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Pedestrian Accident Attorney NYC
Walking is a great way to get around New York City. Unfortunately, even though it is good for the environment and a great form of exercise, it is also very dangerous. New York City consistently ranks as one of the worst places for pedestrians, and those on foot face many risks when they are out. Even though Governor Cuomo’s Vision Zero plan has greatly reduced the number of pedestrian accidents in the city, too many pedestrians continue to become hurt on the streets. If you or someone you love has been injured or killed in a crash, contact an experienced NYC pedestrian accident attorney from Silberstein, Awad & Miklos, P.C. today.
Why Should You Call a Lawyer After a Pedestrian Accident?
After a car or other vehicle hits you and you become injured as a result, you may think about filing a claim on your own. However, there are many reasons why you should work with a NYC pedestrian accident attorney.
It is sometimes difficult to determine liability after a pedestrian accident. While you may know which driver hit you, the crash could have been due to defective brakes in the vehicle. Or, someone else could have cut the driver off, making them partly liable for the accident as well. A lawyer will conduct a full investigation to determine who was at fault, so they can be held accountable for paying the damages you deserve.
Lawyers are also very effective when negotiating with the insurance company for a fair settlement. Insurers will try to get away with paying you as little as possible so they can retain more of their profits. Although a representative may act as though they are your friend and are on your side, they are not. A lawyer will understand the tactics insurance companies use and will not allow them to hurt your claim. Instead, a lawyer will hold the appropriate insurance company liable for paying the damages you need for your recovery.
There is a chance that the liable party will try to blame you at least in part for the accident. They do this to reduce your compensation because they do not want to pay a fair settlement. A lawyer can help to refute these claims and defend against them so you do not lose any compensation.
The above are just a few ways a pedestrian accident attorney in NYC will help with your claim. They will also guide you through the entire process while protecting your claim every step of the way.
Who is Liable for a Pedestrian Accident?
Determining liability after a pedestrian accident is very difficult. Multiple parties may be liable including:
- A driver of a passenger vehicle
- Bus drivers and transit companies
- Employers of liable parties
- Operators of mopeds and electric scooters
- Manufacturers of defective products
- Government agencies
Contrary to what many people believe, the pedestrian who was injured during the crash can also be held responsible. It is extremely difficult to identify all parties at fault for a pedestrian accident, particularly when you are trying to recover from serious injuries. A lawyer will know how to determine who was liable for the crash and collect evidence that proves it.
Common Causes of Pedestrian Accidents
Any negligent action drivers take behind the wheel can result in a pedestrian accident. Some of the most common behaviors that cause pedestrian accidents include:
- Distracted driving: When motorists are looking at their phone, they take their eyes off the road and may not see a pedestrian before they crash into them. Talking and texting on a phone is not the only form of distraction though. Rowdy passengers, adjusting controls in the vehicle, and eating and drinking are all also forms of distracted driving.
- Impaired driving: Impaired driving can cause a driver to lose focus on the road and can interfere with their perception. Impaired driving also causes drivers to exercise poor judgment.
- Aggressive driving: Aggressive driving includes tailgating, changing lanes too quickly, and trying to cross an intersection before a traffic light turns red. All of these behaviors can easily cause a pedestrian accident.
- Fatigued driving: Drivers who operate a vehicle while drowsy may not focus on the road properly, and a drowsy driver may also fall asleep behind the wheel.
- Unsafe turns: Drivers must always look where they are turning. When a pedestrian is crossing the road legally and a driver fails to see them when turning, it may be too late before the driver realizes the pedestrian was there.
- Failing to yield: The sad truth is that many drivers simply do not respect a pedestrian’s right to use the road. When drivers refuse to yield right-of-way to pedestrians, they may cause a crash.
Sadly, these are just a few of the most common ways pedestrians become hurt when trying to share the road with drivers. A pedestrian accident lawyer in NYC can determine how the crash happened, so you know who to hold liable.
What Happens when a Pedestrian Contributed to the Accident?
Many people think that when a car and a pedestrian crash on the road, it is always the driver that is at fault. That is not true. Pedestrians must also follow certain rules of the road, such as crossing at crosswalks and not darting out in front of traffic. When pedestrians break the law and that contributes to the accident, the amount of damages they can receive may be reduced.
New York is one of several states that follows a model of pure comparative fault. This law states that when an accident victim is found to have contributed to an accident, they can also be held liable. If awarded any damages, the pedestrian will also be assigned a percentage of guilt. The compensation they are awarded can then be reduced by that percentage.
Get Legal Help Today
If you or a loved one has been injured in a crash, contact our NYC pedestrian accident attorneys today. At Silberstein, Awad & Miklos, P.C., our attorneys have the necessary experience to determine how the crash happened and hold the liable party accountable for the maximum damages you deserve. Contact us today to request a free consultation with one of our skilled attorneys.