Loscalzo & Loscalzo, P.C. Pedestrian Accidents

Manhattan Pedestrian Accident Lawyer

Representing Victims of Auto-Pedestrian Accidents in New York

Pedestrian accidents can be particularly brutal because they often involve catastrophic injuries or even death. According to the New York Department of Health, between the years 2012 and 2014, there were over 300 deaths per year from pedestrian versus car accidents. Additionally, over 3,000 hospitalizations occurred each year due to pedestrian and vehicle accidents. If you have been hit by a car while in a crosswalk, parking lot, or other area in Manhattan, you deserve justice and compensation to help you get back on your feet again.

Our team at Loscalzo & Loscalzo, P.C. has represented injured New Yorkers for nearly 50 years. We take pride in providing individualized attention and thoughtful guidance to every client we serve. As you pursue a pedestrian accident claim, you can rely on our team—including our experienced personal injury lawyers—to help you navigate your options and move forward.

Call Loscalzo & Loscalzo, P.C. today at (646) 846-4776 or contact us online to schedule a consultation with our pedestrian accident attorney in Manhattan.

Common Causes of Pedestrian Accidents in Manhattan

Common causes of pedestrian accidents include:

Driver fatigue
Driver intoxication
Texting while driving
Ignoring or disobeying traffic signs
Streets that are not clearly lit or are poorly marked

Because many of these incidents involve negligent motorists, insights from related car accident cases may help illustrate the risks pedestrians face. Other roadway hazards, such as unsafe walking surfaces or inadequate lighting, can resemble conditions often seen in slip and fall injuries or premises liability matters.

Common Injuries for Pedestrians Hit by a Car

Injuries a pedestrian may sustain after being hit by a car can include any of the following (as well as other injuries not mentioned):

Head or brain injuries caused by their head hitting the car, pavement, or another object
Spinal injuries
Crush injuries if the pedestrian is pinned between the vehicle and another object
Internal injuries or bleeding
Broken bones, cuts, bruises, and muscle injuries

As pedestrians are much more vulnerable than cars, these personal injury cases unfortunately often have devastating consequences. Hold those responsible accountable for their negligence by pursuing a claim against them that not only seeks to help you cover medical expenses but also offers monetary aid to those left in the wake of a loved one’s untimely passing.

What Damages Could Be Recovered in a Pedestrian Accident Claim?

Pedestrian accidents can lead to an expansive range of economic and non-economic damages. Here are some of the damages that could be recovered in a pedestrian accident claim:

Medical Expenses: Compensation for present and future medical expenses related to the accident, which includes hospital stays, surgeries, medication, rehabilitation, and therapy.
Lost Wages: Reimbursement for the income lost because of the inability to work during recovery. This includes the wages lost during the initial period, and future lost earning capacity if the injuries result in long-term or permanent disability.
Pain & Suffering: Damages for the physical and emotional pain caused by the accident and its effect. This includes compensation for the suffering, distress, and declining quality of life experienced by the victim.
Property Damage: Recovery for damage to personal property, such as clothing, electronic devices, or any other items damaged in the accident.
Wrongful Death Damages: In instances where a pedestrian accident leads to the tragic loss of life, surviving family members could be eligible for compensation for funeral fees, loss of companionship, and other related damages.
Punitive Damages: In certain cases where the actions of the responsible party were particularly egregious or intentional, punitive damages may be awarded to deter similar behavior in the future.

Effective Steps to Take After a Pedestrian Accident in Manhattan

Experiencing a pedestrian accident can be overwhelming, but knowing the right steps to take immediately afterward is crucial. First, ensure your safety and seek medical attention, even if injuries are not immediately apparent. Call emergency services for assistance; prompt medical evaluation can be critical for your health and to document your injuries, both of which will be essential for any legal claims you pursue later. Gathering details of the incident is the next step.

Taking quick, organized action after a pedestrian accident will help strengthen your claim and protect your rights under New York law. The days following the incident are vital for building your case, especially considering procedures in Manhattan, where police reports, hospital records, and accident scene details are often closely reviewed by insurers and legal teams. Insurance companies and at-fault drivers may dispute facts or minimize your injuries, so having thorough documentation can make a significant difference.

Follow these important steps after experiencing a pedestrian accident in Manhattan:

Seek a comprehensive medical evaluation: Even minor injuries can develop into major health problems later. Visit a reputable Manhattan hospital or urgent care facility and keep copies of all medical records and billing statements.
Gather witness statements: If anyone saw the accident, politely ask for their contact information. Independent accounts are often given considerable weight by New York courts.
Collect accident scene evidence: Photograph the intersection, signal lights, weather and street conditions, and any nearby surveillance cameras. This can help clarify events for future negotiations or court proceedings.
File an official report: Make sure your accident is reported to the appropriate law enforcement agency—typically the New York Police Department for incidents in Manhattan. Obtain a copy of the report for your records.
Contact a pedestrian accident attorney Manhattan trusts: Early legal intervention helps protect your rights and interests before crucial evidence disappears. An attorney can initiate correspondence with insurers, investigate factors unique to Manhattan traffic, and prepare paperwork ahead of legal deadlines.
Maintain a personal accident journal: Write down your daily recovery progress, doctor visits, missed workdays, and the emotional impact of the accident. Keeping a detailed record can help support your claim for damages.

Remember to obtain contact information from witnesses and document the scene with photographs whenever possible. These records can be pivotal in any legal proceedings, providing clear evidence of the conditions at the time of the accident. It's also important to file a police report to officially document the incident. Once your immediate health concerns are addressed, contacting a pedestrian accident attorney in New York can help you navigate your claim, ensure your rights are protected, and increase your chances of obtaining the compensation you deserve.

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What Is the Statute of Limitations for a Pedestrian Accident Claim in New York?

In the aftermath of a pedestrian accident, it is essential to know the time limitations within which legal action must be taken. The statute of limitations for a pedestrian accident claim in New York is generally three years from the accident date. However, you should consult with a Manhattan pedestrian accident lawyer promptly, as certain factors may affect this timeline.

Understanding the Legal Process for Manhattan Pedestrian Accident Claims

The steps involved in pursuing a pedestrian accident claim in Manhattan can be complex, especially with procedures specific to local courts like the New York County Supreme Court. From the moment we begin working with a client, our priority is to make the process as straightforward and transparent as possible. We start with a comprehensive review of your accident and all available evidence, which may include police reports, surveillance footage, and medical documentation of your injuries.

After evidence is collected, we communicate with insurance companies, advocate for fair compensation, and protect clients from tactics that can limit recovery. Manhattan pedestrian accident cases must take into account local traffic regulations, right-of-way laws, and updates connected to initiatives such as Vision Zero. Attention to these details can make a key difference in your case and are best handled by a pedestrian accident lawyer Manhattan residents trust for diligent, attentive representation.

If a settlement cannot be reached, we are prepared to file a lawsuit on your behalf. Litigation in Manhattan requires strict adherence to court rules and local deadlines, with hearings often held in the New York County Supreme Court. Throughout the legal process, we focus on regular communication, providing updates tailored to your needs and making ourselves available to answer questions at every stage.

Contact a Pedestrian Accident Attorney in Manhattan for a Consultation

When pursuing compensation for a pedestrian who has been hit by a car, lengthy cases can be emotionally taxing for already exhausted families. Our goal as your Manhattan pedestrian accident lawyers is to move promptly on all claims. We negotiate with insurers and pursue witness statements on your behalf so that you can focus on recovering or supporting a loved one. Acting quickly gives you a better chance of receiving the maximum compensation for your injuries.

Don't waste time; contact our personal injury firm in New York today at (646) 846-4776 for a free initial consultation with our Manhattan pedestrian injury lawyers.

Pedestrian Accident Resources in New York

Empowering yourself with knowledge is key to navigating the complexities of pedestrian accident claims. Our resources are designed to provide comprehensive information on various aspects of pedestrian accidents, from understanding liability to navigating insurance claims. By examining case studies and analyses of past accidents, you can gain insights into common pitfalls and successful legal strategies. These resources are an invaluable tool for anyone looking to understand the scope of pedestrian accident law more fully.

Staying informed about changes in local laws and safety guidelines can also be beneficial. Regular updates on pedestrian safety initiatives and advocacy efforts help raise awareness about preventive measures and rights of pedestrians. This knowledge enables individuals to take proactive steps toward enhancing their own safety and contributing positively to community-wide safety improvements.

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Commonly Asked Questions

What Should I Do if I Am Involved in a Pedestrian Accident in New York, NY?

If you are involved in a pedestrian accident in New York, NY, it's important to seek medical attention immediately, gather evidence from the scene if possible, and consult with a pedestrian accident attorney to understand your legal options.

In the aftermath of an accident, collecting evidence is crucial. This includes taking photographs of the scene, obtaining contact information from witnesses, and noting details about the vehicle involved. Preserve any physical evidence, such as damaged clothing or personal items, which may be relevant to your case. Accurate documentation can significantly influence the outcome of your claim.

Can I Still Pursue a Pedestrian Accident Claim if the Driver Fled the Scene?

Yes, even if the driver fled the scene, you may still be able to pursue a pedestrian accident claim. It's important to report the incident to the police and consult with a pedestrian accident attorney in New York who can assist in investigating the case and identifying potential sources of compensation.

In these cases, uninsured motorist coverage could play a pivotal role in recovering damages. Working with your attorney, they can help explore insurance policy options that might cover your accident, ensuring that you have avenues for compensation despite the hit-and-run nature of the incident.

What Should I Do if the Insurance Company Denies My Pedestrian Accident Claim?

If the insurance company denies your pedestrian accident claim, it's advisable to seek legal representation from a pedestrian accident attorney in Manhattan. An attorney can review the denial, gather additional evidence, and explore options for appealing the decision or pursuing alternative sources of compensation.

Denials can occur for various reasons, such as disputes over fault or coverage issues. A skilled attorney can identify the cause of the denial and communicate with the insurer to address these issues. They can also provide guidance on the appeals process, increasing the chances of overturning the denial and securing the compensation needed.

What Types of Damages Can Be Recovered in a Pedestrian Accident Claim?

Damages that can be recovered in a pedestrian accident claim may include medical expenses, lost wages, pain & suffering, property damage, wrongful death damages, and in certain cases, punitive damages. Consulting with a pedestrian accident attorney can help in understanding the potential damages available in your specific case.

A comprehensive evaluation of damages ensures all aspects of the accident are addressed. This evaluation considers the immediate impact of injuries and the long-term effects on your quality of life. Your attorney will examine how injuries have affected your daily activities, employment, and emotional well-being to determine an appropriate compensation strategy.

How Can I Protect My Rights After a Pedestrian Accident?

Protecting your rights after a pedestrian accident involves careful action and documentation. Firstly, never admit fault or provide detailed statements to insurers without professional advice. Insurers often seek to minimize payouts and may misinterpret your words to suggest you were at fault. Seeking legal counsel before making statements can help safeguard your claim.

Additionally, keep detailed records of medical treatments and expenses, any communication with insurance companies, and document all aspects of your recovery and emotional state post-accident. Such records can be invaluable in demonstrating the impact of the accident on your life to both the insurance companies and legal entities. Having a well-documented account strengthens your legal standing and can facilitate a more effective negotiation or litigation process.

What Are My Legal Options if I Am Partially At Fault?

In New York, a comparative negligence state, you can still pursue compensation even if you are partially at fault for a pedestrian accident. Under this legal doctrine, any damages awarded to you could be reduced by your percentage of fault. For example, if you are found to be 20% at fault, your compensation will be reduced by that same percentage.

However, determining degrees of fault can be complex, and insurance companies may attempt to amplify your fault to minimize their liability. A seasoned pedestrian accident attorney can counter these tactics by providing evidence and arguments that accurately present your role in the accident, potentially maximizing your compensation. Navigating the intricacies of shared fault claims requires strategic legal action to ensure fair and just outcomes.

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