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Pedestrian Accident Lawyer in Brooklyn, NY

Being involved in an accident as a pedestrian is a traumatic experience. You could be contending with serious, life-altering injuries and an immense amount of pain. You may feel anger or frustration toward the driver who struck you and wish you could go back in time to stop the accident from happening. 

At the Wohlgemuth Law Firm PLLC, we understand the complex emotions that arise for pedestrian accident victims. We are prepared to put our extensive legal experience and in-depth knowledge of pedestrian laws to work to assist you. 

Allow our Brooklyn pedestrian accident lawyers to help you pursue compensation and start moving forward. Contact us today to request a free consultation with a personal injury lawyer in Brooklyn, NY

Breaking Down NY Pedestrian Laws

As many as 7,522 pedestrian deaths occurred in 2022 alone, while countless other incidents resulted in severe injuries. The National Highway Traffic Safety Administration estimates that 70% of pedestrians killed in accidents are male and that fatalities are highest among pedestrians aged 60 to 70.

Surviving a pedestrian accident is no small feat, and you are likely still facing severe injuries and a long road to recovery. Our pedestrian accident lawyers in New York will help you understand your rights to compensation by breaking down the state’s pedestrian laws. 

Under New York law, both drivers and pedestrians who violate vehicle and traffic laws can be held negligent for accidents and responsible for paying fines. Relevant laws our Brooklyn pedestrian accident lawyers might discuss include:

  • Pedestrians have the right-of-way at crosswalks.
  • Pedestrians should not suddenly walk or run in front of a vehicle, even within a crosswalk.
  • Vehicles approaching a stopped vehicle at a crosswalk should not go around it.
  • Pedestrians should not start crossing during a flashing or steady “Don’t Walk” hand signal at an intersection.
  • Drivers must exercise due care to avoid colliding with a pedestrian.

If a driver violated any of these laws in your pedestrian accident, they may be subject to citations and fines. These citations might make it clearer that they were responsible for your accident, not the other way around.

Our NYC sidewalk injury attorneys will review the details of your accident and determine whether any laws were broken by either party. 

Who Is Responsible for a Pedestrian Accident?

Contrary to some New Yorkers’ belief, pedestrians do not always have the right of way. A pedestrian may be partially or fully at fault for an accident in which they did not give the driver enough time to stop or crossed outside of a marked crosswalk. 

The insurance company may also assign you partial blame if:

  • You were crossing in low-visibility conditions, and it is reasonable that the driver did not see you.
  • You were walking along the side of the road in the direction of traffic rather than the opposite direction.
  • You stepped into the intersection after the red “Don’t Walk” signal had started flashing.

Meanwhile, the driver who hit you may be at fault if you were crossing in a crosswalk or another lawful area of the road and you gave them ample time to stop. Distracted driver pedestrian crashes are relatively common in NYC, as the hustle and bustle of the city, along with distractions inside the car, can lead drivers to overlook pedestrians crossing in front of them. 

Let our Brooklyn crosswalk injury attorneys gather evidence to minimize or deny your role in the accident and prove that the driver was at fault. 

Seeking Compensation After a Pedestrian Accident

Over 3,000 pedestrians are hospitalized each year across New York State. Pedestrian accidents lead to serious injuries, such as:

  • Broken bones
  • Soft tissue injuries
  • Traumatic brain injury
  • Spinal cord injuries
  • Internal bleeding
  • Damage to organs
  • Road rash
  • Serious bruising

You are likely facing steep medical bills and lost wages due to your inability to work. 

Our Brooklyn pedestrian accident lawyers will help you seek compensation. In New York, a driver’s no-fault insurance (also known as personal injury protection, or PIP, insurance) covers the injuries they cause to pedestrians. We will likely start by making a no-fault insurance claim through the at-fault driver’s insurance. 

No-fault insurance pays up to $50,000 per person for medical bills, lost wages, and other reasonable and necessary expenses.

If the driver did not have adequate insurance coverage or you were involved in a hit-and-run pedestrian accident, we can explore other means of seeking compensation, such as:

  • Making a claim through your own insurance (such as through your own insurance for either no fault coverage and/or uninsured/underinsured motorist benefits.)
  • Making a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC) for no fault benefits and a bodily injury claim. 
  • Filing a lawsuit against the driver

We will explore all avenues for pursuing compensation and attempt to maximize your payout. 

Trust Our Pedestrian Accident Law Firm To Represent You

If you were injured in a pedestrian accident, the thought of pursuing compensation might feel overwhelming. Let our Brooklyn pedestrian accident lawyers take this responsibility off your shoulders. We also assist family members whose loved ones passed away in pedestrian accidents; let us help you pursue a wrongful death case. 

Contact the Wohlgemuth Law Firm PLLC today at 718-474-9100 to schedule a free case evaluation and speak with a car accident lawyer about the particulars of your case. 

Frequently Asked Questions

When deciding between a vehicle vs. pedestrian lawyer, a lawyer who has experience with pedestrian accidents may be able to assist you better than one who has only represented car accidents. 

Yes, New York’s no-fault insurance covers pedestrians struck by an insured motor vehicle.  Our pedestrian accident attorneys in Brooklyn, NY, will help you make a claim through this policy, if applicable. 

It may take anywhere between a few months and over a year to settle a pedestrian accident case. Trust our Brooklyn pedestrian accident lawyers to keep your case moving and streamline your compensation. 

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