Category: Pedestrian Accident

Crosswalk sign

What Rights Do Pedestrians Have After an Accident with a Vehicle?

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In the bustling streets of New York, pedestrians weave through traffic and navigate crowded sidewalks, accidents involving vehicles can and do happen all too often. If you find yourself a pedestrian involved in such an incident, it is crucial to understand your rights and the legal recourse available to you.

Key Rights of Pedestrians After an Accident

Right to a Safe Environment

New York law mandates that property owners and municipalities maintain safe premises for pedestrians. This encompasses well-maintained sidewalks, proper lighting, and clear signage. If a lack of maintenance or negligence contributed to the accident, the pedestrian may have grounds for a personal injury claim against the responsible party.

Right to Compensation for Injuries

Pedestrians have the right to seek compensation for injuries sustained in a vehicle accident. Whether it’s a minor collision or a more severe incident resulting in significant injuries, the responsible party may be liable for medical expenses, rehabilitation costs, lost wages, pain and suffering, and other damages.

Right to File a Personal Injury Claim

In the aftermath of a pedestrian-vehicle accident, consulting with an experienced personal injury attorney who specializes in such cases is essential. New York follows a no-fault insurance system, requiring pedestrians injured by a vehicle to first seek compensation through their own insurance policy. However, if the injuries are severe, surpassing the “serious injury” threshold defined by New York law, the pedestrian may have the right to file a personal injury lawsuit against the at-fault driver.

Right to Recover Damages in a Lawsuit

If a pedestrian’s injuries meet the criteria for a personal injury lawsuit, they may be eligible to pursue various types of damages. These can include economic damages, such as medical expenses and lost wages, as well as non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life.

Right to Legal Representation

Pedestrians involved in accidents with vehicles have the right to legal representation. A skilled personal injury attorney can navigate the complexities of New York’s legal system, gather evidence, interview witnesses, and negotiate with insurance companies to help ensure the pedestrian receives the compensation they deserve. Having a knowledgeable advocate by your side is crucial in achieving a favorable outcome in your case.

Syracuse & Central Pedestrian Accident Attorneys

In the aftermath of a pedestrian-vehicle accident in New York, the injured party must be aware of their rights and the legal options available to them. Seeking the guidance of an experienced personal injury attorney can make a significant difference in navigating the complexities of the legal system and securing fair compensation. By understanding their rights, pedestrians can take the necessary steps to protect their interests and move forward on the path to recovery. For trusted legal counsel after an accident, get in touch with the team at CDH Law. Contact us today.

Pedestrian walking on the street

Keeping Pedestrians Safe

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The National Highway Traffic Safety Administration reports that, in 2020 alone, 6,516 pedestrians were killed in traffic crashes. Clearly, pedestrians are at risk on U.S. roads. As such, we should all make a concerted effort to do what we can to keep pedestrians safe. Motorists and pedestrians alike can make adjustments in their behaviors to help reduce the number of pedestrian accidents that occur each year. Let’s take a look at some of the ways we can help keep pedestrians safe.

Keeping Pedestrians Safe

One of the best ways that drivers and pedestrians can help keep pedestrians safe on the roads is by eliminating distractions. In recent years, the dangers of distracted driving have become a major talking point on the national stage. With our constant dependency on and use of our phones, most states have even passed legislation making it illegal to use a handheld device while driving. Unfortunately, distracted driving persists and it is one of the most common causes of pedestrian accidents. Drivers, put away your phones, wait to eat until you get home, give the road your full attention. You may just save a life.

Pedestrians, however, are also not immune to putting themselves in danger because of being distracted. If you look around on sidewalks everywhere, you will likely see pedestrians glued to their phone screen. They may be texting, checking email, or selecting some music to listen to on their walk. Regardless, pedestrians are as distracted as ever. Some remain distracted even when crossing roads. You can easily see how this would be dangerous. Pedestrians, help keep yourself injury and accident free. Pay attention to your surroundings.

Accounting for inclement weather conditions can also help keep pedestrians safe. Of course, best practice is to avoid walking or driving when rain, sleet, snow, and other dangerous weather patterns strike. Sometimes, however, this is not always possible. When inclement weather hits, visibility can be greatly impacted as can roadway traction. Icy or wet conditions can greatly increase the distance necessary for a car to come to a safe and complete stop or avoid a roadway hazard. These conditions can also increase the chances of a person losing control over their vehicle. In the event of rain or snow, pedestrians and drivers should remain extra vigilant. Pay attention to your surroundings. Vehicles, in particular, should slow their speeds.

Pedestrians can also help keep themselves safe by wearing bright and reflective clothing, especially at night. It is best, however, to avoid walking at night altogether. After all, visibility is lower at night. It is also more likely to be the victim of someone driving under the influence when you are out and about at night. If you are out walking at night, however, make sure your clothing is visible. Stick to well-lit areas and use crosswalks whenever available. Never assume that a vehicle sees you.

Personal Injury Attorneys

Pedestrian accidents can often involve devastating injuries. If you or a loved one has been injured in a pedestrian accident, reach out to the trusted personal injury team at CDH Law. Contact us today.