Being struck by a car, truck, or SUV while walking, running, or biking can result in catastrophic injuries. According to the New York State Department of Health, pedestrian injuries are among the top 10 causes of hospital admission and death for all age groups in the state. In fact, statistics show that 3,000 pedestrians are admitted to the hospital each year as a result of being hit by a motor vehicle — while 300 suffer fatality and 15,000 more are injured. If you were hurt as a pedestrian due to the negligence of a motor vehicle operator, you may be entitled to hold them accountable for your damages by filing a personal injury lawsuit.
What Types of Injuries Can a Pedestrian Suffer?
No one expects to be hurt while they go for a walk, run, or bike ride. However, pedestrian accidents are all too common due to driver negligence. Unlike the drivers and passengers in motor vehicles, pedestrians do not have the protection of a metal frame or seat belts. This means that they are particularly vulnerable to injury caused by reckless or careless drivers while walking on the sidewalk, street, or in a crosswalk.
A victim who is struck by a motor vehicle while on foot may suffer from a wide range of injuries, including the following:
- Soft tissue injuries
- Broken bones
- Fractures
- Traumatic brain injury
- Spinal cord injury
- Nerve damage
- Paralysis
- Disfigurement
- Permanent disability
The above injuries can be caused by many reasons, including a driver’s inattention, driving under the influence, cell phone use while driving, and distraction. While pedestrian accidents are often caused by the negligence of a driver, it’s important to understand that both pedestrians and motor vehicle operators are required to exercise due care and remain alert. A defendant may attempt to argue that a pedestrian was partly at fault for their injuries if they were walking while texting or not paying attention to their surroundings.
Critically, New York law provides strict guidelines regarding who has the right of way in situations where drivers and pedestrians share the road. Pursuant to New York Vehicle and Traffic Law (VTL), a driver is required to yield to a pedestrian’s right of way in a crosswalk that does not have a traffic signal. A driver can be held liable for a pedestrian’s injuries under the doctrine of negligence per se if they were caused by a VTL violation. In other words, a victim would only need to show that the defendant’s VTL violation was the cause of harm — they would not be required to prove that the defendant’s actions were unreasonable.
Compensation for Pedestrian Injuries
Pedestrian injuries are often serious and require a considerable amount of medical treatment. While medical bills quickly add up, a victim may also be out of work as they recover from their injuries — and incur substantial out-of-pocket expenses. Although no-fault insurance applies to pedestrians who are injured in an accident with a vehicle, these benefits are rarely adequate to cover the full extent of a victim’s medical bills or lost wages. In such cases, it may be necessary to file a personal injury action to recover the total amount of economic damages, in addition to compensation for non-economic damages.
The economic damages that may be recovered in a pedestrian accident can include unreimbursed medical costs, out-of-pocket expenses, lost wages, future lost earnings, and various other economic losses. Non-economic damages are those that are not pecuniary in nature. This category of damages is often the largest portion of a victim’s recovery and is meant to address the physical pain, mental anguish, loss of enjoyment of life, and impact of the accident on a victim’s daily life.
Contact an Experienced New York City Personal Injury Attorney
If you’ve been injured as a pedestrian due to the negligence of a driver, it’s critical to have a skillful personal injury attorney by your side who can recover the maximum compensation you are entitled. Due to our extensive experience, knowledge, and dedication, the attorneys at The Edelsteins, Faegenburg & Brown, LLP regularly obtain settlements and verdicts in the millions for clients.
The Edelsteins, Faegenburg & Brown, LLP is a personal injury law firm dedicated to fighting for the rights of accident victims to ensure they get the monetary recovery they deserve for their injuries. Located in Manhattan, our firm has been handling personal injury cases throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.