Drivers in the state of New York have a duty of care to pedestrians on the roadway. This duty of care protects pedestrians legally from the acts of drivers who put them at an unreasonable risk of harm.
If you or your loved one have been injured as a pedestrian in Huntington, New York, a personal injury lawsuit may allow you to recover compensation.
A pedestrian accident lawyer serving Huntington may be able to manage your case while you concentrate on your recovery.
Call Rosenberg & Gluck, L.L.P. today at (631) 451-7900 for a free consultation with a member of our team.
For a free legal consultation with a pedestrian accidents lawyer serving Huntington, call 516-451-7900
Pedestrians Hit by Cars Could Be the Result of Driver Negligence
Motor vehicle drivers must be aware of pedestrians on or near a roadway, as pedestrians have far less protection than other road users.
The term ‘pedestrian’ could refer to:
- Those conducting business near the street
- Construction workers
- Anyone near the roadway who is not in a vehicle or utilizing a bike
If a driver is negligent in their duty of care while driving and hits a pedestrian, they could be liable for the damages they cause.
Despite the duty of care drivers have to pedestrians, crash statistics show that pedestrians are injured by drivers at a high rate.
According to the Centers for Disease Control and Prevention (CDC), 5,977 pedestrians lost their lives because of motor vehicle collisions in 2017. The CDC estimates that in the same year, 137,000 pedestrians were treated in emergency rooms for crash-related injuries.
Huntington Pedestrian Accidents Lawyer Near Me 516-451-7900
Types of Driver Negligence that Can Cause a Car to Hit a Pedestrian
Drivers can put these people at risk in several ways, including by:
- Being generally inattentive while driving
- Engaging in distracted driving, such as texting, using social media, adjusting the radio, or taking their eyes off of the road
- Driving at a speed that would prevent them from slowing down to avoid an unseen or unexpected pedestrian
- Running red lights or stop signs
- Failing to stop before a crosswalk when turning right
- Being under the influence of drugs or alcohol while driving
- Failing to respect the pedestrian’s right of way
- Driving at dusk or night without headlights engaged
If you believe that a driver’s negligence caused your injuries, a personal injury lawyer may be able to help you pursue compensation.
To discuss your injury case and your legal options with an attorney, call us today at (631) 451-7900 for a free consultation.
Proving Liability in a Personal Injury Case
In a personal injury case, the victim of an auto-pedestrian crash must typically produce evidence that the driver was responsible for their personal injuries. When you work with our personal injury law firm, we can handle this task on your behalf.
New York has multiple laws that indicate the protections of pedestrians in various traffic situations that may come into play in establishing driver liability in your personal injury case.
In proving liability we may argue that the defendant:
- Owed you a duty of care: all motorists in New York accept a duty of care not to expose others to an unreasonable level of harm by the very fact that they are operating a vehicle.
- Breached their duty of care: the possible breach of duty of care in your case could include a wide array of negligent behaviors or traffic law violations by the motorist/defendant.
- Caused your injuries: their breach of duty of care caused the auto-pedestrian crash in which you were personally injured.
A pedestrian accident lawyer serving Huntington can gather evidence in your defense to support the elements of liability, such as:
- Videos, photos, or the police report from the scene of the incident
- Witness statements
- Surveillance or traffic camera footage, if available
- Testimony from crash reconstruction experts
- Testimony from medical experts
- Your medical records
- And more
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Compensation That May Be Available in a Personal Injury Lawsuit
Although every personal injury case is different, the following damages may be available if you can establish that another party is liable for your injuries:
- Costs of medical treatment, including therapies, medication, and more
- Estimated future costs of medical treatment
- Lost wages
- Reduced earning capacity
- Pain and suffering
- And more
If your loved one passed away in a car-pedestrian crash, you may be able to pursue a different set of damages through a wrongful death lawsuit. Rosenberg & Gluck, L.L.P. may be able to handle your wrongful death case. Call to discuss your legal options with a member of our team.
Call a Pedestrian Accident Lawyer Serving Huntington Today
You may be facing medical bills, lost income, and other losses that you would not have incurred if not for being struck by a vehicle. Perhaps you are mourning the loss of a loved one and want to bring a wrongful death lawsuit.
In either case, Rosenberg & Gluck, L.L.P. may be able to help you. When a personal injury attorney from our law firm represents you, they can:
- Manage all communications on your behalf
- Handle the legal paperwork and deadlines in your personal injury case
- Identify the liable party
- Gather evidence of their liability and your losses
- Negotiate with their insurance company for a settlement offer
- Take them to trial if they are not willing to make you a fair offer
We may be able to represent you on a contingency-fee-basis, where we do not charge attorney’s fees unless and until you recover compensation.
Call our personal injury law firm today at (631) 451-7900 for a free consultation on your case. We can also assist clients who speak Spanish.