When you decide to go out for a walk or a run, you probably don’t think too much about your safety. Yet in New York, it can be incredibly dangerous to walk, jog, or run along streets and highways. Every year, 312 pedestrians are killed, an additional 12,506 people visit the emergency room, and 3,027 people are hospitalized after being hit by cars in New York.
If you are hurt in a pedestrian accident, you may be entitled to financial compensation for your losses. Through a personal injury lawsuit, you can recover money for your medical expenses, property damage, lost wages, pain and suffering, and more.
With more than 150 years of combined experience, the legal team of The Odierno Law Firm knows how to get results for our clients. We offer free initial consultations and handle all cases on a contingency fee basis. To learn more, reach out today to talk to our Long Island pedestrian accident lawyers.
Schedule your free case evaluation today by calling The Odierno Law Firm, P.C. at (631) 752-8580. We can meet with you in our welcoming office or virtually in the comfort of your own home.
Why Work With a Long Island Pedestrian Accident Lawyer at The Odierno Law Firm?
If you have been hurt in a pedestrian accident, you may not know what to do next. An insurance adjuster may have already reached out to you and offered a settlement. Before you talk to the adjuster, give a statement, or sign any paperwork, you should consult with a Long Island personal injury lawyer.
Insurance companies are incredibly profitable. Part of how they make so much money is by denying or underpaying legitimate cases, including pedestrian accident claims. Having a lawyer by your side can help to level the playing field and increase the odds that you will get a fair settlement for your injuries.
When you hire The Odierno Law Firm, you will have two generations of attorneys working for you, with more than 150 years of combined legal experience. We have over 45 years of experience working with courts, judges, and insurers in the Long Island area.
Our legal team has represented thousands of injury victims in all types of cases, including pedestrian accident lawsuits. We have taken hundreds of cases to trial. Together, we have recovered over $200 million in compensation for our clients.
Our law office handles all personal injury cases on a contingency fee basis. This means that you only pay us if we win your case, either through a settlement or a verdict at trial. With a contingency fee arrangement, you don’t have to worry about whether or not you can afford to hire a lawyer.
How We Help
At The Odierno Law Firm, our pedestrian accident lawyers​ can help you:
- Assemble and examine the evidence. This can include taking eyewitness statements, scanning police reports, looking for prior arrest or convictions for reckless driving, and communicating with your medical team.
- Communicate with the insurance company on your behalf, and protect you from predatory practices.
- Negotiate outside of the courtroom in talks with the insurance company or mediation, if that option is available.
- Account for the full extent of the harm done in your settlement. Many pedestrians have lasting injuries and may require disability compensation for reduced future earning capacity and expenses. A quick settlement with an insurance company often does not account for these additional costs. Our pedestrian accident lawyers​ can help you avoid accepting an offer that is too low.
- Represent you in court whenever necessary, fighting for you to receive a full and fair jury trial.
Speak to an Attorney Today
If you’ve been injured in a pedestrian accident on Long Island, you deserve compassionate and experienced legal support. Contact us for a free consultation.
What are the Main Causes of Pedestrian Accidents on Long Island?
Long Island consistently has some of the highest drunk driving rates in all of New York state. Driving under the influence can lead to catastrophic injuries for pedestrians, especially those walking at nighttime or in the early morning when visibility is low and people may be returning from a night out. In addition to driving under the influence, some of the most common causes of pedestrian accidents on Long Island include:
- Disobeying traffic signals or speed limits
- Not respecting pedestrian right-of-way rules
- Distracted driving, including taking phone calls or texting while driving
- Illegal parking and backing up
- Bad weather obscuring visibility
- Improper lane changes
- Reckless behavior in parking lots
- Obstructing pedestrian vision with their vehicle
- Ignoring traffic laws
Common Pedestrian Accident Injuries
Catastrophic injuries come with some of the highest price tags for pedestrian victims, both literally in terms of medical costs and in the physical and emotional costs. Many injured pedestrians find their lives altered forever because of a driver’s decision to speed, drive impaired, or look down at their phone. As cars and trucks become exponentially heavier, the potential for catastrophic injuries becomes much greater in pedestrian accidents.
Common injuries may include:
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Internal organ damage
- Sprains and strains
- Contusions
- Scrapes and cuts
Determining Fault in Pedestrian Accident Cases
When a walker or runner is hit by a car, the assumption is often that the driver was to blame. In many cases, this is true: a motorist was somehow negligent (careless), causing an accident. In other situations, a pedestrian may be somewhat to blame for the accident, which can reduce the amount of money that they receive.
New York follows the rule of pure comparative negligence, which is also referred to as contributory negligence. Under this rule, an injury victim who is partially responsible for an accident can still recover for their injuries. However, their total recovery is reduced by the percentage that they were at fault.
Pedestrians may be partially responsible for a crash for any number of reasons, such as:
- Disobeying a traffic signal
- Jaywalking
- Walking along highways or other non-pedestrian paths
- Not using sidewalks when available
Even if a pedestrian was somewhat to blame for an accident, they can still recover financial compensation for their injuries. For example, if a man stepped out into traffic while looking at his phone and was hit by a car, a jury might determine that he was 30% at fault for the accident. If his total losses (damages) were $100,000, then his recovery would be reduced by 30% ($30,000) to $70,000.
Unfortunately, while contributory negligence allows those who share fault to recover damages, it also creates a powerful incentive for insurance companies to try to shift the blame in order to pay less to accident victims. An insurance company may attempt to muddy the facts, disprove witness accounts, or otherwise prove that you bear more responsibility than you should for your accident. In these cases, a pedestrian accident attorney​ is your best defense. A pedestrian injury lawyer​ with The Odierno Law Firm knows the tactics that insurance attorneys use to avoid paying, as well as how to protect you against attacks that can lower your compensation.
Why Us?
You Will Not Pay Us Unless We Win Your Case- Our Firm is Backed By Trial Success & Client Satisfaction
- We Will Review Your Personal Injury Claim For Free
- We Have Over 150 Years of Combined Legal Experience
You Will Not Pay Us Unless We Win Your CaseCall (631) 752-8580 Today to Schedule Your Free Case Review​​​​​
How Much Compensation Can You Get for a Pedestrian Accident?
After a pedestrian accident on Long Island, you may be able to recover two types of damages: compensatory and/or punitive damages. Compensatory damages are meant to compensate injury victims for their losses, while punitive damages penalize an at-fault party who acted intentionally or recklessly.
There are two kinds of compensatory damages. Economic damages cover direct financial losses, such as medical bills, property damage, lost wages, future medical treatment, and reduced earning capacity. Non-economic damages compensate accident victims for intangible losses such as scarring, disfigurement, emotional distress, loss of enjoyment of life, and pain and suffering.
Punitive damages are only available in cases where the driver acted intentionally or recklessly, such as in drunk driving accidents. Cases involving a negligent driver will not lead to punitive damages.
How much compensation you can recover from your pedestrian accident case depends on a number of factors. The severity of your injuries, as well as the timeframe for your recovery, will greatly influence how much you can receive. For this reason, your settlement may be delayed until you have reached Maximum Medical Improvement (MMI), a standard that ensures that all of your costs are appropriately accounted for in your final payout. Other factors include your share of fault in the accident, the amount of proof available to support your claim, and the skill and experience of the attorneys involved.
What to Do After a Pedestrian Accident on Long Island
If you have been involved in a pedestrian accident, call 911 immediately. If you are able, ask the driver involved for their insurance information as well as their name, phone number, and email address. You should also take photos of the scene if possible, showing the vehicle that hit you, your injuries, and any relevant road signs, traffic signals, or landmarks. If you are too injured to take these steps, you can ask someone to do them for you. Once you have received medical care, keep records of all of your communications with doctors and your bills from the accident, and reach out to a pedestrian accident attorney as soon as possible.
Long Island Pedestrian Accident Lawyer: FAQs
How Long Do I Have to File a Pedestrian Accident Claim?
In New York, the statute of limitations is three years from the date of the injury for most car accidents. However, there are other factors that can lower this deadline, such as if a state entity bears some liability or if the harm was intentional. Consult with a pedestrian injury law firm​ as soon as possible to ensure that you do not miss any filing deadlines, as doing so can jeopardize your ability to recover compensation.
Is The Driver Always at Fault in a Pedestrian Accident?
No. While drivers are required to yield right of way in a marked crosswalk, if a pedestrian darts out into traffic, then the motorist might not be responsible for any accident that occurs. In New York, a pedestrian who is hit by a motor vehicle may still be entitled to compensation even if they were at fault for the accident.
Will I Have to Go to Court?
Probably not. The vast majority of personal injury claims are settled outside of court. While it may be necessary to file a lawsuit or go through the pre-trial process to protect your rights, the chances of your case going to trial are slim. That being said, it may be necessary to take your case to court to ensure that you get the money that you deserve.
How Long Does it Take to Settle a Pedestrian Accident?
It can take several months or a year to settle a pedestrian accident case. When facts are in dispute, personal injury cases can take longer to resolve. However, some pedestrian injury claims are relatively straightforward and can proceed as soon as you have reached Maximum Medical Improvement.
I Think My Injuries are Minor, Do I Still Need a Lawyer?
Yes. Even if you only suffered minor injuries, it is a good idea to consult with a personal injury attorney before signing anything or agreeing to a settlement. Insurance companies make money by settling cases for as little money as possible. If you accept a settlement without talking to a lawyer, there is a strong likelihood that you will not get the money that you need to cover all of your losses.
Contact Our Long Island Pedestrian Accident Attorneys Today
Traffic accidents can cause severe injuries that may lead to permanent disability. If you have been hurt in a pedestrian accident, know that you are not alone. Our law firm is here to help. The Odierno Law Firm is dedicated to helping our clients get fair settlements for their personal injury claims. We offer free initial consultations and never charge a fee unless we recover money for you.
To learn more or to schedule an appointment with a Long Island pedestrian accident attorney, fill out our online contact form.