the law office of dennis p. ryan

Premises Liability Lawyer in New York: understanding PEDESTRIAN ACCIDENTS

Pedestrian accidents have been increasing throughout the last several years.

These types of accidents occur between pedestrians and cars, scooters, bicycles, and the like. They can also be pretty devastating accidents in terms of injuries and fatalities. At Law Office of Dennis P. Ryan, our pedestrian accident attorney in New York helps clients successfully file and win pedestrian accident lawsuits.

Call us at (212) 441-4352 so we can help you get the compensation you deserve.

What is a Pedestrian Accident?

A pedestrian accident is a collision involving someone on foot and someone in a vehicle. A vehicle can be a passenger car, a motorcycle, or even a bicycle. In these accidents, it is typically the pedestrian who suffers the most injuries simply because the pedestrian bears the brunt of the impact and has no protection at all.

Who Can Be Sued for a Pedestrian Accident in New York?

Generally speaking, anyone who is at fault for an accident can be sued. The obvious place to start this analysis is the driver or operator of the vehicle involved in your accident. However, there are also other, less obvious entities who could share in the liability.

If an accident was caused by something like a brake failure, the manufacturer of those brakes or a mechanic who negligently maintained the brake system could potentially be held liable. It is also possible for a public or private entity to be held liable if an accident is caused by some dangerous condition like poorly maintained roads or insufficient lighting. When the person at fault caused the accident while working, their employer could be held accountable. Because these cases are not always straightforward, it is important to––at a minimum––speak to a pedestrian accident attorney about your legal options.

Compensation for Pedestrian Accident Injuries in New York

The central motivation behind awarding monetary damages to pedestrian accident victims is to make them as whole as possible, or to restore them to the financial position they were in before the accident. As such, there are a number of different things that a victim might receive compensation for after an accident. 

For example, victims with expensive medical bills might receive compensation for the latter as well as for transportation costs to and from the doctor's office. Further, if those injuries prevented the victim from working, the injured party may also be eligible to receive compensation for the wages that they weren't able to earn. These are all known as economic damages, meaning the actual costs of your recovery is compensable.

A victim of a pedestrian accident could also receive monetary damages to compensate for the physical pain and mental or emotional suffering they experience because of their injuries. These compensable damages are known as non-economic because the monetary value requires some calculation and determination.

Why Hire a New York Pedestrian Accident Attorney?

After a pedestrian accident, it is important to understand that your insurance company may not always have your best interests in mind. They are businesses first and foremost, which means that their goal is to pay out as little as they are legally obligated to do. It's true of the at-fault party's insurance company, too. In fact, insurance companies notoriously use manipulation and intimidation as ways to reduce or avoid settlement. 

To make sure your insurance company or the at-fault party's insurance company settles for a value that makes sense in your unique situation, you likely need a pedestrian accident lawyer. Your lawyer can help you through the process and act as your advocate, negotiating and arguing on your behalf so that you get what is right and just. Plus, if the insurance company still refuses to pay what is fair, your attorney can take the matter to trial

need a lawyer you can count on?

talk to the team at Law Office of Dennis P. Ryan

call us today (212) 441-4352

What Causes New York Pedestrian Accidents?

Every accident is unique, and there are as many potential causes of pedestrian accidents as there are drivers on the road. Some of the most common reasons are provided below.

Distracted Driver and Pedestrians

Both drivers and pedestrians have a lot of distractions that can cause them to take their eyes off the road. Common distractions are the same for both: cell phones or other electronics, child, eating  

Impaired Drivers and Pedestrians

Impaired driving is much more common than impaired pedestrians, but just the same, being impaired by chemical substances, like alcohol and drugs, can affect safe driving and walking. A driver may sway into another lane or come to a stop too late. A pedestrian may cross the road when they shouldn't. Any kind of impairment can create conditions for an accident.

Recklessness

Both drivers and pedestrians should refrain from recklessness. A driver who speeds, fails to follow traffic rules, or disregards the presence of potential pedestrians can cause a serious accident. Pedestrians, likewise, should not, for example, cross streets without using walkwalks or when the light is not green for them to cross.

Impatience

Drivers who are impatient may speed or try to whip around pedestrians who are crossing the street. Pedestrians can be impatient, too, and like already mentioned above, may try to cross the street where and when they are not permitted to do so.

Dark Clothes at Night

When pedestrians wear dark clothes at night and are on or near the road, drivers may not be able to see them until it is too late. Even where the road is illuminated by street lamps or traffic lights, seeing a pedestrian at night remains difficult if in dark clothes.  

Road Construction

Road construction is a real hazard. Drivers are typically alerted to pay special attention. Pedestrians are often forced to walk around the construction area, and this may mean walking into or close to roadways.

Road Conditions

How a road is engineered, designed, or otherwise constructed can make life difficult for both drivers and pedestrians. A pedestrian may not be viewable by a driver around certain bends in the road or on hilly roads. Wet road conditions, rundown roads, and the like can also make it dangerous for both drivers and pedestrians.

Bad Weather

Rain, snow, sleet, wind, and more bad weather conditions can make it treacherous to drive and walk on or near roads. Visibility may be affected. Road conditions can get messy and dangerous. Drivers and pedestrians seeking to get out of bad weather may become impatient or reckless in their efforts. 

Contact a Pedestrian Accident Attorney in New York Today

Hiring a pedestrian accident attorney from Law Office of Dennis P. Ryan gives you someone in your corner who has the necessary experience to be able to accurately assess the value of your case and then fight on your behalf for fair compensation. To schedule a Free Consultation about your accident, contact us online or by calling (212) 441-4352.

recent results

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recent results |

  • The Law Office of Dennis P. Ryan was able to win an important motion to allow a Department of Sanitation Supervisor to bring a Personal Injury Claim against the City of New York. Anyone who plans to sue a municipality in the State of New York, must file a Notice of Claim within 90 days of the date of the accident. A New York City Sanitation Supervisor recently contacted our law firm 5 months after the accident, and more than 2 months after the Notice of Deadline had passed. Our office was successfully able to convince the Court that our client's claim fell under an exception and should be allowed to proceed. Our client is now likely going to be able to receive money for his pain pain and suffering and lost wages.

  • Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He suffered an ankle injury that required him to go for Physical Therapy for 1-2 months. Even though he did not need any injections or surgery, we were able to convince the insurance company to offer the full amount of its $25,000 to settle the case. We were able to achieve this settlement before our client needed to appear for a deposition.

  • Our client was a Sanitation Worker who was hit by a car while he was servicing his route. He had to have a shoulder surgery and missed several months of work, losing Chart Money, Truck Money and Overtime Money. We filed a lawsuit on his behalf in Kings County (Brooklyn). Our office was able to settle case for the full amount of the driver's Insurance Policy. We were able to achieve this settlement before our client needed to appear for a deposition.

  • Our office was able to settle a case for the full amount of Insurance Policy for Pedestrian who tripped and fell on sidewalk in Nassau County. This was a tough case in a tough venue for Plaintiff's attorneys. Our client had contacted 2 previous law firms who declined her case because they thought it would be too difficult to obtain a settlement. Our office was not only able to settle the case but we were able to persuade the insurance company to offer the full amount of its insurance policy to settle the case.

  • Our office was able to obtain a settlement for $95,000 (out of a total of $100,000) for a Sanitation Supervisor who hurt his ankle in a car crash. The insurance company for the other driver made several motions to the court asking the Judge to dismiss the case. We were able to defeat each of these motions and eventually settle the case for $95,000. This was more than 3 times the initial settlement offer that the insurance company made.

  • Our client fell on a broken sidewalk in the Bronx in front of a 1 family house. We brought a lawsuit against the City of New York and the insurance company for the homeowner. Our client aggravated injuries to his ankle that he had suffered years ago while playing sports. The Insurance Company made a Motion to the Court asking to dismiss our case. We were able to defeat this Motion and we were eventually able to settle this case against the City of New York and the Insurance Company for a total of $75,000.

  • Our office was able to obtain a settlement of $97,500 out of a possible $100,000 in available insurance coverage for a Car Crash that happened in New Jersey. Our client was involved in a 2 car crash. She had a stop sign and the other driver did not have a stop sign. For that reason, the insurance company claimed that the crash was completely the fault of our client. Our firm hired investigators who canvassed the scene for witnesses, photos and videos of the crash. We were able to prove that the other driver was driving too fast for the intersection and was also at fault for the crash.

  • Our office was able to obtain a settlement of $170,000 for a woman who slipped and fell on ice on the stairs of the house that she rented an apartment at. Her landlord's insurance company argued that the landlord had done everything it could to prevent our client's fall. We were able to prove that the landlord had not properly shoveled and salted the steps before our client's fall.

  • Our Office settled a case for a Sanitation Worker who tripped and fell on uneven pavement inside his Sanitation Garage and hurt his ankle. The Worker had several prior Line of Duty Injuries (LODIs) where he had also hurt his ankle. Our office was able to prove that this LODI aggravated the old injuries and made the injuries worse.