The streets of New York City are so notoriously crowded that, unfortunately, serious pedestrian accidents are not uncommon. When a pedestrian is injured by a negligent driver, the results are often catastrophic, if not fatal. If you or a loved one has been involved in a pedestrian accident, do not wait to contact an aggressive NY car accident attorney at Wingate, Russotti, Shapiro & Halperin, LLP to fight on your behalf. You may be able to win a significant settlement to assist in your recovery. Call (212) 986-7353 or contact us online to learn about your legal right to hold the responsible party accountable for your losses.
It may be obvious to you that the driver that hit you or a loved one was negligent, but in order to prove liability, you may have to take legal action. A knowledgeable lawyer will be able to help you determine whether you have a valid case against the at-fault party and can help investigate the cause of the incident, as well. For example, it may be necessary to acquire police reports, medical records, and other types of evidence to support your claim. At WRSH, we have the resources to help you pursue a claim and will work with accident reconstructionists, forensic investigators, and other professionals in the field to build a strong case on your behalf.
Video: Pedestrian Accident Success Story
Crosswalks can be tricky things, and they can further complicate things when it comes to arguing a pedestrian accident case. Of course, crosswalks are designed to give pedestrians a safe place to cross the street – something that's especially important when you're thinking about the busy and dangerous streets of New York City. But what happens when a pedestrian is hit in a cross walk? And what happens if the pedestrian is not using a crosswalk but rather, jaywalking? Do they have any rights then?
Of course, we'd like to think that anytime a pedestrian is hit by a car, the driver will be held responsible. Unfortunately, that's not always the case. If a pedestrian is using a crosswalk, and following the rules of any signs or signals present, and they still get hit by a driver, the driver can be held at fault, and most likely will be. If there are no signals surrounding the crosswalk and the pedestrian is using it, drivers of surrounding vehicles must yield to the pedestrian and give them the right of way.
What if the pedestrian was not in a crosswalk at the time of the accident however? If crosswalks are available and a pedestrian chooses not to use them, this is considered jaywalking, and it's something that's still considered to be against the law in New York City. However, this doesn't mean that pedestrians hit while jaywalking won't be compensated for their injuries and damages. If the pedestrian still crossed the street in a reasonably safe manner, meaning that they did not jump out into traffic and that they used common sense while crossing, they will most likely be compensated for their injuries. However, if the pedestrian was reckless or did not use good judgement when crossing the street and they get hit by a car, the chances are good that they will not receive any kind of compensation.
The good news is that, most times, unless the pedestrian was extremely reckless, when a car hits a pedestrian on the road, the driver of the car is found to be at fault. This is because New York's negligence and traffic laws require drivers to be alert, and be aware of their surroundings. Pedestrians are certainly part of drivers' surroundings, and most of the time, drivers are expected to be aware of them.
Whether you have been injured or lost a loved one due to a driver's carelessness, filing a claim against the responsible party can greatly benefit your situation. Severe injuries, such as spinal cord damage, traumatic brain injuries, or other catastrophic damages may require life-long medical and rehabilitative care that is often expensive. Through a pedestrian accident claim, you may be able to recover financial compensation to cover such economic costs, as well as non-economic damages you have suffered, including, but not limited to, the following:
- Medical care
- Pain and suffering
- Funeral costs
- Lost wages
- Loss in quality of life
- Assistive medical devices
If your accident is the result of another person's careless actions or wrongdoing, you are well within your rights to hold them accountable for the harm he or she has caused. Even a minor accident can cause serious repercussions that you should not have to suffer alone.
The New York car accident attorneys at WRSH can tell you if you have a pedestrian injury claim. Free consultation at (212) 986-7353.
Pedestrian accidents can be devastating to the victim and their family. Because pedestrians have no protective gear, they're the most vulnerable to the vehicles on the road and when the two collide, unfortunately there can be many different injuries, including death. If you've been hit by a vehicle while walking, it's important to know how to treat your injuries immediately after the accident, as this might be able to help you in court later on.
Head injuries and leg injuries are the most common injuries found at any pedestrian accident. This is because studies have found that most pedestrians are hit from the side when they're in an accident with a vehicle, and the legs are generally the closest to the vehicle. Head injuries on the other hand, are typically not from the initial impact with the car, but a secondary impact from hitting the ground or windshield of the vehicle.
Due to the direct impact with the hood or other parts of the vehicle, the most common injuries to the legs are: contusions, abrasions, cuts and scrapes, torn knee ligaments, broken bones (of the tibia, fibula, or femur), along with breaks in the hip or pelvis.
In an accident involving a pedestrian, head injuries are often the most common fear. These can include deep cuts to the scalp, skull fractures, and concussions, swelling in the skull, hemorrhages, and hematomas. Head injuries can be a result of the pedestrian hitting their head when they fall after impact, or hitting their head on the windshield, hood of the vehicle, or on surrounding structures.
Injuries to the torso are also very commonly seen in pedestrian accidents, especially when the vehicle is larger, such as with a van, SUV, or truck. These injuries can involve damage to the ribcage, liver, or lungs.
If you're in a pedestrian accident, it's of the utmost importance that you get to a hospital right away. Even if you don't have any visible broken bones or swelling, there could be internal bleeding or other injuries that you can't see. These injuries need to be treated right away to ensure they don't get any worse so it's important to see a doctor immediately. Going to the hospital will also give you medical records and history on the accident, and this information could later be useful in court.
Treatment for pedestrian accidents will vary depending on the area that is hurt. It will most likely include x-rays for broken bones, and MRIs or CAT scans if the injury is to the head. Doctors and emergency care personnel may not pay much attention to minor wounds, such as cuts and bruises, at first, especially if you've sustained much larger injuries. It is important however, that you ask them to pay special attention to every wound or injury, as this can provide evidence in court about how you were hit, where you were hit, and the speed the vehicle was traveling at when it hit you.
Being involved in a pedestrian accident is always a trying experience. It could cost you months of lost income, not to mention the medical bills that will pile up as you try to recover. At Wingate, Russotti, Shapiro & Halperin, LLP, we know this, and that's why we're here to try and help you.
Once treatment starts for any injuries, the next question is: who's going to pay for that treatment? Luckily, the State of New York is a No-Fault state, meaning that the insurance companies will be held responsible for paying for medical bills and loss of income should a driver ever hit a pedestrian. This means that no matter who was responsible for the accident, the insurance company of the driver will pay for some of possibly even all of the person's medical bills.
One of the most challenging and unexpected aspects of a pedestrian injury is handling often uncooperative insurance companies. It is not uncommon for an insurance company to minimize or deny a legitimate claim in order to save money. A skilled New York personal injury attorney will not only be able to handle the necessary negotiations with the insurance company, but will also be able to outsmart the deceptive tactics they may use to avoid providing adequate payout. It is unfortunate that insurance companies may try to make a difficult situation more complex, but at WRSH, our legal team has years of experience handling difficult insurance companies on behalf of our clients.
The lawyers at Wingate, Russotti, Shapiro & Halperin, LLP have helped injured pedestrians or surviving family members hold negligent parties accountable for recklessness or wrongdoing. Please do not wait to contact us if you or someone you care about has been involved in a pedestrian accident in New York. There is a specific amount of time in which you can take legal action and you do not want to forfeit your rights by waiting too long to speak with a lawyer. Contact us today at (212) 986-7353 for a free, confidential consultation.
On October 24, 2018, Bryce Moses, a partner with the New York personal injury law firm Wingate, Russotti, Shapiro & Halperin, LLP, obtained a $4.79 million verdict in Kings County for a 46-year-old Brooklyn woman.
Attorney Thomas Pardo settled a case for a client who was struck by a vehicle as a pedestrian and required multiple surgeries.
Wingate, Russotti, Shapiro and Halperin settled the case of a 63 year old woman who was knocked down by a city bus.
Based on the evidence, Noah successfully settled the case before trial for $1,300,000 - the entirety of the defendant's insurance policy.
WRSH Partner obtained a verdict in excess of $1.2 million dollars for a 58 year old woman who was hit by a tractor-trailer which jumped up on the sidewalk where she was walking.
Kenneth J. Halperin recently obtained a $1,000,000 settlement for a woman who was injured while crossing the street.
Plaintiff sustained multiples injuries when he was struck by a vehicle while walking in the Bronx on Jerome Avenue.
The case settled prior to trial at mediation for $975,000 by Wingate, Russotti, Shapiro attorneys, Clifford H. Shapiro and Michael J. Fitzpatrick.
Clifford Shapiro, Michael Fitzpatrick
Our client was walking on the shoulder of a busy street on her way to a Metro-North station on a dark and rainy winter morning.
Michael J. Fitzpatrick settled this case during trial for $540,000. The settlement included $100,000 from the defendant's insurance carrier and $440,000 from defendant driver's personal assets.
After jury selection, Bill Hepner obtained a $530,000.00 recovery for our client who was injured when his car got a flat tire on the Cross Island Parkway.
William Hepner obtained a $475,000 recovery out of a $500,000 insurance policy for a pedestrian after a liability trial in which the jury decided that the defendant automobile driver was 75% at fault for the accident.
Wingate, Russotti, Shapiro & Halperin partner William Hepner settled the case, during mediation, of a jogger who was struck by a bicyclist in Prospect Park in Brooklyn for $450,000.00.
William Hepner, Mitchell Kahn
Kenneth J. Halperin recently obtained a $300,000 settlement for a sixty five (65) year old woman who was struck by a bicyclist while she was crossing the street in Central Park.
Kenneth Halperin, Mitchell Kahn
William A. Wingate negotiated a $300,000 settlement for a woman who was struck by a van and suffered multiple fractures of her right knee, a subdural hematoma, and fracture of the right occipital bone.
Our client, a 43 year old artist, was hit by a school bus while walking her child to school in Queens.
Michael Fitzpatrick settled a case involving a 53 year old Russian immigrant woman who was struck by defendant's vehicle while crossing Bay Parkway at or near the corner of 67th Street in Brooklyn.