New York City Pedestrian Accident Lawyer

Pedestrian Accident Lawyer in NYC

New York is a city of pedestrians. With a population of more than 8 million people living side by side in little more than 300 square miles, it is the most densely populated major city in the United States and the fourth most congested in terms of traffic.  Under these hectic conditions, many New Yorkers believe the hassles of having a car far outweigh the benefits, so they choose to meet their daily needs on foot.  Fortunately, New York is uniquely suited to doing so, ranking as the second most walkable city nationwide.

However, with so many people walking in such a busy urban environment, pedestrian accidents with motor vehicles are inevitable in New York City. And because pedestrians have much less protection than someone traveling in a motor vehicle, they are ten times more likely to die in a crash than is a vehicle’s driver or passenger. In fact, pedestrian accidents are among the top ten leading causes of injury-related hospital admissions for nearly all age groups in New York, with an average of 300 pedestrians killed statewide each year.

Even non-fatal collisions can inflict punishing injuries that may leave pedestrians overwhelmed with mounting medical bills and other expenses, possibly at a time when they are physically unable to work.

But if you have been wrongfully injured in a pedestrian accident, there is hope.  For more than three decades, the New York pedestrian accident lawyers at The Law Office of Richard M. Kenny have been helping innocent victims of negligence get the compensation they deserve.

For a free consultation with one of our accomplished pedestrian accident attorneys, please fill out the case evaluation form below or call us at (212) 421-0300.

Who Is at Fault for a Pedestrian Accident in New York?

With initiatives like Vision Zero and the New York City Pedestrian Safety Study & Action Plan, New York has made enormous strides in recent years protecting pedestrians and motorists from serious bodily harm. Following the implementation of more 20-mph zones and the installation of more than 1,500 new countdown pedestrian crossing signals, among other efforts, safety has increased dramatically for those traveling on foot throughout the city.  In light of these successes, the New York City Department of Transportation announced that “Our city is among the safest in the country for pedestrians, as we have less than half the number of fatal pedestrian accidents as in the next ten largest cities nationwide.”

Nevertheless, serious pedestrian accidents continue to occur in New York, sometimes with fatal consequences. New York City saw 118 pedestrian deaths in 2022 alone, a full eight years after the implementation of Vision Zero. Manhattan is the most dangerous of the five boroughs, with four times as many pedestrian accidents, but pedestrians also remain at risk in Brooklyn, Queens, Staten Island, and The Bronx.

While pedestrians are sometimes responsible for causing accidents through such actions as jaywalking, collisions with pedestrians are frequently the result of driver error. Some of the leading causes of pedestrian accidents include:

• Intoxication – The Centers for Disease Control and Prevention finds that alcohol use was a factor in 47 percent of fatal pedestrian accidents, with 19 percent involving a driver with a Blood Alcohol Concentration exceeding the legal limit of 0.08 percent.
• Distracted Driving – The New York State Department of Motor Vehicles reports that driver inattention is the cause of 21.3 percent of all pedestrian accidents. Distracted drivers are far more likely to disregard pedestrian signs and other traffic signals as well as to fail to see pedestrians traveling inside or outside of crosswalks.
• Failure to Yield Right of Way – Pedestrians have the right of way when crossing with a traffic light or sign within a crosswalk, and drivers have a heightened duty to watch out for pedestrians even outside of crosswalks. However, failure to yield to the right of way still accounts for 16.6 percent of total auto accidents and approximately 27 percent of deadly pedestrian crashes in New York.
• Speeding – Vehicle speeds are directly proportional with both the likelihood of a pedestrian getting struck by a car or truck and the severity of any injuries that result.
• Poor Visibility – Drivers need to keep their lights on during inclement weather and make sure to approach curves carefully so as not to miss people who may be crossing the road.

If it can be proven that a driver caused a pedestrian accident by texting while driving, attempting to turn while the walk signal was lit, or engaging in some other negligent behavior, you may be entitled to recover financial compensation for your medical expenses, lost income, and non-economic damages like pain and suffering.  Call (212) 421-0300 or complete our free consultation form below to speak with a New York pedestrian accident lawyer at The Law Office of Richard M. Kenny today.

A Driver’s Duty of Care to Pedestrians

Any driver who is operating a vehicle around a pedestrian has a duty to do so with reasonable care for the safety of that pedestrian. In fact, failure to exercise reasonable care in this type of situation may be classified as negligence and can be legally punished as such.  Driver negligence can include:

• Neglecting to signal while turning or changing lanes
• Failing to yield the right of way to pedestrians
• Driving under the influence of drugs or alcohol
• Disobeying traffic signs and signals
• Disregarding weather conditions
• Ignoring traffic patterns
• Inattentiveness
• Preoccupation
• Speeding

Additionally, drivers have a heightened duty of care for children between the ages of five and nine.  Because children in this cohort are the most at risk of being hit by a motor vehicle on the road, a special set of precautions must be applied when driving in their presence.  Any driver operating his or her vehicle around young children will be expected to exercise greater caution when doing so, especially in school zones and residential districts where very young pedestrians are likely to be.

What Should You Do After a Pedestrian Accident in New York City?

In the immediate aftermath of a pedestrian accident in New York City, there are a number of actions you should take to ensure that your safety and well-being are protected.  Failure to act appropriately following an accident could also negatively impact any potential case you may have against the liable party or parties.

If you are involved in a New York pedestrian accident, remember to:

• Remain at the Scene – You should never leave the scene of an accident until help has arrived, nor should anyone else involved. Leaving early could allow the other party to blame you for the pedestrian accident or deny that it even happened in the first place.
• Contact Your Local Law Enforcement Agency – The police will take down witness statements and file an accident report, which can serve as an official record of the incident for future insurance claims or legal actions. Always make sure to tell the officer your version of what happened because an inaccurate report could harm your personal injury case.
  • Name
  • Address
  • Phone number
  • Email
  • Driver’s license
  • Insurance company and policy number
  • License plate
  • Vehicle year, make, and model

Additionally, if there are any witnesses to the pedestrian accident, please be sure to get their contact information as well.  Many claims become a matter of your version versus the defendant’s, so independent verification can go a long way towards establishing the validity of your case.

• Seek Medical Attention – Get treatment from a medical professional as soon as possible, ideally from an emergency responder at the scene. Any delays or gaps in care could hinder your recovery and create an opening for the at-fault insurance carrier to question the extent of your injuries and their causal relationship to the pedestrian accident. With that in mind…
• Avoid Talking to the Insurance Company – Any statements you give to an insurance adjuster about your accident can be used against you, so avoid talking to any representatives of the liable party’s insurance company until you…
• Speak to an Attorney – A knowledgeable attorney, like the New York pedestrian accident lawyers at The Law Office of Richard M. Kenny, can examine the facts of your case, advise you of your rights under the law, and determine the best course of action to be made on your behalf. We represent injured pedestrians as well as family members in fatal pedestrian accident cases.

What Our Pedestrian Accident Attorneys Can Do for You

If you choose to retain our firm, we will immediately initiate an investigation to identify everyone who may be responsible for your pedestrian accident and pursue them within the time allotted by law, known as the Statute of Limitations.  Failure to file a lawsuit or otherwise resolve a claim before the Statute elapses could forever bar you from obtaining full compensation for your losses.

Once we have assembled the evidence needed to build the strongest case possible, we will attempt to negotiate a settlement with the at-fault parties and their insurance companies that reflects the totality of your losses.  If we do not receive an offer that is reasonable under the circumstances, we are more than willing to take your case before a judge or jury.  Unlike many of our competitors, who rarely, if ever, see the inside of a courtroom, we have fought for hundreds of clients at trials throughout Manhattan, Queens, Brooklyn, and the Bronx.

If you are worried about incurring additional expenses in the wake of your pedestrian accident, you should also know that it will cost you nothing up front to hire us because we work on a contingency fee basis.  Only when our New York pedestrian accident lawyers successfully resolve your case will we take reimbursement for our out-of-pocket costs and a fee for our services, usually as a percentage of the total compensation package received.

A pedestrian accident case can be overwhelming, with many seemingly insurmountable obstacles standing between you and justice.  Let The Law Office of Richard M. Kenny focus on overcoming these obstacles for you so you can focus on making yourself well again.

What Compensation Is Available for a New York Pedestrian Accident?

The compensation available for a New York pedestrian accident depends upon a number of factors, including the facts leading up to the incident, the insurance coverage and assets of the defendants, and the nature and extent of your injuries.  Generally, any verdict or settlement you receive may reflect:

• Medical Expenses – You may seek reimbursement for bills associated with your hospitalization, surgeries, prescription drugs, therapy regimens, assistive devices, and past, current, and future medical treatment.
• Lost Wages – You may be able to recover for wage loss incurred because your injuries prevented you from working. You might also seek compensation if permanent physical impairment negatively impacts your long-term earning potential.
• Pain and Suffering – Non-economic diminishments to your quality of life may also be taken into account, such as physical discomfort or emotional and psychological trauma.
• Loss of Consortium – New York law permits the spouse of a pedestrian accident victim to seek financial damages for any deprivation of the benefits of an intimate relationship secondary to injury.
• Punitive Damages – Courts sometimes impose additional financial penalties on defendants whose actions rise to the level of “willful or wanton negligence” or a “high degree of moral turpitude” in order to discourage similar misconduct from others.

No two pedestrian accidents are exactly the same, but rest assured that The Law Office of Richard M. Kenny will always endeavor to get you compensated for all of the losses you have sustained.

CONTACT A NEW YORK CITY PEDESTRIAN ACCIDENT LAWYER TODAY, CALL (212) 421-0300

A pedestrian accident can be a life-changing event.  A single act of carelessness can quickly put you and your family on the brink of financial ruin, but The Law Office of Richard M. Kenny is here to pull you back from the brink.

With more than a century of combined experience and over $350 million recovered for our clients, our New York pedestrian accident lawyers know how to get results. Call us at (212) 421-0300 or fill out the case evaluation form below to schedule a free consultation with a dedicated pedestrian accident attorney.  You can learn whether you have grounds for a personal injury claim and what you should expect if you decide to take action.  Let us put our skill and dedication to work for you – call or email us today!