Protecting Your Rights After Being Hit by a Vehicle
New York City has always been a dangerous place to get around if you are on foot. In 2022 alone, there were 118 pedestrians killed in accidents on the city’s streets. That actually represents “good” news as it was slightly below the number of similar deaths reported just three years earlier and a substantial drop from the modern record of 377 pedestrian deaths in 1989.
Still, even in non-fatal accidents, when a pedestrian is hit by a car they often sustain serious, life-threatening injuries that will require thousands of dollars in medical care. In some cases, a pedestrian may be left in a condition where they are unable to work or care for themselves. So when such accidents are the result of driver negligence–as is often the case–the pedestrian and their family have the right to demand justice.
The New York City pedestrian accident lawyers at Poltielov Law Firm P.C., can represent you in seeking compensation for such injuries and other legal damages. Our team represents pedestrians who have been hurt by reckless drivers who think they own the city’s streets. We can help you in building a personal injury case and dealing with insurance companies that attempt to deny responsibility for your accident.
If you were injured in a pedestrian accident in Queens, our Queens pedestrian accident lawyer is here to help. We understand the physical, emotional, and financial toll these accidents take on victims and their families. Our experienced pedestrian accident lawyer has a proven track record of helping accident victims recover the compensation they deserve.
Common Causes of Pedestrian Accidents in Queens
Understanding what leads to pedestrian accidents can help prevent future tragedies and establish liability in your case. Many pedestrian accident cases involve drivers who fail to exercise proper care around crosswalks and intersections. Distracted driving is one of the leading causes, with drivers texting, talking on phones, or focusing on navigation systems instead of watching for pedestrians.
Other common causes include drivers who speed through residential areas, fail to yield at traffic signals, or run red lights. Drivers who are impaired by alcohol or drugs pose a serious threat to pedestrian safety. Poor visibility during nighttime hours, bad weather conditions, and inadequate street lighting also contribute to many pedestrian accident cases.
When Drivers Fail to Yield the Right of Way
Pedestrians have the right of way in marked crosswalks and at intersections throughout Queens. However, drivers fail to respect these rights regularly, leading to serious pedestrian accidents. Left-turning vehicles are particularly dangerous, as drivers often focus on oncoming traffic rather than checking for pedestrians in the crosswalk.
Drivers making right turns on red lights frequently strike pedestrians who are legally crossing the street. These accidents occur because drivers are looking for a gap in traffic rather than checking the crosswalk first. A negligent driver who fails to yield can be held responsible for all damages resulting from a pedestrian accident.
Common Injuries Sustained in Queens Pedestrian Accidents
Pedestrian accident injuries are often severe because pedestrians have no protection when struck by a vehicle. Common pedestrian accident injuries include traumatic brain injury, which can occur even when a pedestrian is not directly struck in the head. The force of being thrown to the ground or striking a vehicle can cause serious brain injuries with lasting effects.
Spinal cord injuries are another catastrophic result of pedestrian accidents, potentially leading to partial or complete paralysis. These injuries require extensive medical treatment and often result in permanent disability. Broken bones, especially in the legs, pelvis, and hips, are extremely common when a pedestrian is struck by a car.
Common injuries also include internal bleeding, which may not be immediately apparent but can be life-threatening without prompt treatment. Soft tissue injuries, lacerations, and road rash can cause significant pain and scarring. The psychological trauma from being hit by a vehicle can be just as debilitating as physical injuries, leading to anxiety, depression, and post-traumatic stress disorder.
Long-Term Effects of Pedestrian Accident Injuries
Many common injuries sustained in pedestrian accidents require months or even years of recovery. Future medical care needs may include ongoing physical therapy, surgeries, rehabilitation, and assistive devices. Some pedestrian accident victims never fully recover and must learn to live with permanent limitations on their mobility and independence.
Emotional trauma can persist long after physical injuries heal, affecting victims’ ability to work, maintain relationships, and enjoy daily activities. Understanding the full scope of these injuries is important when calculating the compensation you deserve. Our Queens pedestrian accident attorney works with medical experts to document both current and future medical needs.
How Does New York’s “No-Fault” Rules Affect Pedestrians Hit By Cars?
All automobiles registered in New York must carry a minimum amount of insurance. Under New York’s “no-fault” insurance laws, if an insured vehicle hits a pedestrian, the driver’s insurance company must pay up to $50,000 in economic damages to the pedestrian. Economic damages include the pedestrian’s medical bills and up to $2,000 per month in lost income. The no-fault insurer is not responsible for any non-economic damages, such as the injured pedestrian’s pain and suffering.
In certain cases, a pedestrian accident victim can step outside of the no-fault system (and the $50,000 cap) and demand full compensation for their economic and non-economic damages. The law requires proof that the pedestrian suffered a serious injury, such as a broken bone, substantial disfigurement, or a permanent impairment or substantial limitation of a body function, organ, or limb.
Of course, many drivers will turn around and try to blame the pedestrian for the accident, e.g., “They ran right in front of my car before I had a chance to stop!” New York follows a pure comparative negligence rule in personal injury cases. This means that should a case go to trial, the judge or jury must apportion the relative fault of all parties in terms of percentages. Any final award of damages is then reduced accordingly to account for the plaintiff’s relative fault, if any.
The no-fault system covers initial medical bills but often falls short of compensating pedestrian accident victims for the full extent of their losses. When your injuries exceed the no-fault limits or meet the serious injury threshold, filing a pedestrian accident claim against the at-fault party becomes necessary. Our pedestrian accident attorney helps you understand which option provides the best path to fair compensation.
Why Immediate Action Matters After a Pedestrian Accident
Taking the right steps immediately after a pedestrian accident in Queens can significantly impact your ability to recover compensation. First and foremost, seek immediate medical attention even if you believe your injuries are minor. Some serious injuries like internal bleeding or traumatic brain injury may not show symptoms right away, and delayed treatment can worsen your condition and weaken your claim.
Call 911 to report the accident and request medical help. The police report created by responding officers provides important documentation of the accident scene, witness statements, and the officer’s observations. This report becomes a key piece of evidence when building your pedestrian accident claim.
If you are physically able, gather evidence at the accident scene. Take photos of the location, traffic signals, crosswalk markings, your injuries, and the vehicle that struck you. Get insurance details and contact information from the driver, and collect names and phone numbers from any witnesses who saw what happened.
Preserving Evidence in Your Case
Physical evidence from the accident scene can disappear quickly as cars are repaired, roadways are cleaned, and memories fade. Your Queens pedestrian accident lawyer will work to preserve important evidence including traffic camera footage that may have captured the accident. We also obtain accident reconstruction reports that demonstrate exactly how the pedestrian accident occurred and who was responsible.
Medical records documenting your injuries and treatment provide proof of the harm you suffered. Police reports and witness statements corroborate your version of events and help establish the at-fault party’s negligence. The sooner you contact a pedestrian accident attorney, the easier it becomes to gather evidence and build a strong case.
Compensation Available in Pedestrian Accident Cases
Pedestrian accident victims deserve full compensation for all losses resulting from their injuries. Economic damages include medical expenses for emergency treatment, hospitalization, surgery, and rehabilitation. Future medical costs for ongoing care, physical therapy, and assistive devices should also be included in your claim.
Lost wages compensate you for income missed due to your injuries, including time off work for medical appointments and recovery. If your injuries prevent you from returning to your previous job or reduce your earning capacity, you can seek compensation for future lost earnings. These economic losses can be substantial, especially in cases involving permanent disability.
Non-economic damages address the intangible ways a pedestrian accident affects your life. This includes compensation for physical pain, emotional distress, loss of enjoyment of life, and psychological trauma. In the most tragic cases, families can pursue wrongful death claims when a pedestrian accident results in the loss of a loved one.
Fighting Insurance Companies for Maximum Compensation
Insurance companies often try to minimize payouts to pedestrian accident victims by disputing the severity of injuries or claiming the pedestrian shares fault. Insurance adjusters may pressure you to accept a quick settlement that fails to cover your future needs. Our legal team knows how to fight insurance companies and their tactics to secure the maximum compensation you deserve.
We handle all negotiations with insurance companies and will not accept a settlement that undervalues your claim. If the insurance company refuses to offer fair compensation, we are prepared to file a personal injury lawsuit and take your case to court. Our Queens pedestrian accident attorney has the experience and resources to pursue justice through trial when necessary.
How Our Queens Pedestrian Accident Attorney Can Help Your Case
Working with an experienced pedestrian accident lawyer significantly improves your chances of receiving fair settlement offers. Our law firm handles every aspect of your pedestrian accident claim while you focus on healing. We investigate the accident thoroughly, gathering all evidence needed to prove liability and damages.
Our personal injury attorneys work with accident reconstruction experts, medical specialists, and other professionals who can strengthen your case. We calculate the full value of your claim, including both current losses and future needs that may not be immediately obvious. This comprehensive approach ensures you seek compensation for all damages, not just initial medical bills.
We guide you through the legal process, explaining your options and answering your questions every step of the way. From filing insurance claims to negotiating settlements to representing you in court if necessary, our legal team is committed to protecting your legal rights. You can trust us to handle your Queens pedestrian accident case with the attention and dedication it deserves.
Our Proven Track Record of Success
Our law firm has successfully represented numerous pedestrian accident victims throughout Queens and New York City. We have recovered millions of dollars in compensation for clients injured by negligent drivers. Our proven track record demonstrates our commitment to achieving the best possible outcomes for every client we serve.
Understanding Liability in Pedestrian Accident Cases
Determining who is liable for a pedestrian accident requires careful investigation and analysis of all facts. In most cases, the driver who struck the pedestrian bears primary responsibility, especially when they violated traffic laws or failed to exercise reasonable care. However, other parties may share liability depending on the circumstances.
Government entities can be held responsible when poor road design, inadequate traffic signals, or lack of proper crosswalk markings contribute to pedestrian accidents. Vehicle manufacturers may be liable if a defect caused the driver to lose control. In some cases, employers can be held accountable when their employees cause pedestrian accidents while working.
New York law allows victims to pursue compensation from all parties who contributed to their injuries. Even if a pedestrian shares some fault for the accident, they can still recover compensation reduced by their percentage of responsibility. Our Queens pedestrian accident lawyer works to minimize any fault attributed to you and maximize your recovery from all liable parties.
When an Uninsured Driver Causes Your Injuries
Being struck by an uninsured driver complicates the process of recovering compensation but does not eliminate your options. Your own auto insurance policy may include uninsured motorist coverage that applies to pedestrian accidents. This coverage can provide compensation when the at-fault party has no insurance or insufficient coverage.
If you do not have uninsured motorist coverage, you may still pursue a personal injury claim directly against the uninsured driver. While collecting from an uninsured defendant can be challenging, our pedestrian accident attorney explores all possible avenues for recovery. We work to identify any other parties who may share liability and any applicable insurance policies.
The Legal Process for Pedestrian Accident Claims
Understanding the legal process helps you know what to expect as your case progresses. The process typically begins with seeking immediate medical attention and reporting the accident to the police. Your pedestrian accident lawyer then investigates the accident, gathers evidence, and identifies all liable parties and applicable insurance policies.
We file insurance claims with the driver’s insurance company and your own no-fault carrier to cover initial medical expenses. If your injuries meet the serious injury threshold, we build a comprehensive personal injury claim that includes all economic and non-economic damages. This involves collecting medical records, accident reports, witness statements, and expert opinions to support your case.
Most pedestrian accident cases settle through negotiations without going to trial. However, if the insurance company refuses to offer a fair settlement, we are prepared to file a lawsuit and present your case in court. Throughout this process, your Queens pedestrian accident attorney keeps you informed and involved in all important decisions.
Frequently Asked Questions About Pedestrian Accidents in Queens
What should I do immediately after being hit by a car in Queens?
Your first priority is getting medical attention for your injuries, even if they seem minor at first. Call 911 to report the accident and request both police and medical assistance. If you are able, try to gather evidence, including photos of the accident scene, the vehicle, your injuries, and any relevant traffic signals or crosswalk markings. Get the driver’s insurance details and contact information, along with the names and phone numbers of any witnesses. Do not admit fault or make detailed statements about what happened to the driver or their insurance company. Contact a Queens pedestrian accident lawyer as soon as possible to protect your legal rights and begin the process of seeking compensation.
How long do I have to file a pedestrian accident claim in New York?
New York law generally gives you three years from the date of the pedestrian accident to file a personal injury lawsuit. However, you have much shorter deadlines for filing no-fault insurance claims and notifying the at-fault driver’s insurance company. Waiting too long can result in losing your right to recover compensation entirely. Starting the legal process early gives your pedestrian accident attorney more time to investigate and build a strong case. Evidence can disappear, witnesses’ memories fade, and important documents may become harder to obtain as time passes. Contact our law firm promptly after your accident to ensure all deadlines are met and your claim is properly preserved.
Can I recover compensation if I was jaywalking when the accident occurred?
Yes, you can still seek compensation even if you were jaywalking when a pedestrian accident occurred. New York’s comparative negligence rule allows you to recover damages reduced by your percentage of fault. While jaywalking may be used by the defense to argue you share some responsibility, it does not automatically bar your recovery. Many factors affect liability beyond whether you were in a crosswalk. If the driver was speeding, distracted, or intoxicated, their negligence likely played a more significant role in causing the accident. An experienced pedestrian accident lawyer will gather evidence showing the driver’s actions were the primary cause and work to minimize any fault attributed to you.
What if the driver who hit me left the scene of the accident?
Hit-and-run pedestrian accidents are unfortunately common in Queens and throughout New York City. Even when the at-fault party cannot be identified, you still have options for recovering compensation. Your own auto insurance policy’s uninsured motorist coverage may apply to hit-and-run accidents involving pedestrians. The police may be able to locate the driver through witness descriptions, traffic camera footage, or other evidence. Your Queens pedestrian accident attorney will work with law enforcement and conduct an independent investigation to try to identify the responsible party. We also explore all other potential sources of compensation to ensure you receive the medical treatment and financial support you need.
How much is my pedestrian accident case worth?
The value of your pedestrian accident claim depends on the severity of your injuries, the extent of your financial losses, and how the accident affects your daily life. Cases involving permanent disability, wrongful death, or catastrophic injuries typically result in higher compensation than minor injury cases. Factors we consider include medical expenses, lost wages, future medical needs, pain and suffering, and emotional trauma. During a free consultation, our pedestrian accident attorney can evaluate your specific situation and provide an estimate of what compensation you may be entitled to receive. We calculate both immediate costs and long-term expenses to ensure your claim reflects the full impact of the accident. Our goal is to seek maximum compensation that addresses all aspects of your physical, emotional, and financial recovery.
Do I really need a lawyer for my pedestrian accident case?
While you are not legally required to hire a lawyer, working with a Queens pedestrian accident attorney significantly improves your chances of receiving fair compensation. Insurance companies have teams of lawyers and adjusters working to minimize payouts, and they often take advantage of unrepresented accident victims. A pedestrian accident requires skilled legal representation to ensure your rights are protected and your claim is properly valued. Our personal injury attorneys handle all aspects of your case, from investigating the accident to negotiating with insurance companies to representing you in court if necessary. We work on a contingency fee basis, meaning you pay nothing unless we win your case. This allows pedestrian accident victims to access quality legal representation regardless of their financial situation.
What types of damages can I recover in a pedestrian accident lawsuit?
You can seek compensation for both economic and non-economic damages resulting from your pedestrian accident. Economic damages include all medical expenses, from emergency treatment to future medical care and physical therapy. Lost wages and reduced earning capacity are also recoverable, along with any costs for assistive devices, home modifications, or other necessary accommodations. Non-economic damages compensate you for pain, suffering, emotional distress, and loss of enjoyment of life. If your injuries result in scarring, disfigurement, or permanent disability, these factors increase the value of your non-economic damages. In wrongful death cases, families can seek compensation for funeral expenses, loss of financial support, and loss of companionship.
Contact Poltielov Law Firm P.C. Today
New York’s no-fault insurance rules often fail to fully compensate pedestrian accident victims for their injuries–assuming the insurance company even bothers to pay a claim in the first place. That is why it is important to work with an experienced New York City pedestrian accidents attorney who can review all of your potential options for seeking compensation. Contact Poltielov Law Firm P.C. or call us now at 718-880-2911 to schedule an initial consultation with a member of our team.