Hit by a Car in NYC? Our Pedestrian Accident Attorneys Can Help
Were you hit by a car or another vehicle while walking in New York? Whether the driver failed to yield the right of way or was driving distracted, our New York pedestrian lawyers can help. Hecht, Kleeger & Damashek, P.C., has decades of experience helping injured New Yorkers get the compensation they deserve, including a $1.5 million settlement for a pedestrian accident.
Call us at 212-490-5700 or contact us online to request your free consultation. We won’t charge you up-front costs, and you won’t owe us anything unless you recover compensation.
On This Page
New York Pedestrian Traffic Laws
New York has strict traffic laws regarding pedestrians. These traffic laws require motorists to yield to pedestrians in almost every situation and to do everything possible to avoid pedestrian accidents. Even with these laws, 9% of NYC traffic accidents involve an injured or killed pedestrian, resulting in more than 8,000 injuries and 116 pedestrian deaths in 2022.
Right-of-Way in Pedestrian Accidents
Generally, pedestrians in a crosswalk always have the right-of-way. New York pedestrian traffic law states that pedestrians must obey traffic control signals, signs, and pavement markings.
Pedestrians will have the right-of-way when there isn’t a traffic control device, especially if they are in a crosswalk. Drivers must yield, or they can be held responsible for causing an accident.
Fault & Liability in NY Pedestrian Accidents
If you’ve been hurt while walking, you’ll need to prove the defendant was liable for your accident by showing that they were negligent. A driver that speeds through a crosswalk while you have a walk sign has breached their duty of care, meaning they are liable for your injuries.
Comparative Negligence in NY
New York is a “pure comparative negligence” state. You’ll be able to recover a settlement against an at-fault driver if you are hurt, but your settlement will be adjusted according to how much you contributed to the accident.
So if you failed to follow traffic signals, but a driver shares most of the liability for your injuries, you can still recover damages. You probably will lose your chance at maximum compensation in a personal injury claim.
Common Causes of Pedestrian Accidents in NY
As a pedestrian walking on a busy street or crowded parking lot, you must follow traffic laws.
However, you can adhere to the rules of the road and still be injured due to a driver’s negligence or inattention.
Common reasons motorists hit pedestrians include:
- Distracted driving
- Speeding
- Running a red light or stop sign
- Turning on red
- Unprotected left turns
- Drunk driving
- Failing to yield to the right of way
- Improper lane changes or merging
- Backing up
- Failing to check blind spots
A pedestrian accident lawyer in Manhattan can help prove the driver disobeyed the law and drove recklessly, even if the driver is uninsured.
Common Pedestrian Accident Injuries
Pedestrian accidents often cause significant injuries. Whether in a wheelchair, on a skateboard, walking, or running, you likely had minimal defenses against a moving car. The impact can be traumatic.
Common injuries in a pedestrian accident include:
- Broken bones
- Neck, shoulder, and back injuries
- Soft tissue injuries
- Dislocations
- Road rash
- Concussion and Traumatic Brain Injury
- Spinal cord injuries and paralysis
- Nerve damage
- Knee injuries
- Crush injuries
- Amputation
- Internal organ damage
- Scarring and disfigurement
- Sensory loss
- Psychological trauma
FATAL PEDESTRIAN ACCIDENTS IN MANHATTAN
Unfortunately, pedestrian accident injuries can be fatal. When you lose a relative in a Manhattan pedestrian accident, you could be entitled to compensation.
Contact a compassionate New York wrongful death attorney for legal guidance. We know your grief might feel overwhelming. We’re here to help however we can.
