoid a verdict.
Insurance policy limits can also affect how much you are able to recover from the at-fault driver’s insurance alone. In cases where damages exceed those limits, our legal team looks for additional sources of compensation, including underinsured motorist coverage.
How Our Brooklyn Pedestrian Accident Lawyer Can Help
R. Ariel Poltielov is a Brooklyn pedestrian accident attorney who is committed to helping injured victims get justice and the maximum financial compensation. Our case results show what we can do for people during their time of need. Our Brooklyn pedestrian accident lawyer is ready to:
- Conduct a free, comprehensive review of your case;
- Investigate your pedestrian accident in Brooklyn, gathering evidence;
- Handle any settlement negotiations with insurers; and
- Take action to help you get the best possible outcome.
Local experience in handling pedestrian accidents is important when choosing an attorney, since familiarity with Brooklyn’s streets, courts, and insurance practices can make a real difference in how your case unfolds. Our attorneys know the high-foot-traffic corridors, common accident locations, and local court procedures.
Pedestrian Accidents in Brooklyn: Frequently Asked Questions (FAQs)
Is New York a no-fault state for pedestrian accidents?
Yes. The New York no-fault law applies to pedestrians struck by vehicles. No-fault benefits pay medical expenses and lost wages up to the statutory cap without requiring proof of driver negligence.
Do pedestrians always have the right of way in Brooklyn?
No. Pedestrians have the right of way in marked and unmarked crosswalks under many circumstances. Pedestrians must yield when crossing against a signal or outside a crosswalk
What is the statute of limitations for a pedestrian accident lawsuit in New York?
New York generally allows three years from the date of the accident to file a pedestrian injury lawsuit. Wrongful death claims must be filed within two years of the death. Do not wait. Speak to a Brooklyn pedestrian accident lawyer right away.
How does comparative negligence work in a Brooklyn pedestrian accident case?
New York follows a pure comparative negligence rule, which means injured pedestrians can still recover compensation even if they were partly at fault for the accident. If negligence contributed to the crash on both sides, your recovery is reduced by your percentage of fault. For example, if you are found 20 percent at fault, you can recover 80 percent of your total damages. Our legal team works to minimize any finding of fault on your part.
What should I ask a Brooklyn pedestrian accident attorney during a consultation?
Questions about an attorney’s pedestrian accident case history are important during consultations. Ask how many pedestrian accident cases they have handled, what their results look like, and whether they have experience with serious injuries specifically. Personal injury attorneys generally work on a contingency fee basis, which means you pay nothing unless they recover compensation for you. Confirm this arrangement before hiring anyone to handle your claim.
Contact Our Brooklyn Pedestrian Accident Attorney for a Free Case Review
At Poltielov Law Firm P.C., our Brooklyn pedestrian accident lawyer is an aggressive advocate for justice. Hurt in a pedestrian crash? We are more than ready to help. Give us a call now at 718-880-2911 or contact us online for a free consultation and no-obligation case review. We handle pedestrian accident injury claims in Brooklyn and throughout New York City.
Pedestrian accident victims deserve an attorney who will fight for fair compensation and not back down when insurance companies push back. Contact our legal team today to get started.