Long Island Pedestrian Accident FAQs

Where do pedestrians get hit the most?

In New York State, the most common place where a pedestrian accident may occur is in an intersection. This happens when either the pedestrian or the driver fails to yield the right of way. This can include circumstances where the driver runs a red light and strikes the pedestrian or the walker could be crossing on a “do not walk” sign when they are not permitted.  Failing to yield the right of way can also happen when a driver makes a right hand turn into a pedestrian lawfully crossing in a crosswalk. There are many other situations that result in injuries to walkers because one or both parties failed to give the other the right of way and did not obey traffic rules. Outside factors like distractions, low visibility or intoxication can also contribute to a lack of situational awareness that results in accidents and pedestrian injuries.

If you’ve been hit while crossing an intersection, or in another situation as a pedestrian, contact us for a free case evaluation today.

What injuries do you get from being hit by a car?

Common injuries for pedestrians hit by a car include bruising and contusions, traumatic brain injuries and concussions, crush injuries, skin lacerations and degloving injuries, fractures and broken bones, amputations, spinal cord injuries, soft tissue injuries, and death. Because pedestrians have no protection when hit by a car in these types of accidents, serious injuries can be sustained even when the driver is traveling at low speeds. Even minor accidents can have serious consequences for the injured party. If you want to find out how much you can be compensated for damages from the injuries you sustained in an accident with a car, truck or motorcycle, contact us for a free case evaluation.

What to do when you get hit by a car as a pedestrian?

If you’ve been hit by a car while walking on Long Island and involved in a pedestrian accident, the first thing to do is to move to a safe location if possible. Remaining in the roadway after being struck by a motor vehicle can result in a secondary accident and further injuries. Stay on the scene and contact 911 to get medical attention and police assistance as soon as possible. Even if your injuries seem minor at first, it’s important to get checked by medical professionals. The police officer on the scene will be able to help collect evidence and conduct a report. If you are able, take as many pictures and videos of the scene as possible including photos of your injuries. Collect contact information from the motor vehicle operator and any witnesses. Finally, once you’ve received first aid and are no longer in an emergency situation, be sure to contact an experienced Long Island pedestrian accident lawyer near you to assist in getting the compensation you deserve. The aggressive attorneys at Rosenberg & Gluck, L.L.P., are ready to fight to maximize the recovery in your case.

Can you go to jail for accidentally hitting a pedestrian?

In the majority of cases, an individual will not go to prison for accidentally hitting or injuring a pedestrian as a result of an auto accident in New York. It is far more common for victims of these types of accidents to pursue a civil case for punitive and compensatory damages and engage a personal injury lawyer. The three primary reasons for incurring jail time after injuring a pedestrian during an auto accident are ‘hit and run’ cases, intoxication, or involuntary manslaughter. ‘Hit and run’ accidents occur when the driver flees the scene instead of stopping and reporting to the authorities. Driving while intoxicated and striking a pedestrian may result in a prison sentence as part of a DUI/DWI charge. And lastly, if the pedestrian dies as a result of reckless disregard by the driver, which is far more severe than regular negligence, the driver could face charges of involuntary manslaughter.

Is it possible for both a pedestrian and a driver to be at fault for an accident?

It is possible for both the driver and a pedestrian to have shared fault for an accident. Because New York is a comparative negligence state, being at fault does not automatically bar an injured person from receiving compensation. Instead, the compensation they are eligible for varies based on how much at fault they are for the accident. It is possible for pedestrians and drivers alike to be at fault for reasons including disobeying a road or traffic signal, failing to give right of way, or intoxication. For example, if the pedestrian jaywalked and the driver was distracted, and they are found to equally share the fault, an injured party may only be able to recover 50% of the damages they claimed for the accident, depending upon the specific circumstances of the accident.

All pedestrian accidents are different, so it is important to discuss the details specific to your case. Contact the experienced personal injury lawyers at Rosenberg & Gluck, L.L.P., for a free consultation to determine if the New York comparative negligence rules apply to your case.

What happens if I’m injured as a pedestrian?

If you are a pedestrian who has been injured as a result of an auto accident, you should immediately call 911 for emergency medical treatment. Even if you do not look externally injured, contact 911 to get medical treatment and police assistance. The ambulance staff can treat injuries and provide transportation to the hospital when necessary. The police officer will create a report of the accident which includes each party’s statement.

It is important to get as much information as possible and present the officer with individual statements in regard to the accident. If possible, document the scene and your injuries with photos and videos and collect driver and witness information. Once you’re safely out of the emergency situation, contact a knowledgeable pedestrian accident lawyer to find out what compensation you may be entitled to. All pedestrian-auto accidents are unique, so it’s important to discuss the details of your case.

Is the driver always at fault if they hit a pedestrian?

No, it is possible that a pedestrian may be at fault or partially at fault in an accident involving a car, truck or motorcycle. Though a pedestrian is more likely to sustain injuries, that does not mean that the driver is always at fault. New York pedestrians must obey proper road conduct by obeying traffic signals, using crosswalks and sidewalks, and yield the right of way to vehicles when crossing to avoid injury. In some cases, auto accidents involving people on foot have shared fault with responsibility falling on both the motor vehicle operator and the pedestrian. An example of this would be a driver texting on their phone and hitting and causing injury to a pedestrian who is not obeying traffic signals because they are using their phone while crossing an intersection.

How much should I settle for after getting hit by a car?

Settlement amounts can vary greatly depending on the circumstances of the accident, the parties found to be at fault, the results of the investigations, and the severity of the injuries. Consulting an experienced New York pedestrian accident attorney can help you determine what you are likely to recover. Some factors your attorney will consider are the total of your medical expenses and possible future medical bills, lost wages, pain and suffering, and the loss of enjoyment of life. Every accident is a unique situation that does not have a simple answer, so it is important to speak with an attorney about the specifics of your accident. Contact us for a free consultation with a personal injury lawyer today.

Should I consult a Long Island personal injury lawyer if I’ve been hit by a car as a pedestrian?

Yes, if you have been injured as a pedestrian in an auto accident, the aggressive Long Island personal injury attorneys at Rosenberg & Gluck, L.L.P., are ready to help fight for the compensation you deserve. We can handle all types of claims from pedestrian-auto accidents involving:

• Injuries from being struck while crossing the road from a driver failing to yield right of way
• Injuries sustained in parking lots or other parking structure
• Injuries received when a car, truck, or motorcycle loses control and ends up on the sidewalk
• Injuries suffered from collisions with other pedestrians due to an accident with a vehicle

Contact us online or call us at (631) 994-1910 for a free consultation to discuss the details of your accident. Our aggressive personal injury attorneys will fight for your right to get the compensation you deserve.