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Brooklyn Pedestrian Accident Attorney

New York is a walkable city and the sidewalks are often congested. For walkers, being on foot is sometimes very dangerous. Tens of thousands of people are injured in pedestrian accidents every year in New York, and many of those collisions happen right here in Brooklyn. The injuries incurred in these accidents always have the potential to be catastrophic and they require extensive medical attention. Accident victims also typically have to take some time away from work after a crash.

Determining fault after a pedestrian accident is very difficult. This is one reason why it is important to work with an experienced Brooklyn pedestrian accident attorney from the very beginning. Contact Silberstein, Awad & Miklos, P.C. today for a free consultation to review your case.

Pedestrian Traffic Laws in New York

New York’s pedestrian traffic laws are very strict. According to the law, motorists must yield to pedestrians in nearly every situation, and they must also do whatever they can to avoid colliding with pedestrians. In most cases, pedestrians have the right-of-way when they are in a crosswalk. However, pedestrians are still required to follow all traffic control signals, signs, and markings on the pavement. If you do not follow these laws, it could seriously impact your case. While you may still be able to recover damages, the amount you receive may be significantly reduced if it is found you were partly at fault.

Pedestrians also have the right-of-way when there is no traffic control device present. This is particularly true when they are in a crosswalk. In these instances, drivers must yield or they can be held liable for any damages and other losses the pedestrian sustained if they are hit. A Brooklyn pedestrian accident attorney can help you understand the nature and severity of your injuries, and help prove the driver was liable.

Do Pedestrians Always have the Right-of-Way?

It is a common misconception that pedestrians always have the right-of-way. This is not true. Pedestrians do have the right-of-way in many situations, but there are also times they may be found liable in a crash.

For example, a pedestrian may be waiting on the side of the road to cross the street and they are not in a crosswalk. If they become impatient, they may jump out into the road without looking, or while a car is coming but they do not have enough time to pass. In this instance, if the car hit the pedestrian, the person on foot may be found partly liable because they attempted to cross the street when it was unsafe to do so.

Even when pedestrians are in a crosswalk when they get hit by a vehicle, they may still be found partly liable. Although this is not as common, if the pedestrian darted out in front of traffic, particularly if there was no walk signal and they did not have the right to cross, the pedestrian may still be found at fault for the crash.

Understanding Contributory Negligence

This is one reason it is so important for all pedestrians to follow the laws of the state. When pedestrians are found even partly liable for an accident, it will greatly reduce the amount of compensation they receive. New York is a pure contributory negligence state. Under this law, if you are found partly at fault for a crash, you can still file a claim for damages but you will be assigned a certain amount of blame. Any damages you are awarded are then reduced by that same percentage of fault.

Due to the fact that New York operates on a model of pure contributory negligence, you can claim damages if you were 99 percent to blame for the crash, as long as the other party was at least one percent responsible for the crash. The other side is likely to try and raise this argument as a defense that can shield them from paying the full amount of damages you deserve. This is one reason it is so important to work with a Brooklyn pedestrian accident attorney. A lawyer will know how to refute these claims of fault so you claim the maximum compensation you need to recover.

Pedestrian Accidents vs. Taxis & Ridesharing Vehicles

Taxis and ridesharing vehicles often drive closer to the sidewalk than they should as they drop off and pick up passengers. These accidents are extremely complex because both types of vehicles are considered common carriers and they both involve different types of insurance policies. It is extremely important to contact a Brooklyn pedestrian accident attorney if you are hit by a taxi or ridesharing vehicle.

Common Injuries in Pedestrian Accidents

Collisions that involve a pedestrian and a vehicle are always extremely dangerous for those on foot, because pedestrians have zero protection. Some of the most common injuries pedestrians sustain in these crashes include:

  • Multiple broken bones that often require surgery
  • Abrasions and lacerations that have the potential to cause disfigurement
  • Dislocated and hyperextended joints
  • Sprained ligaments
  • Strained muscles or tendons
  • Traumatic brain injuries, such as concussions
  • Whiplash
  • Herniated and ruptured discs
  • Knee injuries
  • Shoulder injuries
  • Back and neck injuries
  • Spinal cord injuries, including paralysis
  • Amputations
  • Crush injuries
  • Nerve damage
  • Severe burns
  • Sensory loss
  • Psychological trauma

Not all injuries that result from a pedestrian accident are physical, such as psychological trauma. Not every injury resulting from a crash is readily visible either, such as nerve damage. Still, the law in New York allows accident victims to recover compensation for all of their injuries and losses. A Brooklyn pedestrian accident attorney can help ensure victims recover the full amount of compensation they deserve.

Get Legal Help Today

If you have been hurt in a crash, the experienced attorneys at Silberstein, Awad & Miklos, P.C. are here to help with your case. Contact us today to schedule a free consultation so we can review your claim.