Pedestrian Accidents
Our pedestrian accident attorneys in NYC understand the physical hardships that can follow a pedestrian incident. Despite regulations and safety measures for pedestrians, including accommodations like crosswalks, sidewalks and walking bridges present on most city blocks, some pedestrians are still struck by motor vehicles. Such incidents are often debilitating; common injuries include broken bones, internal bleeding and brain damage. Furthermore, pedestrians represent approximately half of the fatalities caused by traffic accidents in NYC.
The injuries suffered by a pedestrian who has been hit by a vehicle may permanently alter the course of their life. As a result, injured pedestrians may have grounds to collect compensation for their injuries if the traffic accident was caused by the vehicle operator's negligence. At Queller, Fisher, Washor, Fuchs & Kool and The Law Office Of William A. Gallina, LLP, our pedestrian accident attorneys have been defending the rights of pedestrian accident victims for over 60 years. We are committed to doing whatever we can to aid in our clients' paths to recovery.
How Can An NYC Pedestrian Accident Attorney Prove Negligence In A Case?
The issue of whether or not the driver of a car in a pedestrian accident was negligent rests on many different factors. An individual may have been standing, walking, jogging or running when injured, but none of these factors alone will ever be enough to prove a driver acted negligently and is liable for the resulting injuries. A person may have been within a crosswalk or outside of it at the time of the accident, but these facts standing alone will not determine whether and to what extent the driver was negligent. Rather, the issue of negligence requires a careful investigation, analysis and presentation of all of the relevant contributing factors to an accident. When all of the factors that relate to an accident are considered together, one realizes that almost no 2 accidents are identical. An experienced NYC pedestrian accident attorney must present the combined facts to a jury and prove based on a preponderance of the evidence, that it is more likely than not that the operator of the vehicle failed to use reasonable care under the particular circumstances of the accident. Pedestrian accident attorneys must have the experience and knowledge in order to garner a favorable settlement or verdict on behalf of a victimized pedestrian.
It is easier to understand how the concept of negligence is evaluated by discussing some of the factors that commonly exist in vehicular accidents involving pedestrians. The most obvious variables pertain to facts such as the following:
- The color of the traffic light for the driver at the time of the accident
- The color of the traffic light for the pedestrian at the time of the accident
- The signal of the walk/don't walk sign for the pedestrian at the time of the accident
- Whether the pedestrian was in a crosswalk at the time of the accident
- The color of the light when the pedestrian entered the crosswalk
- Whether the pedestrian looked for oncoming vehicles prior to entering the intersection (regardless of the color of traffic control devices)
- In instances where both the vehicle and pedestrian were governed by a green traffic light, it is important to determine the exact direction of travel of each (for example, a car turning left at an intersection will often have a green light at the same time as the pedestrian who also has a green light/walk signal. However, the pedestrian nevertheless has the right of way in such a situation)
These are just a few of the variables that must be considered by the experienced and skilled attorney representing a victimized pedestrian. The more sophisticated NYC pedestrian accident lawyer pays great attention to nuances relating to time, speed and distance; it is these variables that may be the determining factors to prove negligence in a pedestrian accident case.
Time, Speed And Distance Considerations For Pedestrian Accidents
The variables of time, speed and distance are critical to proving negligence in a pedestrian accident case. The answers to questions relating to time and distance will shed light upon the actions of the driver at each crucial point in time, as well as how much time the driver had to react to the situation. Remember, the claim often involves inattention of the driver either to traffic conditions, traffic signals or to the pedestrian himself. Establishing how much time the driver had to take notice of the prevailing conditions and situation can be critical to the opinion or determination of lawyers and insurance companies of whether the vehicle operator was negligent. In other words, whether the driver acted as a reasonably prudent or careful driver would have acted under the same or similar circumstances. One cannot fully evaluate negligence unless one substantially discovers all of the circumstances of the accident.
Questions that are critical to the relationship in terms of time, speed and distance amongst the vehicle and the pedestrian at various points in time include the following:
- Did the driver see the pedestrian at any time prior to the contact?
- If so, at what point in time did the driver see the pedestrian?
- At what point in time was the vehicle moving?
- Was the vehicle stopped?
- Was the pedestrian moving?
- Was the pedestrian stopped?
- Where in the roadway was the vehicle when the operator first saw the pedestrian?
- Where was the pedestrian in the roadway (or other location) when the operator claims to have first seen the pedestrian?
- Did the victim see the vehicle before the accident?
- If so, where was the victim at that time and where was the vehicle?
- At any of the points in time described above, if the vehicle was moving, what was the speed of the vehicle?
- When an observation was first made, last made (or otherwise made) of the pedestrian by the vehicle operator at any static and identified moment in time, what distance separated the vehicle and the pedestrian at that moment in time?
- What speed was the vehicle traveling at each specified moment in time?
- How much time elapsed between various identified static points in time (for example, how much time went by from the time of first observation up until the time of contact, or how much time elapsed from the time a turn or other identified vehicular action happened up until the time of contact)?
These questions represent only a small sample of the type of interrogation that must be asked when questioning the driver of the offending vehicle. While the questions may sound redundant, each is distinctly different. The common thread that exists amongst time, speed and distance questions is that they are designed to discover exactly what the driver did and when, as well as to discover how much time, in the exercise of reasonable care, the driver had to react to the circumstances that existed. Our pedestrian accident attorneys in NYC are well-versed in these matters; our firm will discover the critical details of your accident in order to build a winning case.
How Do I Schedule A Consultation With Your Pedestrian Accident Attorneys In NYC?
If you or someone you love has suffered an injury due to a pedestrian accident, you may be entitled to compensation. For a free consultation with our pedestrian accident attorneys in NYC, call our Manhattan office at 212.406.1700, our Bronx office at 718.892.0400 or contact us online. We will review your case and discuss your legal options with you. The attorneys at Queller, Fisher, Washor, Fuchs & Kool and The Law Office Of William A. Gallina, LLP take all cases on a contingency fee basis, meaning our services are free of charge unless there is a monetary recovery. Our law firm is proud to serve the New York City area, including the Bronx, Brooklyn, Manhattan, Queens and Staten Island, as well as the surrounding counties and New Jersey. We offer legal services in English, Spanish, Portuguese, and Chinese.