Pedestrian Accident Lawyer in New York City

Our Pedestrian Injury Attorney Knows How to Help

WHY CHOOSE TUCKER LAWYERS?

While pedestrian accidents are often the fault of a careless driver, this is not always the case. Insurance company attorneys will do their best to create the impression that your accident was your fault. These cases can become complicated, so it’s important to have a lawyer you feel comfortable with and who has the qualifications to get the results you need.

There are plenty of reasons to choose Tucker Lawyers PC ahead of the competition, including:

• Our 30 years of experience with a wide range of vehicle accidents. Attorney John Tucker has worked in litigation since the beginning of his career, representing clients in complex, high-value actions, such as airplane accident lawsuits.
• The results we get, like the $1.35 million we won in a car accident settlement. You can read our client testimonials to learn more about how we do it.
• Our willingness to deal with insurance companies so you don’t have to.
• Our efforts to give back to the community.
• The awards we’ve won, including the AVVO Rating for Excellence in Personal Injury and the Top 100 Settlements for personal injury from Topverdict.com.

Remember, we offer free initial consultations. You don’t need to pay anything unless we win and you get your money.

How Our Pedestrian Accident Lawyers Work for You

Once you hire a pedestrian accident lawyer from our firm, we will:

• Meet with you to discuss how the accident happened, who the responsible parties may be, and how much your case should be worth
• Investigate the accident, gathering evidence from traffic cameras, surveillance footage, police reports, and medical reports
• Interview witnesses, police officers, and first responders to gather all available information
• Hire experts to reconstruct the accident and testify about who may have been at fault
• Hire experts to provide testimony about the negative impact your injuries have had on your life and the care you will require going forward
• Negotiate with your insurance company to fight for a fair settlement on your behalf
• Persuasively argue in front of a judge or jury if your case goes to trial.

We will be there for you throughout the entire process, addressing your concerns and keeping you informed.

GET HELP NOW (516) 399-2364

Pedestrian Injury Attorney Knows Causes of Pedestrian Accidents

Pedestrians are the most vulnerable road users, and one moment of carelessness from a motorist can change a pedestrian’s life forever. Negligent driving takes many forms, including:

• Use of mobile devices behind the wheel
• Driving while fatigued or drowsy
• Operating a vehicle under the influence of alcohol or other substances
• Driving aggressively
• Failing to properly observe surroundings, including other road users and pedestrians
• Turning without signaling properly
• Trying to “beat” red lights.

Distracted driving (the use of smartphones on the road) remains the leading cause of vehicle accidents involving pedestrians. Studies have shown that drivers generally remain distracted for at least five seconds after looking at phones. A 2,000-pound vehicle can do a lot of damage in that amount of time.

Pedestrian Safety Tips

Though it’s largely up to drivers to keep pedestrians safe on the roads, there are also steps you should take to ensure your own safety when you’re traveling around New York City on foot. These include:

• Staying visible: Bright or reflective clothing is a great idea if you’re walking in dimly lit areas of the city at night.
• Using crosswalks and obeying traffic signals: Always cross the street at marked crosswalks or intersections with traffic signals. Also, avoid attempting to cross against a red light, even if it seems safe.
• Staying alert: Be aware of your surroundings and avoid using your phone while you’re moving, particularly when crossing the street. Be conscious of approaching vehicles, and avoid wearing headphones that block out all ambient noise.
• Walking on sidewalks: Always use sidewalks when you can. If there are no sidewalks, face oncoming traffic and keep as far to the left as possible.
• Taking care at intersections: Look both ways before crossing the street. This may be elementary-school advice, but it could save your life. Also, be aware that drivers may not always yield the right of way as they’re supposed to, especially when turning at intersections.
• Keeping a clear head: Many New Yorkers choose to walk home after nights out, whether to save on the cost of a taxi or Uber or to boost their daily step counts. While this is a commendable idea, it’s important to be careful on your way home if you’ve had a long night. Alcohol and drugs can impair your judgment and reaction time, increasing the risk of an accident.

NYC Pedestrian Accident Attorney Knows No-Fault Laws

In 1973 the New York State Legislature passed what is commonly referred to as the “No-Fault Law,” which provides for the economic needs of pedestrians who have been hit by cars, including in hit-and-run cases. No-fault coverage pays for medical bills, prescription costs, household services, transportation to medical providers, and a portion of lost wages.

However, the true intent of the no-fault law was to limit an injured person’s ability to collect compensation for their pain and suffering, and there are many restrictions and filing requirements related to no-fault laws in New York.

A seasoned pedestrian accident attorney in NYC can help you avoid the pitfalls associated with no-fault claims and maximize your benefit entitlements.

SERIOUS INJURY IN A PEDESTRIAN ACCIDENT

If you have sustained serious injuries in a pedestrian accident, you may be able to go beyond no-fault restrictions and bring a claim for compensation against the responsible party. Under NY state law (NY Insurance Section 5102(d)), your claim must meet the serious injury threshold, which is defined as:

• death
• dismemberment
• significant disfigurement
• fracture
• loss of a fetus
• permanent loss of use of a body organ, member, function, or system
• permanent consequential limitation of use of a body organ or member
• significant limitation of use of a body function or system
• a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for at least 90 days during the 180 days immediately following the occurrence of the injury or impairment.

Damages

If you succeed in a pedestrian accident lawsuit in New York, you may be entitled to various categories of damages.

Economic Damages

Economic damages, also known as special damages, are meant to compensate you for the financial losses incurred as a result of the accident. These types of losses generally have a clearly observable financial value, such as from a receipt or invoice. Examples include:

• Medical expenses: These may include doctor visits, hospital stays, surgeries, medications, physical therapy, and ongoing medical care related to the accident.
• Lost wages: If you’re unable to work following an accident, you may be entitled to compensation for the income you miss out on.
• Property damage: You may be entitled to compensation to cover the repair or replacement of any property damaged in your accident.

Non-economic Damages

Non-economic damages, also known as general damages or pain and suffering damages, provide compensation for intangible, non-monetary losses arising from an accident. Examples of losses compensated by non-economic damages include:

• Physical pain
• Loss of enjoyment of life
• Emotional distress.

Additionally, the spouse or partner of a pedestrian accident victim may be entitled to damages for loss of companionship, affection, or sexual relations. These are known as loss of consortium damages.

Punitive Damages

Punitive damages are awarded to punish the at-fault party for particularly egregious conduct. In New York, punitive damages are generally awarded only in cases involving willful negligence or a high degree of moral culpability on the part of the defendant.

Pedestrian Accident Lawyer in NYC Answers Frequently Asked Questions

Do I need an attorney to handle my claim?

Yes. Attorneys know how to navigate the complexities of the legal system and how to deal with insurance companies who have armies of lawyers, claims specialists, and other experts at their disposal. They are more likely to take your case seriously and negotiate fairly when you have a lawyer on your side willing to take your case to court.

Are there time limits for filing a lawsuit?

Yes. New York has a statute of limitations, a time limit for filing a personal injury suit. Under the law (NY Civil Practice Laws & Rules Section 214), you generally must file a lawsuit within three years of the date of the incident. If you let this deadline pass, the courts are likely to dismiss your case.

Can I bring a claim even if the other driver wasn’t 100 percent at fault?

Yes. New York law follows the pure “comparative negligence” statute. According to the law (NY CVP/1411 Article 14-A), an injured party can be compensated for their injuries relative to their percentage of fault for their accident. For example, if a claimant was 20% at fault, they will be able to collect 80% of the amount awarded.

How long will it take to settle my case?

All cases are different, but our legal team utilizes the most advanced technology and aggressive legal strategies to expedite our clients’ cases. Less than 10% of our suits go to court; we negotiate satisfactory settlements the rest of the time.

How will my medical bills get paid?

Your medical bills will ultimately be paid by the insurance company that covers the car that struck you. You must file a no-fault application with that insurance company within 30 days of the accident or you will waive your right to claim compensation.

Do I have to pay any legal fees if I lose my case?

No, not with Tucker Lawyers PC. We work solely on a contingency basis, so there are no fees to you unless and until we win. Our written agreement with you states that if you don’t win your case, we don’t get paid. Period!

At Tucker Lawyers, count on us to be there for you and answer your questions throughout the entire legal process.  Call us today to get started.

Free Consult (516) 399-2364

Wrongful Death Claims and Pedestrian Collisions

Pedestrians are far more likely to die in crashes than the occupants of passenger vehicles. On average, one pedestrian dies in the U.S. every 75 minutes, according to the Centers for Disease Control and Prevention. When a driver’s mistakes cause loss of life, family members of the deceased person can seek compensation for their suffering.

Under a wrongful death claim, you can seek payment for burial and funeral expenses, medical expenses, and loss of the deceased’s earnings, among other costs.

Managing Attorney John. J. Tucker, Esq.

John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]