Pedestrian accidents are on the rise not only in New York City but across the state. In 2021, New York City pedestrian deaths were tracking much higher than in years previous, despite Mayor De Blasio’s pledge to make the City’s streets safer for pedestrians. For each pedestrian killed in an accident, an estimated almost 18 times that number required hospitalization for their injuries. Even more are injured enough to seek some type of medical attention.
If you’re injured in a car accident as a pedestrian it may be confusing to understand who will cover your losses. New York is a no fault insurance state, which matters when determining who pays for medical expenses in a pedestrian accident.
Causes of Pedestrian Accidents
New York City drivers owe a special ‘duty of care’ to pedestrians when operating a car, truck, scooter or other vehicle. In a pedestrian accident, the driver of the vehicle is often found to bear the majority of fault in a pedestrian accident claim. If a pedestrian is in a crosswalk, this is almost always the case. Common causes of pedestrian accidents include:
- Distracted driving
- Speeding
- Aggressive driving
- Failure to yield the right of way
- Drunk or drugged driving
Most fatal pedestrian accidents occur in urban areas at night, not in an intersection. Additionally, children and older adults are more at risk of a fatal pedestrian accident.
Compensation for a Pedestrian Accident in NYC
As a no-fault insurance state, New York has laws and protocols around pedestrian and car accidents that may be surprising. In New York City and NYS, all motor vehicle owners are required to purchase Personal Injury Protection (PIP) in order to register a vehicle. If you own a vehicle and thus have PIP coverage, the first insurer to cover your medical bills would be your own PIP coverage, even if your car was not involved in the accident.
If you don’t have PIP coverage on your own auto insurance policy, the PIP policy of a family member that you live with could apply. If that’s not possible and you don’t have auto insurance, the next in line for coverage would be the driver of the vehicle that hit you. Their own PIP coverage and possibly liability coverage would apply, depending on the circumstances.
If injuries are severe, which is often the case in pedestrian accidents, PIP coverage and its limitations may not come close to covering the medical bills associated with your injuries. Or, your insurer may be disputing your injuries or your account of the accident. In these cases, it's best to speak with a personal injury lawyer who can look at your case and advise you of options.
In the case of a negligent driver, the driver can be held responsible for your medical expenses, as well as damages for lost wages, pain and suffering, emotional suffering, loss of life enjoyment, loss of consortium, and wrongful death. A NYC pedestrian accident lawyer can build a case and advocate for fair compensation for your losses. If you believe there is negligence on the part of any of the drivers in the accident, you should contact a personal injury attorney who specializes in pedestrian accident claims to discuss pursuing a claim or lawsuit for the accident.
Brandon J. Broderick, New York City Personal Injury Lawyers
Working with an attorney can make all the difference in the outcome of your case. Why risk being unfairly compensated and not having recourse to fix it? When you hire a personal injury lawyer from Brandon J. Broderick, you are assured a passionate team fighting for your best interest and putting your needs first. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay.
Contact Brandon J. Broderick, Attorney at Law, for a free consultation. With our proven track record of success with car accident settlements and our commitment to client care, we can turn your setback into a comeback.
We have several locations in New York City, including Manhattan, the Bronx and Queens.