New York City pedestrian accidents occur at an alarming rate. Of everyone on the road, pedestrians are the most vulnerable due to having no physical protection from vehicles. Even a low-speed collision can cause severe injuries and death. Section 1151 of the New York State Vehicle and Traffic Laws states that in the absence of a traffic signal, pedestrians are afforded the right of way over motor vehicles and any driver that must cross a sidewalk or other pedestrian walkway to access a driveway or parking lot must yield to pedestrians on such sidewalk. In an accident, pedestrians can take legal action against the driver-at-fault, who would be responsible for covering damages and costs such as medical expenses, loss of earnings due to physical and mental impairment.
Common Causes of a Pedestrian Knockdown
Driver negligence is a frequent contributing factor to crashes in which a pedestrian is injured or killed in a pedestrian knockdown accident. As a pedestrian, you can take safety measures to avoid accidents such as crossing streets at crosswalks or intersections whenever possible, making sure to cross at the walk signal, increasing your visibility at night by carrying a flashlight and wearing reflective clothing, walking on a sidewalk, or, if one is not available, walking on the shoulder and facing traffic, and avoiding using electronic devices or other distractions that divert your attention from the road. Unfortunately, no matter what precautions you take, you cannot always protect yourself from a negligent driver. Common contributing factors of a pedestrian knockdown accident on the part of the driver include:
– turning left or right onto a pedestrian’s path without yielding the right of way,
– attempting to beat a red light,
– failing to signal when turning or changing lanes,
– driving under the influence or while sleep deprived,
– ignoring traffic signals and signs,
– being preoccupied or inattentive,
– cell phone use,
– disregarding weather conditions,
– disregarding traffic patterns,
– hit and run.
Pedestrian Knockdown Injuries
The speed of a vehicle can play a major role in the severity of injuries in a crash with a pedestrian. The most common injuries to pedestrians from a pedestrian knockdown accident include:
– head trauma, including traumatic brain injury (TBI),
– neck injuries,
– leg and hip trauma,
– ligament and knee injuries,
– spinal cord injuries,
– broken bones,
– and even death.
What To Do After a Pedestrian Knockdown Accident
– Seek medical attention, even if you do not believe you were seriously injured. This will ensure that injuries are properly identified and treated, creating an official medical record documenting your injuries, their severity, and any treatment you may need to undergo. If you are not transported to the hospital by ambulance for treatment, visit a physician as soon as possible after the accident to get a thorough evaluation of your injuries. Some symptoms of injuries like mild traumatic brain injuries, internal organ damage, whiplash, and others may appear in the following hours or days, so do not assume you are not hurt just because you feel fine right after the car accident occurred.
– Not seeking medical treatment could severely harm your injury claim if you need to file one later. If your doctor refers you for imaging tests, surgical procedures, physical therapy, or other treatment, you should follow their orders. A gap in treatment is significant evidence insurance companies can use to deny claims. They might argue that the accident did not cause an injury or your injury is not severe enough to require medical intervention.
– If possible, record information about the accident such as names of anyone involved in the accident, license plate number of the vehicle involved, contact information for witnesses to the accident
– Retain a pedestrian knockdown attorney as soon as possible. It is important to note that New York and New Jersey are subject to a statute of limitation for the amount of time in which you can bring a legal claim. At Karasik Law Group, our attorneys are highly skilled and knowledgeable pedestrian knockdown attorneys who will work tirelessly to maximize your recovery.
How Can a New York and New Jersey Car Accident Attorney Help?
If you or a loved one have been the victim of a pedestrian knockdown accident due to the negligence of a motor vehicle driver, Karasik Law Group will fight for your family’s right to compensation for every dollar you are entitled to under the law. Call us to today at (718) 502-9112 to schedule a free consultation. And be sure to visit our website at www.karasiklawyers.com. At Karasik Law Group, winning matters. Win with us! We speak for the injured; our results speak for themselves.