Oyster Bay Pedestrian Accident Lawyer

With little to no physical protection from vehicles on the road, pedestrians must rely on traffic laws to prevent them from suffering injuries. Unfortunately, not all drivers abide by pedestrian traffic laws. Failing to yield at a crosswalk or sidewalk can put pedestrians in serious danger.

If driver negligence played a role in your recent pedestrian accident, you deserve to hold the driver liable for your personal injuries. Let a pedestrian accident lawyer servicing Oyster Bay review your case today. Rosenberg & Gluck, L.L.P. provides legal support and representation to victims of such collisions, starting with a free consultation. Call (516) 451-7900 now to schedule yours.

New York Pedestrian Laws

In the State of New York and throughout the rest of the country, the law categorizes pedestrians as road users, much like drivers and motorcyclists. This means that there are certain traffic laws that apply to pedestrians in order to protect them from other road users. For example, there are laws that prohibit pedestrians from jaywalking or otherwise entering a roadway with moving traffic present.

For drivers, the most important pedestrian law to keep in mind has to do with the right of way at crosswalks. New York laws Vehicle and Traffic (VAT) §1151 and VAT §1151-A outline the following rules:

• Pedestrians have the right of way at crosswalks when a tunnel or overpass for pedestrian use is not available. This applies even when there are no traffic lights present, or the traffic signals are not functioning.
• When a driver stops at a crosswalk and pedestrians are in the process of crossing, approaching drivers cannot go around or overtake the stopped vehicle.
• Pedestrians have the right of way at sidewalks that intersect with the entrance to a building, driveway, or alleyway.

In general, drivers are required to come to a complete stop before entering a crosswalk at a stop sign or red light. If no pedestrians are present, drivers may proceed while following the other rules of the road regarding intersections. These laws are in place in order to protect pedestrians from harm. As such, drivers who ignore the rules of the road regarding pedestrians are likely to be liable if a crash occurs.

Common Causes of Auto-Pedestrian Crashes

Pedestrian accidents can occur for many of the same reasons that cause other traffic crashes. In some cases, a pedestrian may be responsible for if he or she did not follow the appropriate procedures for crossing the road. This includes entering the roadway abruptly or outside of the areas designated for crossing, and thus not giving oncoming vehicles enough time to stop.

Yet, pedestrians can suffer injuries on the roadway even when abiding by these rules. The New York State Department of Health reports that nearly 15,000 pedestrians suffer injuries in collisions with motor vehicles each year, and around 300 lose their lives. Many times, this occurs due to one of the following negligent actions by drivers:

• Failure to yield at a crosswalk or sidewalk
• Distraction
• Speeding
• Disregarding of traffic signals

Pursuing Damages After a Pedestrian Accident

Pedestrians have the least amount of protection compared to other road users, which means they have the greatest risk of suffering severe injuries. Further data from the New York Department of Health shows that in 2014, the cost of medical care for pedestrians injured in traffic crashes was second only to that of motorcyclists. This is likely due to the speed factor that often plays a role in motorcycle crashes, which can increase the severity of injuries.

If a negligent driver caused your pedestrian traffic crash, you are likely facing substantial medical bills. Under New York law, you have the right to submit a claim for damages or pursue a personal injury lawsuit against the driver.

Filing a Personal Injury Claim

New York law requires drivers to have no-fault insurance which will only pay out basic economic damages after your injuries. This can cover expenses and losses related to:

• Hospital stays.
• Doctor visits.
• X-rays.
• Surgery.
• Prescription medications.
• Treatments and therapies.
• Wages missed while you were recovering.

In order to proceed with a pedestrian no-fault claim, you will need to report the accident to the at-fault driver’s insurance company within 30 days, unless you have a valid reason why you are unable to do so. There are also deadlines by which you need to submit your relevant medical bills and proof of lost wages.

If you need assistance with your personal injury claim, a pedestrian accident lawyer servicing Oyster Bay can help make sure you meet the necessary deadlines to file. The team at Rosenberg & Gluck, L.L.P. represents victims of pedestrian crashes. Call (516) 451-7900 now to let us begin working on your case.

Suing for Non-Economic Damages

In addition to outlining coverage under no-fault insurance claims in New York, law Insurance Law (ISC) §5102(d) grants victims who suffered “serious injury”—and in some cases, the victim’s family—the right to sue the negligent driver. Pursuing your case in court can allow you to pursue damages beyond what a no-fault payout may provide. According to this law, “serious injury” includes the following:

• Dismemberment
• Significant disfigurement
• Loss of use of a body organ, member, function of system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of use of a body function of system
• Temporary impairment that lasts at least 90 days within the first 180 days following the collision
• Fractures
• Loss of a fetus
• Death

As with filing a no-fault claim, there are deadlines by which you must file a personal injury lawsuit in New York. A serious injury like one of those listed above can make it exceptionally difficult to pursue the compensation you deserve on your own. While you adjust to life after your accident, let a personal injury attorney fight on your behalf.

Get Help from a Pedestrian Accident Lawyer in Oyster Bay

When you suffer injuries in a collision, there is no reason to carry the additional burden of pursuing compensation by yourself. Whether you plan to file a no-fault claim with the negligent driver’s insurance or take your case to trial, it can help to have a personal injury attorney fighting for you.

The team at Rosenberg & Gluck, L.L.P. can offer assistance in personal injury matters to both English and Spanish speakers. Contact our law firm today at (516) 451-7900 to set up your complimentary consultation.