As personal injury lawyers in New York City, we witness firsthand the devastating impact of pedestrian knockdown accidents. These incidents not only cause physical harm to victims but also disrupt their lives and their families’ lives, leaving them grappling with medical bills, lost wages, and emotional trauma. At Grandelli & Eskenasi, we have successfully handled countless pedestrian accident claims throughout the City and surrounding counties.
What Are Pedestrian Knockdown Accidents?
Pedestrian knockdown accidents occur when a vehicle strikes a pedestrian, often resulting in serious injuries or fatalities. In New York City, these accidents are unfortunately far too common due to the high volume of traffic and dense population. While the city has implemented safety measures to reduce these incidents, pedestrian accidents remain a significant concern requiring immediate legal attention.
Understanding your rights after a pedestrian accident is crucial for securing fair compensation and holding negligent drivers accountable.
Legal Framework for Pedestrian Accident Claims in New York
Successfully pursuing pedestrian accident claims requires demonstrating that the driver was negligent. This involves proving the driver failed to exercise reasonable care, which could include:
- Failing to yield the right of way to pedestrians
- Running red lights or stop signs
- Making unsafe turns
- Distracted driving or texting while driving
Building a strong case requires comprehensive evidence gathering, including police reports, witness statements, and surveillance footage. Social media as evidence has become increasingly important, as posts, photos, and location data can provide crucial proof of the accident circumstances.
New York’s Pedestrian Protection Laws
New York case law provides significant protections to pedestrians, especially when they’re in crosswalks with favorable traffic signals. Our car accident lawyers have achieved remarkable success winning summary judgment motions on these cases throughout New York. Summary judgment is awarded when we can prove the accident resulted solely from the driver’s negligence.
Critical Filing Deadlines for Pedestrian Accident Claims
Time is of the essence in pedestrian accident cases. Missing legal deadlines can permanently bar your right to compensation:
- General statute of limitations: Three years from the accident date
- Municipal entity claims: Notice of Claim must be filed within 90 days
- Insurance notifications: Immediate reporting required to preserve coverage
For victims considering a pedestrian accident lawsuit, consulting experienced legal counsel immediately ensures all deadlines are met and evidence is preserved.
Common Challenges in Pedestrian Accident Cases
Serious Injuries and Long-Term Impact
Pedestrians are vulnerable to severe injuries when struck by vehicles, including fractures, spinal cord injuries, and traumatic brain injuries. These injuries often require extensive medical treatment and can result in permanent disabilities affecting victims’ quality of life and earning capacity.
Insurance System Complexities
Navigating New York’s no-fault insurance system can be overwhelming, especially when dealing with multiple insurance companies. Understanding coverage options, including uninsured/underinsured motorist protection, is essential for maximizing recovery.
Hit-and-Run Scenarios
If you’re involved in a hit-and-run incident, your pedestrian accident claims aren’t hopeless. You may be eligible to file a claim with your own insurance carrier under uninsured/underinsured coverage, providing another avenue for compensation.
Why Professional Legal Representation Matters
Having experienced legal representation is vital for successful pedestrian accident claims. A skilled Staten Island accident lawyer or attorney serving other NYC boroughs can:
- Conduct thorough accident investigations to gather compelling evidence
- Negotiate aggressively with insurance companies for fair settlements
- Represent your interests in court when necessary
- Navigate complex legal procedures and deadlines
Our team at Grandelli & Eskenasi understands the intricacies of New York pedestrian law and has the resources to build winning cases for our clients.
Key Takeaways:
- File your pedestrian accident claims within three years, or 90 days for municipal cases
- Evidence collection, including social media posts, is crucial for proving driver negligence
- Professional legal representation significantly improves your chances of maximum compensation
Get the Legal Support You Deserve
If you or a loved one has been injured in a pedestrian accident, you need experienced advocates to fight for your rights. Our proven track record of successful pedestrian accident claims speaks to our commitment to securing justice for injury victims. Schedule your free consultation today.
What compensation can I receive from pedestrian accident claims?
You may recover medical expenses, lost wages, pain and suffering, and future care costs depending on your case specifics.
How long do I have to file a pedestrian accident lawsuit in New York?
Generally three years from the accident date, but municipal claims require a Notice of Claim within 90 days.
Can I still file a claim if I was partially at fault for the accident?
Yes, New York’s comparative negligence law allows recovery even if you bear some responsibility, though your compensation may be reduced proportionally.
