Common Personal Injury Claims Involving Pedestrian Accidents in New York

Pedestrian accidents are a growing concern in urban environments, with New York City being one of the locations where such incidents frequently occur. Understanding the common personal injury claims that arise from these accidents can help victims navigate their rights and potential compensation. Below are some prevalent personal injury claims associated with pedestrian accidents in New York.

1. Negligence Claims

The majority of pedestrian accidents result from negligence, often involving drivers who fail to yield to pedestrians at crosswalks or are distracted while driving. In New York, pedestrians have the right of way in many situations, and if a driver breaches their duty of care, they may be liable for the injuries sustained by the pedestrian.

2. Distracted Driving Claims

With the increasing use of smartphones, distracted driving has become a significant factor in pedestrian accidents. If a driver is texting, calling, or using apps when an accident occurs, they may be held responsible for resulting injuries. Victims may pursue claims for medical expenses, lost wages, and pain and suffering due to the driver's distraction.

3. Speeding and Reckless Driving Claims

Speeding is another common cause of pedestrian accidents. If a driver is speeding near school zones or crowded areas, the potential for severe injury to pedestrians increases dramatically. Accidents resulting from reckless driving can lead to substantial personal injury claims as victims may suffer from catastrophic injuries requiring extensive medical treatment.

4. Premises Liability Claims

In some cases, pedestrian accidents can occur due to hazardous conditions on private property, such as poorly maintained sidewalks or inadequate lighting. When these conditions contribute to a pedestrian injury, the property owner may be held liable under premises liability laws. Victims can seek compensation for injuries caused by such negligence.

5. Rideshare and Taxi Accidents

Rideshare services like Uber and Lyft have become common in New York City, but they sometimes contribute to pedestrian accidents. Injured pedestrians can file claims against both the driver and the rideshare company, depending on the circumstances surrounding the accident. Understanding liability in these cases is crucial for victims seeking compensation.

6. Hit-and-Run Accidents

Hit-and-run accidents pose unique challenges for pedestrians. If a driver flees the scene after an accident, the victim may still have options, such as filing a claim with their own insurance company under uninsured motorist coverage, if applicable. This ensures that victims can still receive compensation for their injuries.

7. Wrongful Death Claims

In tragic cases where pedestrian accidents result in fatalities, surviving family members may pursue wrongful death claims. These claims can help families recover for lost income, funeral expenses, and emotional distress caused by the loss of their loved one. Establishing the negligence of the driver is critical in such cases.

Victims of pedestrian accidents in New York deserve to understand their rights and the personal injury claims process. Seeking legal advice from an experienced personal injury attorney can help navigate the complex steps toward achieving fair compensation. Remember that prompt action is essential, as New York has strict time limits for filing personal injury claims.