Long Island is a high-risk area for pedestrian accidents. Unfortunately, when someone on foot is struck by a motor vehicle, they have much less protection than the driver. The impact can be devastating, resulting in serious, potentially fatal injuries. In the aftermath of a pedestrian accident, victims may be faced with hospitalization, mounting medical bills, and other losses.
Drivers on Long Island are legally obligated to share the roads responsibly with pedestrians. When they breach that duty by displaying negligence, they may be held liable through a personal injury lawsuit with the help of a Long Island pedestrian accident lawyer.
There are strict legal deadlines and complex procedural issues in bringing a claim against drivers and their insurance providers. The team at Trantolo & Trantolo, LLC can handle the legal aspects of your claim so you can focus on what matters most: your health. Call us today to learn more about what our Long Island personal injury lawyer can do for you.
Recoverable Damages for Victims of Pedestrian Accidents
If you were hurt in a pedestrian accident, our team will assess your case to determine which losses you can recover. Depending on your case’s details, you could seek a settlement that covers your:
- Medical expenses
- Lost income
- Reduced earning capacity
- Property damage
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Reduced quality of life
- Scarring and disfigurement
Once we understand the scope of your losses, we can demand compensation from the at-fault party. We take into account your current and future damages, including medical treatment you may need later on and compensation for your future lost wages if you’ve lost the ability to work. We may also be able to get compensation for lost professional opportunities like bonuses and raises.
Seeking Compensation after a Fatal Pedestrian Accident on Long Island?
When a life is cut tragically short by a fatal pedestrian crash on Long Island, obtaining just compensation for the grieving survivors is extremely important. Though no settlement amount could ever make up for the profound loss, compensation can help you cope with any costs related to the accident. These can include:
- Medical care bills from the accident
- Pain and suffering if the deceased suffered before their passing
- The cost of emergency transportation
- The loss of the decedent’s income
- Funeral and burial expenses, which are often expensive on Long Island
In New York, you generally have two years from the time of the fatal pedestrian accident to file a lawsuit, per EPT § 5-4.1. The claim can only be filed by a representative of the estate, who will be appointed by the court. Close relatives like spouses, children, and other dependent parties may be eligible for compensation.
Why Pedestrian Accidents Are Devastating for Victims and Their Families?
Long Island can be a dangerous place for pedestrians. There has been a demand for increased pedestrian safety measures on Long Island after more than two dozen people were killed in accidents in Nassau and Suffolk Counties recently. During this past year on Long Island:
- A jogger was killed and her two brothers were injured when they were struck by a minivan.
- A pedestrian was killed in a crash on Sunrise Highway.
- Two pedestrians were struck and killed in a hit-and-run crash in Farmingville.
- A vehicle struck three pedestrians on Patchogue’s Main Street, injuring all three.
Pedestrian accidents often result in catastrophic injuries or tragic loss of life. The physical and emotional impacts shatter not just the individual victim, but also profoundly affect their grieving loved ones in cases that result in fatalities.
Our Long Island personal injury attorneys can help you seek the compensation you need to recover from your pedestrian accident.
How Negligence Causes Pedestrian Accidents on Long Island?
Driver negligence is a leading cause of pedestrian injuries and fatalities on Long Island and across New York. When motorists act irresponsibly behind the wheel, they put pedestrians at serious risk.
Some examples of negligent driving behavior include:
- Distracted driving: Drivers who are distracted by their phones, GPS, or another device are more likely to cause accidents, including those involving pedestrians.
- Impaired driving: Whether under the influence of alcohol or drugs, impaired drivers are more likely to make mistakes behind the wheel that can lead to a pedestrian accident.
- Speeding: On Long Island roads, speeding can be a major problem. Drivers who exceed the speed limit are more likely to lose control of their vehicles. Inclement weather conditions can make the consequences of speeding even more dangerous.
- Poor road conditions: Failing to drive appropriately for certain weather and traffic conditions.
Pedestrians involved in wrecks face severe injuries like traumatic brain injuries, spinal cord damage, broken bones, and even death. Lawsuits hold negligent drivers accountable, leading to safer roads for all Long Island residents, workers, and visitors.
Who You Can Demand Compensation from in a Long Island Pedestrian Accident Claim?
Pedestrian accidents result from many causes, and the cause of your wreck will help your lawyer determine liability. If someone else’s negligence or wrongful actions led to your injury as a pedestrian, you may pursue financial compensation. Potentially liable parties include:
- Drivers: Cars, trucks, buses, and other motor vehicle operators often bear responsibility for pedestrian collisions. Their distracted, reckless, or impaired driving frequently leads to car accidents and truck accidents that injure pedestrians.
- Cyclists: Bicyclists must obey traffic laws and ride responsibly around pedestrians to avoid collisions. Bicycle accidents can leave pedestrians with long-term medical needs.
- Other pedestrians: In crowded urban areas, one pedestrian’s careless actions can sometimes cause harm to others on foot.
- Employers: Companies can be considered liable if their employee or vehicle struck you as a pedestrian while working.
- Property owners: Poorly maintained walkways, lighting, and parking lots contribute to pedestrian crashes.
- Government agencies: Local municipalities failing in their duty to provide safe roads and crossings may owe damages.
- Transit companies: Buses and other public transportation services must keep passengers and pedestrians safe.
Our legal team undertakes thorough investigations to understand why the accident occurred and who bears responsibility. Successfully holding all negligent parties fully accountable is key to securing fair compensation. If you miss any potentially liable parties, you could be leaving money on the table.
How New York’s No-Fault Laws Affect Pedestrian Accident Claims?
New York’s no-fault insurance laws can have a significant impact on pedestrian accident claims, affecting how an injured pedestrian can seek compensation for their medical expenses and lost wages. Under the state’s no-fault system, pedestrians who are injured in accidents involving motor vehicles are typically covered by the vehicle’s no-fault insurance policy, regardless of who was at fault for the accident.
When a pedestrian is struck by a car, the vehicle’s no-fault insurance will cover their medical expenses and a portion of their lost wages, up to a certain limit. This coverage is known as Personal Injury Protection (PIP) and is mandatory for all vehicles registered in New York. The current PIP limit in New York is $50,000 per person for medical expenses and lost wages combined.
One of the main advantages of the no-fault system is that it allows injured pedestrians to receive compensation for their medical bills and lost wages relatively quickly, without having to prove fault or wait for the resolution of a lengthy legal battle. However, there are also some limitations, like the fact that New York’s no-fault insurance does not cover non-economic damages such as pain and suffering.
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How Long Do You Have to File a Pedestrian Accident Claim in New York?
New York state has strict statutes of limitations that outline the amount of time you have to sue after any pedestrian accident injury. For pedestrians who suffer injuries due to a driver’s negligence, you generally have three years from the actual date of injury to have an attorney formally file your lawsuit, per CVP § 214.
These cases require extensive preparation, investigation, and processing before formal filings can begin. Contacting our team of Long Island pedestrian lawyers as soon as you can after a wreck ensures that critical evidence at the scene does not erode and witness testimony stays sharp.
When it comes to personal injury claims, delaying your fight for compensation could lead to a denial of your compensation. If you miss the deadline as set by New York’s statute of limitations, in most cases you will lose your right to recover your damages entirely. The sooner you reach out to us, the sooner we can begin building your pedestrian accident claim.
What Happens if I Can’t Afford a Long Island Pedestrian Accident Attorney?
If you’ve been injured in a pedestrian accident on Long Island and are worried about the cost of hiring an attorney, it’s important to know that we work on a contingency fee basis. This means that you won’t have to pay any upfront costs or attorney’s fees when you hire a lawyer from Trantolo & Trantolo, LLC to represent you in your pedestrian accident case.
Under a contingency fee arrangement, your Long Island pedestrian accident attorney will agree to represent you without charging any hourly fees or retainers. Instead, they will receive a percentage of the final settlement or jury award as their payment, but only if we recover compensation on your behalf. If your case is not successful, you will not owe your attorney any fees.
The contingency fee model allows individuals who might not otherwise be able to afford legal representation to pursue their pedestrian accident claims without worrying about the cost. It also aligns your attorney’s interests with your own, as they will be motivated to work hard to secure the maximum compensation possible for your injuries and losses.
Can You Get Compensation if You Were Partially at Fault in a Pedestrian Accident in New York?
Yes, even if you were partially at fault in a pedestrian accident in New York, you may still be eligible to receive compensation for your injuries and losses. This is because New York follows a pure comparative negligence rule when it comes to personal injury cases, including pedestrian accidents. Under this rule, you can recover damages as long as you are not 100% responsible for the accident.
The pure comparative negligence rule allows you to seek compensation even if you were partially at fault, but your potential award will be reduced by your percentage of responsibility. For example, if you are found to be 30% at fault for the pedestrian accident and your total damages are $100,000, you would be able to recover $70,000 (70% of the total damages) from the other party or parties responsible for the accident.
It’s important to note that determining fault in a pedestrian accident can be complex, as there may be multiple factors and parties involved. The insurance companies and legal teams representing the other parties may try to assign a higher percentage of fault to you to minimize their financial responsibility. This is where having an experienced Long Island pedestrian accident lawyer on your side can make a significant difference.
What if the Pedestrian Was at Fault in a Long Island Pedestrian Accident Claim?
In a Long Island pedestrian accident claim, the question of fault is crucial in determining whether the pedestrian can recover compensation for their injuries. Drivers are often at-fault in pedestrian accidents, but pedestrians can also be at-fault or they can share fault.
How a Pedestrian Can Share Fault in an Accident?
Here are some scenarios where a pedestrian might be found at fault or partially at fault for an accident:
- Jaywalking: If a pedestrian crosses the street outside of a designated crosswalk or against traffic signals and is hit by a vehicle, they may be found partially or entirely at fault for the accident.
- Distracted walking: If a pedestrian is distracted by their phone, headphones, or other electronic devices and fails to pay attention to their surroundings, resulting in an accident, they may be found to have contributed to the incident.
- Intoxication: If a pedestrian is under the influence of alcohol or drugs and their impairment contributes to the accident, they may be found partially at fault.
- Failure to follow traffic rules: Pedestrians are expected to follow traffic rules and signals. If a pedestrian disregards these rules, such as walking against a “Do Not Walk” signal, and is involved in an accident, they may be found to have contributed to the incident.
It’s important to note that drivers still have a duty to exercise reasonable care to avoid hitting pedestrians, even if the pedestrian is at fault. If a driver had the opportunity to avoid the accident but failed to do so, they might still be held liable for the pedestrian’s injuries.
If you’ve been involved in a pedestrian accident on Long Island, it’s essential to consult with an experienced pedestrian accident lawyer from Trantolo & Trantolo, LLC who can help you navigate the legal process, protect your rights, and work to secure compensation, even if you may be partially at fault for the accident.
What to Do After a Pedestrian Accident?
After a pedestrian accident, the first and most crucial step is to seek medical attention immediately.
Put Your Health and Safety First
Even if you believe your injuries are minor, it’s essential to get checked out at the hospital. After a car accident, you may be in shock. It may take a while for the pain to set in. Some injuries may not be immediately apparent, and prompt medical care can help prevent complications and provide documentation of your injuries for your legal case.
Report the Pedestrian Accident
If you are able, call the police to report the accident. Law enforcement will create an official accident report, which can be valuable evidence in your pedestrian accident claim. While waiting for the police to arrive, remain at the accident scene if it is safe to do so. If you must leave the scene to seek emergency medical care, ask someone else to stay and provide your contact information to the police.
Gather Evidence of the Accident
Collect the names and contact information of any witnesses to the accident. Witness statements can provide crucial support for your case, helping to establish fault and verify your account of the incident. If possible, take photos of the accident scene, including any visible injuries, damage to the vehicle involved, and current road conditions. These photos can serve as valuable evidence in your claim.
Consult a Pedestrian Injury Lawyer
As you focus on your physical recovery, it’s important to remember that you don’t have to handle the legal aspects of your case on your own. Seeking the assistance of a skilled pedestrian accident lawyer can make a significant difference in the outcome of your claim. Your Long Island pedestrian accident attorney will guide you through the legal process, protect your rights, and work tirelessly to help you seek compensation for your injuries and losses.
Your pedestrian accident lawyers will also help you hold the negligent party responsible for their actions. Whether through skilled negotiation or aggressive litigation, your legal team will fight for your right to fair compensation, which may include damages for medical expenses, lost wages, pain and suffering, and other losses related to the accident.
How a Long Island Pedestrian Accident Lawyer Can Help You After You’ve Been Injured?
If you’ve been injured in a pedestrian accident on Long Island, a skilled pedestrian accident lawyer can provide invaluable assistance in helping you navigate the complex legal process and secure compensation. Here’s how a Long Island pedestrian accident lawyer can help you:
- Investigating your case: Your lawyer will thoroughly investigate the circumstances surrounding your pedestrian accident. They will gather evidence at the accident scene to build a strong case.
- Negotiating with insurance companies: Insurance companies often try to settle pedestrian accident claims for less than they are worth. Your lawyer will use their negotiation skills and knowledge of the law to advocate for a fair settlement that fully compensates you for your injuries and losses.
- Representing you in court: If we can’t reach a fair settlement through negotiations, your pedestrian accident lawyer will be prepared to take your case to trial. They will present your case to the judge and jury, fighting for your right to compensation.
- Providing guidance and support: Dealing with the aftermath of a pedestrian accident can be emotionally challenging and confusing. Your lawyer will offer guidance and support throughout the legal process, keeping you informed about your case’s progress and answering any questions you may have.
By working with a Long Island pedestrian accident lawyer, you can focus on your recovery while your attorney handles the legal aspects of your case. Your lawyer will fight for your rights, work to hold the responsible parties accountable, and strive to secure the maximum compensation possible for your injuries and losses.
Talk to a Pedestrian Accident Law Firm on Long Island
No one ever expects that they will end up in a pedestrian accident. However, these dangerous collisions unfortunately occur far too often on Long Island. If you or a loved one has suffered traumatic injuries after being struck by a negligent driver while walking along a roadway or crossing at an intersection, having legal representation can protect your rights.
The Long Island attorneys at Trantolo & Trantolo, LLC understand the immense physical, emotional, and financial devastation injured pedestrians face. We have recovered millions of dollars in verdicts and settlements over our decades of representing victims across Long Island.
For a free, no-obligation consultation, fill out our online contact form or call us any time. Let Our Family, Help Your Family.