Queens Pedestrian Accident Lawyer

In addition to the statue of liberty and being the city where dreams are made, New York is also regarded for something else: traffic. And while traffic is inconvenient, polluting, and frustrating when you’re in a rush, it can also be dangerous. For those on foot, the risk of being involved in a pedestrian accident is particularly scary and, according to the New York State Department of Health, there are 312 pedestrian deaths on average each year, leading to the deaths of 1.6 of every 100,000 New Yorkers. There is also an average of more than 3,000 hospitalizations each year as a result of motor vehicle pedestrian-related injuries.

Pedestrian accidents aren’t inevitable; instead, they’re preventable. At the law office of Sullivan & Galleshaw LLP, our hearts go out to you and your family if you’ve been involved in a pedestrian accident. For the legal support you need in pursuing damages and navigating the system and your rights, call our Queens pedestrian accident lawyers today for a free consultation.

Pedestrian Accident Injuries

It goes without saying that a pedestrian accident can result in catastrophic injuries to a victim, including injuries that are fatal. Common pedestrian injuries include:

• Traumatic brain injuries that are incurred when a person falls as a result of the crash, slamming their head against the pavement or another object. Traumatic brain injuries can lead to permanent brain damage.
• Spinal cord injuries, which happen when the spinal cord–which runs the length of the spine and is responsible for communicating messages between the brain and the rest of the body–is injured, disrupting the brain’s ability to communicate with any part of the body from the injury site downwards. This can result in permanent complete or partial paralysis.
• Injuries to extremities, which may vary and include bone fracture injuries, crush injuries, amputation injuries, soft tissue injuries, and laceration injuries.
• Internal injuries that are suffered when the body is hit with an object, punctured with an object (or punctured internally with a broken rib), or when too much force is placed on the body.

In addition to the above injuries, a pedestrian who is hit by a car and suffers serious injuries is very likely to develop psychological injuries as well. Types of psychological injuries that are common after a pedestrian crash include depression, anxiety, and post-traumatic stress disorder.

Liability for Damages from a Pedestrian Accident in Queens, New York

A person who is hit by a car is likely to suffer serious physical and psychological injuries as well as a range of economic damages, including medical bills and lost wages. For all of these losses, a pedestrian deserves to be compensated in full. When a pedestrian is hit by a driver who caused the crash through an act of negligence, such as distracted driving or failing to yield at a crosswalk, the pedestrian can hold the driver liable for their damages.

A pedestrian who is injured in a crash will be covered by no-fault coverage, which is required in the state of New York. No-fault coverage pays for medical expenses, lost earnings, and other “reasonable and necessary” expenses. You can file a no-fault claim against the insurance company of the driver who hit you.

Because a no-fault insurance policy may very likely not provide enough compensation to fully pay for the extent of damages you’ve suffered, you may also pursue a claim against the at-fault driver’s bodily injury liability insurance. In order to do this, the pedestrian will need to prove that the driver was at fault for their accident. An attorney can help you to gather evidence to establish that a driver did something that breached the duty of care owed to you. Types of evidence that may be helpful in your case include traffic camera footage and data, witnesses’ testimonies, vehicle electronic control module data, police reports, and more.

Frequently Asked Questions About Pedestrian Accident Claims in Queens, NY

What Should I Do After a Pedestrian Collision in Queens?

The scene after a serious pedestrian collision in New York City can be stressful, confusing, and all-around chaotic. It is crucial that you know the right steps to take to protect your health, emotional well-being, and right to bring a personal injury claim. Here are three steps to take to after a pedestrian crash in Queens: 

• Seek Immediate Medical Care: Motor vehicle accidents can result in very serious harm to a pedestrian. The Centers for Disease Control and Prevention (CDC) estimates that nearly 140,000 pedestrians require emergency medical treatment each year. All pedestrian injuries should be evaluated by a doctor. You cannot bring a claim if you do not seek medical help. 
• Report and Document the Pedestrian Crash: Your pedestrian accident should also be reported and documented. If you were hurt in a collision, make sure that the crash is reported to the New York Police Department (NYPD). Additionally, gather relevant evidence, including driver/vehicle information, witness information, and photographs.
• Consult With a Legal Professional: You do not have to go through the pedestrian accident claims process all alone. New York’s hybrid no-fault/at-fault system for auto accidents is notoriously complicated. At Sullivan & Galleshaw, LLP, our Queens pedestrian collision lawyers will protect your rights.

Sore After an Accident, But I Think I’m Okay—Do I Still Need to See a Doctor?

Yes. All pedestrian accident injuries should be evaluated by a competent & licensed health care professional. This is critically important for two key reasons. First, you need to protect your own health and well-being. Many common pedestrian accident injuries occur with a delayed onset. You could be more seriously hurt than you think. Second, you have to see a doctor bring a personal injury claim to New York. No medical records, no personal injury claim.

What is the Statute of Limitations for Pedestrian Accidents in New York?

As a general rule, New York has a three-year statute of limitations for pedestrian accident injury claims. If you do not take legal action before the statutory clock ticks away, then you will lose your right to bring a claim at all. Do not wait to take action. The longer you wait to initiate the pedestrian accident claims process, the more difficult it is to get justice and full financial support. Schedule a free consultation with a Queens pedestrian accident lawyer as soon as possible after a major crash. 

Does New York’s No-Fault Insurance Apply to Pedestrian Accidents?

Yes. New York’s no-fault auto accident laws apply to both pedestrian accidents and bicycle accidents. As an injured pedestrian in Queens, you have the right to make a no-fault claim for your damages. Through this type of claim, compensation may be available for medical bills and lost wages. That being said, no-fault policy limits are relatively modest—meaning a no-fault claim may not be enough if you suffered severe injuries in a pedestrian accident. 

When Can Injured Pedestrians Step Outside of New York’s “No-Fault” System?

Although New York is a no-fault auto accident state, you have the right to step outside the confines of that system and file a lawsuit directly against the negligent party if you sustained serious injuries in a pedestrian collision. Under New York state law (New York State Insurance Law §5102(d)), a serious injury is one that results in: 

• Death;
• Dismemberment;
• Significant disfigurement;
• A 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; or
• A non-permanent injury that prevents the victim from engaging in normal activities for at least 90 of the first 180 days after the pedestrian accident. 

Fault-based pedestrian accident claims are complex. If you or your loved one sustained severe harm in a pedestrian collision in Queens, you need professional guidance. Call our New York City pedestrian accident injury lawyers today for help with your case.

How Much Compensation Can I Expect to Recover After a Serious Pedestrian Accident?

The answer depends on the nature and severity of your injuries. In New York, personal injury compensation is generally directly proportional to the actual damages/losses incurred by the victim. You have to prove your damages—both economic and noneconomic—to get financial compensation through a pedestrian accident claim. At Sullivan & Galleshaw, LLP, our Queens personal injury lawyers help pedestrians maximize their compensation, potentially including recovery for medical bills, lost wages, pain and suffering, and permanent disability/disfigurement.

Call Our Queens Pedestrian Accident Lawyers Today

Representing yourself in a pedestrian accident claim after a serious crash that’s left you injured can be overwhelming. You need to focus on your recovery – our lawyers can focus on your claim. At the office of Sullivan & Galleshaw LLP, our Queens pedestrian accident attorneys have been practicing personal injury law for many years and have earned a reputation for excellence. We have the resources that are necessary to fully investigate and commit to your case, and we can get started immediately.

If you or a loved one has been harmed in a pedestrian crash, please call our law office directly today for your free, no-obligation consultation at 781-843-0300.