The state of New York averages 300 pedestrian deaths each year, according to the Governor’s Traffic Safety Committee. If you have been injured as a pedestrian, it is important for you to understand your rights. A pedestrian injury lawyer in Melville, NY can help.
Call Rosenberg & Gluck, L.L.P. at (631) 451-7900 for a free consultation.
For a free legal consultation with a pedestrian accidents lawyer serving Melville, call 631-203-1691
Drivers Have an Obligation to Avoid Colliding with Pedestrians
While there are traffic regulations and laws that apply to drivers in all situations, such as stopping at red lights, crosswalks, and stop signs, New York Civil Law § 1124 requires drivers to maintain a specific duty of care towards pedestrians as they share the roadways.
For example, while a pedestrian does not have the right to walk outside of a crosswalk, the driver must do what they can to avoid hitting the pedestrian. If they fail to do so, they may be held liable for the pedestrian’s injuries.
Other common examples of negligence that can cause a collision between a pedestrian and vehicle include:
- Driving under the influence
- Distracted driving
- Texting while driving
Melville Pedestrian Accidents Lawyer Near Me 631-203-1691
Proving Fault for a Collision Between a Pedestrian and Vehicle
If you were hit by a negligent driver in New York, you deserve compensation for your damages. However, there are steps we must take to recover compensation. In the case of a collision between a motorist and a pedestrian, we would need to prove the following:
- Duty – The driver of the vehicle had a legal duty to act with prudence and care while operating the vehicle on the roadways, especially towards pedestrians. For example, the driver had a duty to yield the right of way in a crosswalk.
- Breach – The driver breached that legal duty through their negligent driving. The driver did not yield the right of way and hit you while turning right.
- Causation – The negligence of the driver directly or indirectly caused the collision and your injuries.
- Damages – You suffered damages, such as medical expenses, lost wages, and pain and suffering as a result of the collision.
The legal team at Rosenberg & Gluck, L.L.P. can help you recover compensation for the injuries you suffered by examining the details of your case, examining evidence and police reports, analyzing applicable laws, and securing expert testimony and witness statements all to help strengthen your case.
Injuries Pedestrians May Suffer After Being Hit by a Car
When a pedestrian is involved in a collision with a vehicle, the injuries can be severe. The following are common types of injuries suffered in a collision between a pedestrian and a vehicle:
- Broken bones
- Lacerations, burns, bruising of extremities
- Soft tissue injuries (sprains, bruises, etc.)
- Spinal cord injuries
- Traumatic brain injuries
- Emotional trauma
If you were hit by a negligent driver, an injury lawyer in Melville, NY can help you obtain the financial compensation you deserve.
Complete a Free Case Evaluation form now
Steps to Take After Being Hit by a Car
The steps you take following a collision between yourself and a vehicle are important to ensure that you receive the compensation you are owed due to someone else’s negligence. Ensure you do the following after leaving the scene:
Seek Medical Evaluation
If an ambulance was not called to the scene of the collision, seek medical attention as soon as possible. It is important for your health and also for any legal claim you may have in the future.
Get a Copy of the Police Report
If you called the police to the scene, they should have created a police report. This police report will prove significant if you later decide to take legal action.
Attempt to document as much as possible regarding the collision, especially paperwork such as medical bills and proof of lost wages. Examples of what you should document include the following:
- Contact information for all parties, including witnesses
- Photographs of the collision from every possible angle, and of your injuries.
- All medical bills, provider visits, doctor’s notes, proof of lost wages, etc.
- A personal log of any physical and mental symptoms.
All of this information, evidence, and documentation will be valuable to your pedestrian injury lawyer in Melville, NY to build a strong case for you.
Contact a Pedestrian Injury Attorney
Collisions between a pedestrian and a vehicle can be a complicated matter that would benefit from the assistance of legal counsel. In many cases, you may need to enlist the help of reconstruction specialists, medical practitioners, and other investigative experts. Dealing with fault allocation is typically something the average person does not have experience with, which is why you may want to hire an attorney.
You should be aware that there are specific legal rights and laws that protect and guarantee your right to seek compensatory damages. At Rosenberg & Gluck, L.L.P., our legal team can work with you to ensure that you can build your claim and receive the compensation you deserve. Contact a pedestrian injury lawyer in Melville, NY today at (631) 451-7900. We can assist you in Spanish or Russian as well as English.