Long Island Pedestrian Accident Lawyers Litigating Your Case
New York City is one of the most walkable cities in the world, and it’s common for residents in and around this area not to even own a car. But with all of that walking comes an increased risk of pedestrian accidents. A pedestrian accident is usually when a car strikes a pedestrian on the street. However, sometimes pedestrian accidents can also happen when a motorcycle, bicycle, or scooter hits someone walking down the street.
Victims of pedestrian accidents often have serious injuries, and they may be able to seek compensation for medical bills and other financial burdens that happen as a result of the accident. At MontanaroLaw P.C., we know that it can be difficult to sift through all of the personal injury attorneys in the Long Island area to try to find the right one. That’s why we pride ourselves on meeting our client’s expectations and going above and beyond when it comes to communication and the attorney-client relationship.
Our team has experience in handling pedestrian accident cases and knows how to represent you to the full extent of our knowledge and abilities. We offer prospective clients a free consultation so they can get the chance to talk with us directly and see how we can help.
What Are Common Causes of Pedestrian Accidents?
The most common cause of pedestrian accidents is distraction. When motorists are on their phones, they may not see someone walking in front of them while crossing the street or may veer off of the road, striking a pedestrian. Falling asleep at the wheel and driving under the influence of substances are also common things that lead to pedestrian accidents.
In some cases, the pedestrian may be the person who is at fault. For example, if a person walks between two cars parked by the side of the street, an oncoming driver may not be able to see them until it’s too late. Pedestrians also sometimes try to walk through or around traffic, which can increase the chances of getting hit or going through crosswalks when they aren’t cleared to cross.
What Kinds of Injuries Can Result From a Pedestrian Accident?
There’s no such thing as a good injury, but unfortunately, pedestrian accident injuries are often some of the worst that we see. This is mainly due to the fact that someone walking has zero protection from the impact of the vehicle, which greatly increases the risk of serious injuries. Some injuries that are possible to obtain from a pedestrian accident include:
- Broken bones
- Crush injuries from being run over by a vehicle
- Traumatic brain injuries
- Lost teeth and dental issues
- Broken jaws
- Internal bleeding
- Lacerated organs
- Cuts, bruises, and scrapes
These serious injuries come with equally serious medical expenses in most cases. From an ambulance ride to the nearest trauma hospital to surgeries and ongoing therapy appointments to regain motor function after the accident, it’s not uncommon for victims of pedestrian accidents to incur medical bills in the tens of thousands. In the very worst cases, someone could have permanent brain damage and need around-the-clock care for the rest of their lives.
Because of the serious nature of these injuries, it’s important to have an attorney who understands what the full financial impact could be. This includes immediate medical bills as well as estimates for ongoing care. This ensures that you ask for a compensation amount that will be what you need to take off some of the financial burdens.
Who Is at Fault in a Pedestrian Accident?
Determining who is at fault in a pedestrian accident is one of the key factors in figuring out if you have grounds to file a lawsuit. In general, it’s considered that pedestrians always have the right of way. This means, in most cases, the driver of the vehicle is at fault when there is pedestrian versus motor vehicle accidents.
However, it is possible for pedestrians to carry some liability if they were not obeying laws, such as jaywalking instead of crossing at a crosswalk. In these instances, there may be a joint liability, but it is still possible to be awarded compensation as part of a lawsuit, even if you are found to be partly liable.
What Does a Duty to Remain Vigilant Mean?
When you are talking to an attorney about your case, you may hear the phrase “duty to remain vigilant,” but wonder what this means exactly. The duty to remain vigilant applies to both the motor vehicle driver and the pedestrian. It means that the person must be exercising their duty to be mindful of their surroundings. For a driver, this may mean checking mirrors, driving slowly if there are pedestrians around, and avoiding distracted driving.
For a pedestrian, remaining vigilant means making sure that you are aware of your surroundings. Pedestrians who are listening to music at a volume that keeps them from being able to hear a car coming up behind them, for example, would not uphold this duty. If you are not meeting the duty to remain vigilant as outlined by the court system, you could share liability for the accident.
How Long Does a Pedestrian Accident Case Take?
Pedestrian accidents can be time-consuming to litigate. If you are able to settle out of court with the other party, you may only have to wait a few months to wrap up the case. But if you end up going forward with a trial, it can take a year or more to get to the end of the lawsuit. You will have to file your initial lawsuit and then wait for the first hearing. Then, both parties have to have time to gather evidence, go through discovery, and depose witnesses. After that, it is the actual trial itself. A jury trial can last several weeks just for that stage of the process. After the verdict is given, you may have to wait longer if there is an appeal.
It’s important to have realistic expectations for how long a motor vehicle lawsuit can take so that you can plan financially. You may need to cover medical bills and other expenses for several months before you are able to recoup any kind of settlement through the case. If you’re concerned about how long a pedestrian accident case can take, we can help you understand the possible timelines and talk about your options for getting things finalized as quickly as possible.
What Kind of Compensation Can I Ask For?
When you file a pedestrian accident case with the New York courts, you attach an amount that shows how much you are seeking in compensation. That compensation amount is usually largely based on the medical bills that you have accumulated as a result of the injuries from the accident. However, it could also include lost wages from time off work or pain and suffering.
When you discuss your case with a pedestrian accident attorney, they will go through your records and details of your accident to see what type and amount of compensation you may be able to ask for. They can also help you determine an appropriate dollar figure for intangible items such as pain and suffering, reduction in future employment ability, and loss of companionship.
What Does a Pedestrian Accident Lawyer Do?
A New York pedestrian accident lawyer represents you throughout your case. In the beginning, this means talking with you about your case and the circumstances surrounding the accident. The attorney can help you decide if you have a strong enough case to move forward with filing a lawsuit or if another option is a better choice for you.
If you decide to go through with the lawsuit, the attorney will file all of the paperwork and be your legal counsel throughout the process. This means that they will be responsible for filing motions and responding to the other party’s filings, and they will also be your resource for all of the questions you have during the process.
Many of these types of cases are settled out of court before ever going to trial. It’s the responsibility of personal injury attorneys to review any settlement offer you receive from the other party and to provide counsel on whether it’s an offer you should consider taking or if you should counter. A pedestrian accident lawyer can also be the person who talks with insurance companies, so you don’t have to worry about dealing with pressure from the other side.
If your case goes to trial, a pedestrian accident attorney is one of the most important resources you can have on your side. Trials are lengthy and often complicated legal processes, and there are certain rules that must be followed by everyone involved. This includes things like how and when evidence can be entered, how to question witnesses, and when it’s appropriate to object. An attorney has experience with all of these things and can help you put your most thorough case forward.
What Should I Look for in a Pedestrian Accident Lawyer?
The most important thing to know before you talk with a pedestrian accident lawyer is that you need someone who is committed to your case and will fight for your interests. It can be tempting to just randomly pick an attorney instead of going through the process of finding the right person to represent you, but it’s important to find someone who has the experience and knowledge you need to help you with your case.
An experienced pedestrian accident attorney knows what questions to ask and how to estimate projected medical bills for things like ongoing therapy appointments or modifications to your home that are needed after permanent injuries. Most importantly, you should feel comfortable talking with your attorney and asking questions. Your lawyer works for you, and you should never feel like you are bothering them when you need something.
Work With MontanaroLaw P.C.
If you’re looking for an experienced pedestrian accident lawyer after being injured in a motor vehicle accident, we can help. Our team has experience with all types of pedestrian accident cases and can work with you to resolve your case, whether that’s through an out-of-court settlement or a full jury trial. We have the investigation techniques and litigation skills it takes to give you the highest chance of winning your case.
If you or someone you love has been the victim of a pedestrian accident, don’t wait to seek legal counsel. The sooner you talk to an attorney, the better you will understand your rights for pursuing compensation through the New York courts and what the options are moving forward. To discuss your case and find out how our law firm can help, call (516) 809-7735 today. We have experience representing victims of pedestrian accidents and are ready to take on your case.