Were you injured in a pedestrian accident? Being your advocate should start immediately after any serious traffic incident. When it comes to your rights, you must be proactive, especially when dealing with insurance companies and determining fault, and contact a pedestrian accident lawyer.
Even if the driver or insurance company claims you were partially at fault, you may still be entitled to significant compensation under New York law. Let’s dive in more into why you might want to talk to a pedestrian accident lawyer and a team about your options.
Pedestrian Accident Statistics in New York
According to the New York State Department of Transportation and traffic safety research, the statistics surrounding pedestrian accidents reveal alarming trends:
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645 pedestrians were seriously injured in New York City in the first nine months of 2024, representing a 13% increase from 2023
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193 people were killed in traffic crashes in NYC during the first nine months of 2024, with traffic violence killing a New Yorker every 34 hours
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23% of all motor vehicle accidents resulted in a pedestrian death in New York State in 2020, making pedestrian fatalities nearly one-quarter of all traffic deaths
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About 300 people die each year as pedestrians in New York State, with more than 15,000 suffering injuries, and over 3,000 requiring hospitalization
Studies show that Brooklyn and Queens consistently see the highest number of pedestrian accidents due to their dense population and wide arterial roads where drivers often travel at higher speeds. The statistics demonstrate that pedestrian safety remains a critical concern throughout New York State.
Types of Pedestrian Accidents
There are several main types of pedestrian accidents, each with different liability considerations and injury patterns:
Crosswalk Accidents: These occur when drivers fail to yield to pedestrians in marked crosswalks, as required by New York Vehicle and Traffic Law § 1151. Drivers must yield the right-of-way to pedestrians lawfully within crosswalks.
Intersection Accidents: Turning vehicles striking pedestrians at traffic signals, often involving right-turn-on-red violations or failure to check for pedestrians when making turns.
Sidewalk Accidents: Vehicles leaving the roadway and striking pedestrians on sidewalks, often involving driver impairment, medical emergencies, or loss of vehicle control.
Backing Accidents: Vehicles in reverse striking pedestrians in parking lots, driveways, and other areas where pedestrians may not be easily visible to drivers.
Each type of accident requires careful investigation to determine fault and liability, considering factors such as traffic signals, visibility conditions, and compliance with traffic laws.
Delayed Treatment of Pedestrian Accident Injuries Can Have Serious Consequences
Unfortunately, pedestrian accident injuries can be misdiagnosed or their severity underestimated in emergency situations. This is why it is important to stress that pedestrian accident victims should seek immediate medical attention and consult a pedestrian accident lawyer promptly.
Delays in treating pedestrian injuries can have devastating results. The significant size and weight difference between vehicles and pedestrians often results in severe trauma. The most common injuries include:
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Traumatic brain injuries from head impact with vehicles or pavement, which may not be immediately apparent
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Spinal cord injuries and paralysis from the force of impact and subsequent falls
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Multiple bone fractures and orthopedic injuries requiring extensive surgical repair and rehabilitation
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Internal organ damage and bleeding that may not be immediately diagnosed
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Long-term disability and reduced quality of life affecting work capacity and daily activities
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Wrongful death in severe cases where medical intervention cannot save the victim
Even seemingly minor pedestrian accidents can result in serious injuries due to the physics involved when a vehicle strikes a human body. What appears to be a minor injury at the scene may later develop into a serious medical condition requiring ongoing treatment.
Janet Izzo and Josh Gillette of Gillette & Izzo Law Office understand that pedestrian accident cases require immediate action to preserve evidence and protect your rights. They will guide you through dealing with insurance companies while you focus on recovery. Documenting your injuries, medical treatment, and impact on your life provides crucial evidence for your pedestrian accident claim.
Knowledge of your rights under New York law is power when facing insurance companies.
New York’s no-fault insurance law under New York Insurance Law Article 51 provides up to $50,000 in benefits regardless of fault, but this may not cover your full damages. Additionally, New York Vehicle and Traffic Law § 605 requires accident reports when injuries occur. Janet Izzo and Josh Gillette understand New York’s complex motor vehicle laws and will ensure your rights are protected from day one.
Discuss Your Legal Options With A Pedestrian Accident Lawyer
Following a pedestrian accident, you have important legal rights under New York law. The state’s comparative negligence system means you can recover damages even if you bear some fault for the accident. New York CPLR Article 14-A governs how damages are apportioned based on comparative fault.
Discuss your situation with a lawyer at Gillette and Izzo Law Office in Syracuse by calling 315-421-1000 or you can contact us through our online form.
We represent our clients with pedestrian accident claims on a contingency fee basis. You only pay legal fees if we recover compensation in your case. Our experience includes cases involving:
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Crosswalk accidents and right-of-way violations
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Intersection accidents involving turning vehicles
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Distracted driving and cell phone use accidents
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Drunk driving and impaired motorist cases
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Hit-and-run accidents with uninsured motorist claims
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Municipal liability for dangerous road conditions
Understanding New York’s No-Fault Insurance System
New York’s no-fault insurance system provides important benefits to pedestrian accident victims, but understanding how it works is crucial for protecting your rights:
Immediate Benefits Available:
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Medical expenses and rehabilitation costs
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Lost earnings up to $2,000 per month for up to three years
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Essential services benefits up to $25 per day for necessary household services
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Death benefits for surviving family members
When You Can Sue Beyond No-Fault:
Under New York Insurance Law § 5102(d), you can pursue a liability claim against the at-fault driver when you suffer a “serious injury” as defined by law, including:
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Death or significant disfigurement
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Permanent loss of use of a body organ, member, function or system
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Permanent consequential limitation of use of a body organ or member
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Significant limitation of use of a body function or system
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Medically determined injury or impairment preventing normal daily activities for 90 of the first 180 days after the accident
The Importance of Immediate Action After a Pedestrian Accident
Time is critical after a pedestrian accident. Important steps include:
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Seek immediate medical attention even if you feel fine initially
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Report the accident to the police as required by New York law
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Document the scene with photos and witness information, if possible
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Contact your insurance company to report the accident
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Consult with an experienced pedestrian accident lawyer before speaking with the at-fault driver’s insurance company
Janet Izzo and Josh Gillette combine their knowledge of statutes and laws with extensive experience in medical malpractice claims. Time is of the essence. Take action by making one phone call to our firm.