Pedestrian Accident Attorney
Injured in a Pedestrian Accident? Call (631) 250-4212 for Expert Legal Assistance
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. On average, 312 pedestrians are killed after being hit by cars each year in New York; an additional 12,506 people visit the emergency room and 3,027 people are hospitalized each year in pedestrian accidents.
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. A skilled Long Island pedestrian accident lawyer can help you fight for your right to full compensation.
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 a Long Island personal injury attorney.
Schedule your free case evaluation today by calling The Odierno Law Firm, P.C. at (631) 250-4212. We can meet with you in our welcoming office or virtually in the comfort of your own home.
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
- 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.
Of course, there are many cases where the driver is the at-fault party. A driver may engage in negligent, intentional, or reckless behavior that causes an accident, such as:
- Driving under the influence (drunk driving)
- 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
- Reckless behavior in parking lots
- Obstructing pedestrian vision with their vehicle
- Ignoring traffic laws
If a driver hit you while you were walking or running, you may be able to file a lawsuit against them. A seasoned Long Island pedestrian accident lawyer can help you with the process, starting with a free initial consultation.
What Compensation Can I Get After a Pedestrian Accident?
Pedestrian accidents fall into the broad category of personal injury law. However, because pedestrians are much smaller than typical motor vehicles, the potential for catastrophic injuries is incredibly high. Common injuries may include:
- Broken bones
- Traumatic brain injuries
- Spinal cord injuries
- Internal organ damage
- Sprains and strains
- Scrapes and cuts
No matter what kind of injuries you suffered, 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 drunk driving accidents. Cases involving a negligent driver will not lead to punitive damages. An experienced pedestrian accident lawyer can help you determine if you are eligible for punitive damages.
How Our Lawyers Can Help
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 $150 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.
As professionals who have dedicated our lives to personal injury law, we understand how devastating a pedestrian accident claim can be. We treat each of our clients with compassion and respect. Our goal in each case is to get our clients the money that they need to move forward with their lives.
A majority of the people who are injured in pedestrian accidents are children and seniors. Ensuring that an elder or child in your family receives the medical care they need following an accident can make a difference in how long it takes for them to recover. It can even prevent them from suffering permanent disabilities. Even if a pedestrian is in perfect health, the effects of an accident can still be permanently damaging
We believe that all victims of pedestrian accidents in the Long Island area deserve compensation and justice. Our legal team will use testimony from medical experts when preparing your claim and seek maximum compensation to cover expenses.
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.
If you have been hit by a car, our law firm can help. Call the Odierno Law Firm today to schedule a free consultation with a Long Island pedestrian accident attorney.
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. The legal team at the Odierno Law Firm has handled hundreds of trials. Give us a call to talk to a Long Island personal injury lawyer about your claim.
I Was Hit By a Car. Do I 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.
The Odierno Law Firm is skilled at negotiating settlements for our clients that truly meet their needs. Reach out today to schedule a free consultation with a Long Island pedestrian accident lawyer.
Fighting for Pedestrians on Long Island
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, give our law office a call at 631-752-8580 or fill out our online contact form.
Dedicated To You
We are committed to getting you the compensation you deserve for the injuries you have sustained. We are determined to fight for you. We have a no recovery, no fee policy, so you don’t pay unless we win.Contact 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
Winning Compensation for Long Island’ Pedestrian Accident Victims
Seeking compensation on your own can be frustrating if you are unfamiliar with personal injury laws and the procedures insurance carriers follow when evaluating a claim. Worse still, some insurance companies deliberately make the claims process confusing and complex in the hopes that the victim will think it’s not worth the trouble and settle for less than he or she is due. At The Odierno Law Firm, P.C., our Long Island injury attorneys have more than 150 years of combined experience and a proven track record of success. We will vigorously pursue any damages that you are due.