When you or a loved one is injured as a pedestrian in Melville, New York, you may be fighting the at-fault party’s insurance company while struggling to recover from your injuries. Meanwhile, you’re wondering how to make ends meet while you’re out of work. It can be overwhelming, but you don’t have to do everything on your own. Your focus should be on healing from your injuries, not on your legal battles.
Trantolo & Trantolo, LLC has been helping injured people like you since 1938. We understand what you’re going through and want to help you move forward in handling your case’s legal aspects while you focus on getting better.
Our pedestrian accident attorneys in Melville won’t hesitate to take your case to court if the liable party’s insurance company doesn’t offer you fair compensation. When you put your trust in us, you can be assured that we will listen to your concerns and serve your best interests. We will create a strategy to get you the highest possible compensation available in your case.
Why Melville, NY, Can Be Dangerous for Pedestrians
One thing most of the following pedestrian accidents in Melville had in common is they never would have happened if it wasn’t for an act of negligence:
- In August 2019, a man was injured when a Jeep struck him as he crossed Route 110 near Fletcher Place.
- In July 2021, a man was struck and killed by a drunk driver while crossing Broadhollow Road.
As a pedestrian, a single common but avoidable mistake like a driver checking a text message or driving too fast can lead to devastating consequences. When a pedestrian or their surviving loved ones have their lives turned upside down after a wreck, a personal injury lawyer in Melville can help hold the responsible parties accountable.
How Negligence Causes Pedestrian Accidents
Pedestrian accidents are on the rise, and various forms of driver negligence and risk factors frequently contribute to these incidents, leading to injuries and fatalities. Some common actions include:
- Speeding: Exceeding speed limits reduces stopping time and impact force.
- Distraction: Activities like phone use divert focus from the road and pedestrians.
- Fatigue: Drowsy drivers have slow reaction times and impaired attention.
- Recklessness: Aggressive behaviors like tailgating or ignoring traffic signals heighten risks.
- Intoxication: Alcohol and drugs severely hinder coordination and judgment.
- Bad weather conditions: Not slowing sufficiently in rain, snow, or fog leads to reduced visibility and control.
- Failing to yield: Not obeying right-of-way laws at crossings or intersections jeopardizes pedestrians.
- Obstructed views: Overgrown landscaping or obstructed sight lines prevent seeing pedestrians.
Drivers have a duty to operate vehicles carefully with full attention to hazards and road conditions. When negligent behavior breaches that duty, tragic outcomes often ensue. Understanding common dangerous driving practices empowers injury victims to pursue accountability.
Statutes of Limitations in New York Pedestrian Accident Cases
According to New York Civil Practice Law and Rules § 214, in New York, you have three years from the date of injury to file a personal lawsuit or settle. Different rules apply if the victim is a minor.
In the case of a fatal pedestrian accident, New York Civil Practice Law and Rules § 5-4.1 applies, which states that you have two years from the date of death to begin legal action. Wrongful death lawsuits in New York can only be filed by an authorized personal representative of the deceased’s estate.
Allowing the statute of limitations to lapse will mean you forfeit the ability to recover damages. The sooner you contact our Melville pedestrian accident attorneys for help, the better. We will use evidence like your Suffolk County police accident report, medical records, and medical bills to build a strong case.
Damages You Can Claim in a Pedestrian Accident Case
If you are injured as a pedestrian in an accident caused by a negligent driver, some damages you may be able to claim through a personal injury lawsuit include:
- Past and future medical expenses: Bills for hospitalization, surgeries, therapy, medication, assistive devices, and at-home care relating to accident injuries.
- Lost income: Wages from missed work due to recovery and treatment for your injuries.
- Loss of future earning capacity: Compensation for reduced ability to earn income if disabilities limit employment options.
- Pain and suffering: Damages accounting for both physical discomfort and emotional trauma, like depression or PTSD resulting from the incident.
- Loss of enjoyment of life: Compensation if injuries prevent you from participating in hobbies, activities, or experiences that previously brought you joy.
- Property losses: Repair or replacement costs for any property damaged, such as a bicycle.
- Wrongful death damages: In a fatality case, compensation for factors like funeral expenses and loss of companionship.
A personal injury attorney will thoroughly calculate and document all applicable damages to pursue maximum compensation in your pedestrian accident claim.
How Much Your Melville Pedestrian Accident Claim Is Worth
After a pedestrian accident in New York, your first question is likely: What will my claim be worth? With medical bills rising and lost wages mounting, you need to know if potential compensation will provide enough financial security to allow you to move forward after your injuries.
How much your case will be worth will depend on your damages and other circumstances of your accident. These are some of the results we’ve achieved for our clients, which shows the level of representation you’ll receive, even if you won’t necessarily have the same outcome:
- Our client was seriously injured by a vehicle and required multiple surgeries. We were able to secure a $2 million settlement.
- Our client was hit in a crosswalk, resulting in a broken leg that required surgery. We were able to secure a $1.2 million settlement.
- Our client was struck in a crosswalk, resulting in a fractured arm and soft tissue injuries. We were able to secure a $475,000 settlement.
- Our client was struck by a distracted driver in a parking lot. We were able to secure a $325,000 settlement.
- Our client was hit in a lot, resulting in fractures that needed surgery and physical therapy. We were able to secure a $300,000 settlement.
- Our client was hit by a drunk motorcyclist, resulting in leg injuries that required hospitalization and surgery. We were able to secure a $250,000 settlement.
- Our client was struck at high speed while entering her car, resulting in head and wrist injuries that required multiple surgeries. We were able to secure a $230,000 settlement.
How New York’s Fault Laws Can Affect Your Melville Pedestrian Accident Claim
New York is one of the few states that follows a pure comparative negligence system. Under this system, even if a pedestrian is partially at fault, you can still recover compensation for your damages reduced by your percentage of fault. You are only barred from recovering any compensation if you are found to be 100% at fault in your pedestrian accident.
Under New York’s No-Fault law, you can only file a claim for a pedestrian accident involving a vehicle for losses that exceed your insurance’s No-Fault benefits. You can only recover non-economic damages like pain and suffering if you have a serious injury as defined by New York ISC § 5102(d).
The Stages of a Pedestrian Accident Claim in Melville, New York
- Get a pedestrian accident case evaluation to learn more about your legal options in New York.
- Communicate with the responsible party’s insurance company to exchange information, being careful not to make statements that can hurt your case.
- Gather evidence like police reports, medical records, and witness statements to prove your claim.
- Calculate the total value of your losses to determine a figure for your compensation.
- Negotiate with the other party’s insurance company to agree on your compensation amount.
- If settlement negotiations fail and we cannot reach a fair amount, we will take your case to court.
Get a Free Consultation With a Pedestrian Accident Lawyer in Melville, NY
At Trantolo & Trantolo, we believe corporations shouldn’t have more rights than you do if you are injured in a pedestrian accident. That’s why our pedestrian accident attorneys in Melville fight to get you the fair and adequate compensation you deserve when injured by an act of negligence.
Don’t fight this battle alone. We are available to help you 24 hours a day, seven days a week. Schedule a free consultation with us to learn more about your rights in New York.