Pedestrian Accident NYC

Pedestrian Accident NYC

Pedestrian Accident NYC

If you have been injured as a pedestrian in NYC we can help you. We are committed to serving you and obtaining the best result possible for any of our clients who are injured in pedestrian related accidents.  If you or someone you care for has has been injured in a pedestrian motor vehicle accident, a pedestrian defective sidewalk accident, or a pedestrian snow and ice accident in NYC, our firm is the right fit for your need.

Here’s a little more about each of these practice areas:

Pedestrian Motor Vehicle Accidents:-

 

Pedestrian motor vehicle accidents can potentially be devastating. They can cause the most serious injuries to pedestrians. Most accidents of this nature in NYC occur when the pedestrian using a crosswalk. This is because a left or a right-hand turning vehicles unfortunately often fail to yield to crossing pedestrians.  

This type of accident can also take place at mid-block crossings, or even while  you are waiting for a taxi. Occasionally, some accidents take place when you are on the actual sidewalk. 

If you or someone you love has been involved in an accident such as these, you can make two types of claims, a no-fault claim as well as a potential bodily injury liability claim.

No-Fault Claims:-

If you are hit by a motor vehicle you will be eligible for no-fault benefits. This type of benefit covers the cost of medical treatment and up to 80% of your income. A No-fault form (NF2) must be filed in within 30 days of your accident, with the insurance company for the vehicle that struck you.  No-Fault coverage is primary over all other forms of insurance coverage in a pedestrian motor vehicle related accident. Failure to process the No-fault claim properly may result in denial of coverage of secondary insurance providers.  Our firm will process your No-Fault claim at no cost to you to make sure your medical bills are covered, which requires that the NF2 is timely filed, the claim is properly set up with up with the carrier for the involved motor vehicle, the proper insurance information provided to your medical providers for direct billing, and assignment of benefits are executed to protect you from any legal responsibility for unpaid medical bills.  We will also process your lost earnings claim with no fee pursuant to the statutory No-fault benefits afforded in New York.

Bodily Injury Liability Claims:- 

If you were a pedestrian in an NYC street struck by a motor vehicle and you sustained injuries, aside from No-fault benefits mentioned above, you may have a valid action for personal injury in our regular court system.  This is called a bodily injury claim.  This claim is separate and distinct from the No-fault benefits that you are entitled to.  In its most basic form you have a valid bodily injury claim to the extent the operator of the motor vehicle failed to use reasonable care or was in violation of a statutory provision and the extent of the injury meets the serious injury definition pursuant to New York State law.  In the bodily injury claim you are entitled to seek damages for both economic and non-economic losses.  Economic of course being any past and future medical bills not covered by No-Fault benefits, as well as past and future lost earnings not covered by No-Fault benefits. Non-economic damages is full compensation for past pain and suffering and loss of enjoyment of life as well as future to the extent that the injury sustained has any degree of permanence.

Serious Injury Requirement:-

As mentioned above, when a pedestrian is struck by a motor vehicle, in order to have a qualifying claim for beyond the no-fault benefits (the Bodily Injury Claim), you will need to show that you suffered from a serious injury. Alternatively, you must show that your economic losses as a result of the accident exceed $50,000 (Correct at the time of writing). 

The serious injuries are defined as one or more of the following: 

  • Death;
  • Dismemberment;
  • Fracture; 
  • Loss of a fetus;
  • Permanent consequential limitation of a body organ or a member;
  • Permanent loss of use of a body organ, system, function, or member;
  • Significant dismemberment; or
  • Significant limitation of use of a body function or a system.

You may have also suffered from a medically determined injury of a non-permanent nature or impairment which prevents you from performing your usual day-to-day activities. This needs to be for no less than 90 days during the first 180 days following your accident. 

Our firm has much experience and knowledge with respect to NYC pedestrian motor vehicle accidents and there should be no substitute for the assessment of the serious injury requirement without a consultation with a law firm such as ours that has a complete understanding of the New York State threshold law and its application to a given injury.  There are often circumstances where the injury may or may not meet the threshold requirement.

However,  given the status of a pedestrian, typically the threshold category is easier to establish in pedestrian motor vehicle accidents than accidents involving occupants of vehicles where there are more arguments available to defendants as to causation among other defenses.  It goes without saying that a pedestrian is very much exposed to serious injury in a pedestrian motor vehicle accident as opposed to an occupant of a vehicle.  

Our firm is committed to delivering the best representation we can to any pedestrian injured in a motor vehicle related accident in New York City.  Please contact us as soon as you can for a free consultation.  Only you can take the first step.  Call us and we will take care of the rest. 

Defective Sidewalk Accidents:-

The sidewalks in NYC are not always as well-maintained as they could be. This can cause pedestrians to trip and fall, resulting in serious injury.  Pursuant to statute the abutting landowner is generally responsible to maintain the sidewalks in good repair and must comply with the non-delegable requirements of the specific statutory provisions that apply.  (applicable statutory requirement).  Trip and fall accidents occur due to uneven sections of sidewalks (raised or sunken), or broken sections creating depressions, cracks and holes within the sidewalk.   Aside from defective conditions within the sidewalk itself, the abutting property owner in New York City is generally responsible to maintain any special use and the area immediately surrounding a special use in good repair.  Special uses include any type of instrumentality that provides a benefit to the owner, such as a sidewalk grating, cellar doors, manhole covers, access covers or even driveway entrances that places a significantly more degree of wear and tear upon the sidewalk due to vehicle use.

In a pedestrian trip and fall due to a defective sidewalk it is important to do the following:

  1. Call an ambulance from the scene, but only if needed;
  2. Provide your medical providers an accurate history of how the accident happened;
  3. Secure photographs of the condition that caused you to fall;
  4. Secure the identity of any person that witnessed the accident;
  5. Keep your footwear that was involved in the accident.

Our firm has recovered multiple six figure and even some seven figure resolutions for persons injured in trip and fall cases.  Due to the clear statutory requirements that apply together with the fact that usually the defendants (abutting building owners) have significant policy limits in effect, this category of accident within NYC makes for a strong personal injury claim when a serious injury has been sustained.  

When involved in a NYC pedestrian sidewalk accident it is critical to obtain representation from a firm such as ours that has the experience in this category of case.  Sometimes the City of New York is a potential defendant in sidewalk cases and if so the time is short to file the initial document required, namely a Notice of Claim (within 90 days of the accident). 

Also it is important that the firm be able to independently obtain photographs of the condition close in time to the accident.  Therefore, if a significant injury has been obtained as a result of a trip and fall on a defective sidewalk do not delay in reaching out.  We are here to help.  We will come to you and our consultation is always without charge.  

Snow and Ice Accidents :-

In the winter months snow and ice accumulations upon sidewalks and other areas cause numerous serious injuries to NYC pedestrians.  There are specific statutory requirements in effect that require the abutting property owner (of a qualified property) to remove the snow and ice accumulation from public sidewalks within specific time of last precipitation (applicable statutory requirement).  

Slip and fall accidents due to the accumulation of snow and ice upon the sidewalks can cause significant injuries and serious fractures due to the sudden and unexpected speed of the fall.

One of the critical aspects of a snow and ice accident on a New York City sidewalk is to determine the exact time of the accident and whether there was any active precipitation.  Once precipitation ceases, this time triggers the time period in which the qualified abutting property has to remove the snow and ice from the sidewalk.  Another is actual direct proof – i.e. photographs of the condition.  This is obviously helpful but not always required.  We have been successful on Snow and Ice sidewalk cases where we had no photographs of the condition, but rather good detailed testimony together with certified weather reports which we of course procure.  

If you or someone you love has been injured in a slip and fall snow and ice NYC city sidewalk accident please contact us without delay.  Due to unwavering nature of the the statutory responsibility imposed upon abutting building owners in New York City, together with the large policy limits typically applicable to the accident the NYC snow and ice sidewalk slip and fall accident is a strong category for legal purposes for a personal injury matter.

Our firm knows this area of law and please do not hesitate to call.  The time we spend with you in an initial consultation is always our pleasure.