Why Collisions Spike After the Clock Change

• Earlier darkness = poorer visibility. More of the evening commute happens after sunset, when drivers see less and reaction times suffer. specifically about pedestrian risk during this period.
• Behavioral adjustment lag. People still move at “” speeds and habits for a week or two; the City runs Dusk & Darkness each year to counter this.
• Documented NYC crash patterns. Vision Zero’s show citywide injury and fatal-crash metrics and let you review borough-by-borough trends; NYPD also publishes weekly borough tables of fatalities:
  • (interactive map & dashboards; filter by borough, month, mode)
  • NYPD borough traffic fatalities tables (weekly PDFs/Excels for Bronx, Brooklyn North/South, Manhattan North/South, Queens North/South, Staten Island).
  • NYC (citywide collisions, pedestrians, cyclists, and an historical “Deaths by Year and Borough” dataset).

Street-Smart Safety Checklist for the Time-Change Weeks (NYC-Specific)

For Pedestrians:

• Make eye contact before stepping off the curb; don’t assume a vehicle will yield even in a crosswalk.
• Wear or carry something reflective or light-colored at dusk; drivers often misjudge distance in low light.
• Use signaled, well-lit crossings; avoid mid-block crossings on wide streets.

For Cyclists:

• Run required lights front and rear; add a seat-stay or helmet flasher for dusk.
• Take the bike lane, but “ride big” near turning vehicles; watch for door zones and taxis pulling to the curb.
• Use intersections with leading pedestrian intervals (LPIs) and daylighting when possible; they’re common on Vision Zero corridors.

For Drivers, Taxi/Uber, and Delivery:

• Slow early when approaching crosswalks after sunset; expect pedestrians to be harder to see.
• Yield on turns—failure to yield is a top crash factor—especially where LPIs give walkers a head start.
• Keep windshields clean and dim dashboards to cut glare; watch for cyclists in shadowed lanes.

If You Were Hurt Around the Clock Change, Call a Lawyer Before You File Anything

NYC and NY State law impose strict timelines and technical steps after a crash. Speaking to a lawyer first helps you avoid mistakes and preserve evidence.

• Private-party crashes (cars, taxis/Uber): Insurers push early statements and quick, low settlements. Counsel coordinates medical care, documents wage loss, and handles the claim or lawsuit.
• City or NYCHA-adjacent hazards (dark, poorly maintained crossings/areas): Claims involving public entities can trigger Notice of Claim deadlines and 50-h hearings—legal help is crucial from day one.
• Evidence window is short: Traffic camera footage, dashcams, and business CCTV often overwrite within days; attorneys send preservation letters immediately.

What to Do Right Now

1. Get medical care and follow doctor’s orders.
2. Photograph the scene at dusk or night if safe: sight-lines, lighting, signals, skid marks, vehicle damage.
3. Save torn clothing/helmet and keep receipts for all out-of-pocket costs.
4. Collect plate numbers, TLC license/vehicle numbers (for taxis/Uber), app trip screenshots, and witness contacts.
5. Contact an attorney promptly to preserve video, download vehicle/phone telematics where available, and manage all insurer or municipal filings.

Why The ������ Firm, P.C.

For more than three decades, we’ve represented New Yorkers injured as pedestrians, cyclists, drivers, and passengers including cases involving taxis/Uber and municipal entities. We investigate quickly, preserve critical video, and pursue full compensation for medical bills, lost income, and pain and suffering.

Free case review

If you were injured in a crash during the fall clock-change period, or at any time, contact The ������ Firm, P.C. today for a free consultation. Call Now.

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No-Fault Benefits for Pedestrian Accidents

When a pedestrian is struck by a motor vehicle, no-fault insurance will pay for their medical bills and lost wages up to a certain amount, regardless of who was at fault for the accident. Notably, a pedestrian’s own personal injury protection (PIP) coverage would apply first, even though they were not in a vehicle. 

If they do not own a vehicle — and thus, they do not have PIP coverage — an injured pedestrian can make a claim with the insurance company of a member of their household. If neither option is possible, the PIP insurance of the driver who struck the pedestrian should cover their medical expenses.   

Sometimes, it may be necessary to file a claim through the Motor Vehicle Accident Indemnification Corporation (MVAIC). This can arise in cases where no-fault coverage is not available through any of the above avenues and one of the following circumstances apply:

• The vehicle that struck the pedestrian was uninsured
• The vehicle that struck the pedestrian was insured, but coverage was denied
• The pedestrian was struck by an unidentified vehicle
• The vehicle was stolen
• The vehicle that struck the pedestrian was being operated without the owner’s consent

It’s crucial to understand that there are strict timelines to file a no-fault application to avoid paying the costs associated with medical bills out-of-pocket. Failure to submit a no-fault claim within 30 days of the accident can result in forfeiting these benefits. Additionally, a Notice of Intention to file an MVAIC claim must be submitted to MVAIC within 180 days (or 90 days in the case of a hit and run). 

When Can You Sue for a Pedestrian Accident?

Although no-fault insurance will provide up to $50,000 for medical expenses and a portion of a pedestrian’s lost wages, this often isn’t enough to cover the full extent of a pedestrian’s pecuniary damages. It also doesn’t cover the physical pain and emotional suffering an accident victim may have experienced due to their injury. A pedestrian who suffered what is defined under New York Insurance Law as a “serious injury” may consider filing a personal injury action against the negligent, careless, or reckless party. 

A pedestrian may be entitled to recover an award for their economic and non-economic damages by pursuing a personal injury action. Recoverable economic damages in a personal injury action include monetary losses such as unreimbursed medical expenses, lost wages, out-of-pocket medical costs, and future lost earnings. Non-economic damages (also referred to as “pain and suffering”) are meant to compensate for the impact of an injury on a victim’s everyday life and livelihood.

Contact an Experienced New York Personal Injury Attorney

If you have been hurt in a pedestrian accident, having an experienced attorney who can fight to secure the compensation you deserve is vital. The personal injury attorneys at the ������ Firm, P.C. are committed to standing up for the rights of injured pedestrians and work aggressively to obtain the maximum compensation to which they are entitled.  

The ������ Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.

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Liability in Citi Bike Accidents

Determining liability in a Citi Bike accident depends upon the specific facts and circumstances of the case. Critically, to recover compensation for your injuries, another party’s negligence must have caused them. In most bicycle crashes, there are a few parties whom you might be able to name in a personal injury lawsuit. Potentially liable parties can include the following:

• Citi Bike — Citi Bike is typically not responsible for accidents involving their bicycles unless it arose due to a defect in the equipment or a faulty part. If the bicycle Citi Bike rented to you wasn’t safe or in good working order, the company may be liable for your injuries.
• A motorist — In most bicycle accidents, the motorist who struck the victim is the party who should be held accountable for any resulting injuries. For instance, if a driver hit a cyclist because they were texting, distracted, or driving under the influence, they may be held liable for their negligence.
• The City of New York — The City does not own or operate Citi Bike. It only grants an exclusive franchise to the company and would not be liable for most accidents involving the use of the bikes. However, if the accident was caused by a hazard or defect in the road that the City had notice of and failed to remedy, it may be held accountable for the victim’s injuries.  
• A pedestrian — Sometimes, a pedestrian might be to blame for a Citi Bike accident. If they did not have the right of way or weren’t paying attention to where they were walking, a cyclist may have to swerve unexpectedly to avoid them. If they are injured as a result, the pedestrian may be sued in a personal injury lawsuit for their negligence.

A defendant in a Citi Bike accident might attempt to shift the blame to the victim in an attempt to avoid liability. Importantly, New York follows the doctrine of comparative negligence. Under this rule, a plaintiff in a personal injury case can recover their damages whether they were 99% at fault or were not to blame at all. The amount of compensation would be reduced in proportion with their percentage of negligence. 

Compensation for Citi Bike Accidents

A bicycle crash can be a serious matter — and your injuries may require extensive medical treatment and time out of work. No-fault insurance may cover up to $50,000 of your medical bills and a portion of your lost wages. However, this usually isn’t adequate to cover the full extent of your injuries. In such cases, it may be necessary to pursue a personal injury lawsuit against the negligent party. In doing so, you may be entitled to recover your economic and non-economic damages.

Economic damages are meant to compensate for things such as unreimbursed medical expenses, lost earnings, and out-of-pocket costs incurred by the accident. Non-economic damages (which are also referred to as pain and suffering damages) are meant to compensate for the physical pain, mental anguish, and loss of enjoyment of life suffered by a victim.

Contact an Experienced New York Personal Injury Attorney

If you were hurt in an accident while riding a Citi Bike, it’s important to contact a personal injury attorney immediately who can fight for your right for compensation. A skilled personal injury attorney can help ensure you obtain the maximum amount of monetary recovery available for your injuries. The ������ Firm, P.C. has more than 30 years of experience representing clients in bicycle accidents and securing substantial verdicts and settlements in their cases.

The ������ Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester, Rockland County, and on Long Island in Nassau County and Suffolk County.��Contact us��for a consultation.

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Types of Manhole Accidents

Manholes are constructed to provide workers with access to utility lines, pipes, or the sewer system. They are closed with a heavyweight cover that can weigh hundreds of pounds. While the cables underground are prone to damage caused by aging and erosion, they can cause a fire if they come into contact with flammable materials. When this happens, pressure can build up within the manhole and ultimately cause the cover to explode and be hurled into the air, striking a pedestrian or vehicle.    

Other common types of manhole accidents and injuries include the following:  

• Trip and fall accidents — Loose or missing covers can cause trip and fall hazards to pedestrians, leading to injuries such as broken bones, nerve damage, paralysis, and brain damage.
• Car accidents — If a manhole is left open or is dislodged, a serious car accident can arise if a vehicle hits it.  
• Steam and burn injuries — Hot steam can rise through the holes of the manhole cover, causing pedestrians to suffer severe burn injuries and disfigurement.
• Explosions — Heat buildup and faulty wires can cause explosions that put everyone in the vicinity at risk of harm, including pedestrians, bicyclists, and occupants of vehicles.
• Occupational injuries — Not only can lifting a manhole cover cause musculoskeletal conditions in workers, but they can also be injured as a result of fire, explosions, steam, and falls.

If you’ve been injured in a manhole accident, you should seek medical attention immediately. Whether or not you think you’ve been hurt, some injuries do not appear until several days or weeks later. Not only is getting the medical help you need vital for your health, but also to document any personal injury claim you may have. If possible, you should also take photos of the condition of the manhole and obtain the names and contact information of any witnesses.

Liability for Manhole Accident Injuries

Determining liability for a manhole accident is complex and requires a thorough investigation by an experienced personal injury attorney. Critically, there are many different city agencies and entities that can be responsible for manholes. They may be owned by entities and authorities such as the Department of Environmental Protection (DEP), the FDNY, Verizon, Con Edison, the MTA, or National Grid.

However, regardless of which entity owns the manhole, another may be responsible for maintaining it. While the DEP is the agency that responds to cover problems, the Department of Transportation must periodically inspect roadways and ensure they are secure. In addition, Con Edison is responsible for investigating issues related to steam and smoke emanating from manholes.

To hold a party liable for your manhole accident injuries, you must establish that they were negligent. This can be done by showing that the entity responsible for the manhole knew about the dangerous condition but failed to remedy it or provide a warning. You may also be able to bring a claim if you can prove that the owner of the manhole created the hazard.

Since manhole accidents involve the City of New York, it’s essential to be aware that there are much shorter statutes of limitation to bring a personal injury lawsuit. In litigation involving the City or one of its agencies, it’s crucial to note that you must also file a Notice of Claim within 90 days from the accident date. Failure to do so can forever bar you from recovering compensation for your manhole accident injuries.

Contact an Experienced New York Personal Injury Attorney

If you were hurt in a manhole accident, you might be eligible to file a personal injury lawsuit to recover your damages. The personal injury attorneys at The ������ Firm, P.C. have more than three decades of experience helping manhole accident victims in New York obtain the compensation they deserve for their injuries. 

The ������ Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.

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Operating a vehicle while tired is just as dangerous as speeding, running a red light, and texting behind the wheel. Moreover, drowsy driving accidents are entirely preventable.  

How Does Drowsy Driving Cause Car Accidents?

Many drivers may not realize how hazardous it can be to get behind the wheel while drowsy. However, nodding off for just one moment while driving can have a catastrophic impact. Fatigued drivers pose a significant safety risk to themselves, their passengers, others on the road, pedestrians, and bicyclists. 

Driving while sleep deprived can have effects on the body that are similar to driving under the influence of alcohol. Fatigue, whether caused by working a long shift, an untreated sleep disorder, consuming alcohol, taking medications, or staying out too late, can slow a driver’s reaction time. It can also make them pay less attention to conditions on the road and affect their decision-making ability.     

Injuries Caused by Drowsy Driving Accidents

Crashes caused by fatigued driving can lead to head-on collisions, sideswipes, rear-ends, and multi-vehicle pileups. These types of accidents can be severe, resulting in serious injuries that may require extensive medical treatment, surgery, physical therapy, and time lost from work. A victim might also suffer lifelong disability or permanent disfigurement as a consequence of someone else’s decision to drive while drowsy. 

Some common injuries sustained in drowsy driving accidents include: 

• Soft tissue injuries
• Brain damage
• Spinal cord injuries
• Paralysis
• Nerve damage
• Broken bones and fractures
• Lacerations and disfiguration
• Fatality

No-fault benefits may cover up to $50,000 for a victim’s medical treatment. However, this is rarely enough to cover the full extent of expenses incurred for emergency room treatment, hospital bills, doctor’s visits, chiropractic care, diagnostic testing, and other costs. In these cases, it may be necessary to commence a personal injury action.   

Recovering Your Damages in a Fatigued Driving Accident

To recover economic and non-economic damages in a lawsuit for a drowsy driving accident, liability must first be determined. Unlike in a car accident involving drug or alcohol use, there isn’t a scientific test to measure drowsiness. But there is still other evidence that can be used in a personal injury case to demonstrate a fatigued driver’s negligence and hold them accountable for the injuries they caused.  

For example, a lack of skid marks at the scene of the accident may show that the at-fault driver did not brake or attempt to slow down before striking the other vehicle. Medical records may show that the negligent driver was taking medication that can cause fatigue. In addition, dashcam footage, phone records, credit card receipts, and witness statements can all be helpful evidence to prove negligence.

If liability is established in a personal injury action, a victim of a drowsy driving accident may be entitled to recover their unreimbursed medical expenses, out-of-pocket costs incurred in connection with the accident, lost wages, and future lost earnings. They may also be eligible to receive compensation for the pain and suffering they experienced due to their accident-related injuries.  

Contact an Experienced New York Personal Injury Attorney

If you were hurt in a fatigued driving accident, it’s critical to have a knowledgeable personal injury attorney by your side who can ensure you obtain the maximum monetary recovery available for your injuries. The ������ Firm, P.C. has more than 30 years of experience not only fighting for the rights of car accident victims in New York, but also securing favorable outcomes on their behalf.

The ������ Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester County, Rockland County, Nassau County, and Suffolk County. Contact us today for a consultation.

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What is Comparative Negligence?

Comparative negligence is a defense often raised in New York personal injury claims in which the defendant tries to limit their liability by arguing that the plaintiff’s actions contributed to the accident. For instance, in a pedestrian knockdown case, the defendant may argue that the victim wasn’t paying attention while crossing the street, crossed at the wrong time, or was outside the crosswalk.�� �� ����

Importantly, just as drivers have a legal duty to operate their vehicles safely and observe those crossing the street, pedestrians must also exercise reasonable care. To avoid accidents, a pedestrian should only cross at an intersection when a “walk signal” indicates it is safe to do so. Pedestrians must also ensure that they are not distracted while crossing the street by texting or talking on their cellphone.

If a jury determines that a pedestrian was negligent, they are not necessarily barred from recovery. Rather, in New York, any compensation to which a pedestrian would be entitled is reduced by their share of fault. For example, if the damages amount to $100,000, but they were found to be 30% at fault for the accident, they would be able to recover up to $70,000. Even if a pedestrian is 99% at fault for the accident, they can still recover 1%.

Proving Liability in a Pedestrian Knockdown Accident

Regardless of whether a pedestrian paid attention to their surroundings while crossing the street, pedestrian knockdown accidents mostly occur due to driver negligence, carelessness, or recklessness. A driver may have been speeding, trying to beat a red light, or failed to yield the pedestrian’s right of way. Driving under the influence, misjudging distance, and inattention are also common causes of pedestrian accidents.

The police should be called to the scene following a pedestrian accident — they must investigate any motor vehicle accident that resulted in injury by law. The police will take statements from witnesses, the driver, and the victim, and document the accident. Although police reports are generally not admissible in court unless they satisfy an exception to the hearsay rule, they can contain crucial information and provide leverage in settlement negotiations.����

Liability can be demonstrated in a pedestrian knockdown accident through evidence such as eyewitness testimony, footage from traffic camera surveillance, and photos. In some cases, accident reconstruction experts may also be hired to provide testimony. However, it’s essential to understand that even if liability is proven, a victim’s injuries must be established through proper medical documentation to recover compensation.�� ��

Pedestrian Knockdown Accident Injuries

Pedestrian knockdown accidents can cause severe injury or fatality. According to data collected by the��, there were, on average, 312 deaths and 3,027 hospitalizations in connection with pedestrian knockdown accidents between 2012 and 2014. 56% of victims involved in fatal accidents suffered traumatic brain injury as well as 37% of those who were hospitalized.

Other pedestrian knockdown accident injuries can include:

• Soft tissue injuries
• Broken bones
• Fractures
• Concussion
• Spinal cord injuries
• Permanent disfigurement
• Paralysis

Pedestrian knockdown accidents can result in��extensive medical treatment, a lengthy hospital stay, and time lost from work.��No-Fault benefits��may cover up to $50,000 for medical care and up to a certain amount of lost wages. But this is rarely enough to compensate a victim for the full extent of monetary loss they may have incurred as a result of being struck by a car. In these cases, an injured pedestrian may be eligible to file a personal injury action to receive compensation for their economic damages — and their pain and suffering.

Contact an Experienced New York Pedestrian Knockdown Accident Attorney

If you’ve suffered injuries or lost a loved one in a pedestrian knockdown accident, you may be entitled to compensation. A skilled personal injury attorney can help ensure the negligent party is held accountable and you obtain the monetary recovery you deserve. The ������ Firm, P.C. has over 30 years of experience providing reliable representation in pedestrian knockdown accidents and achieving favorable outcomes for clients.

The ������ Firm, P.C. has convenient office locations in Manhattan, Brooklyn, and the Bronx, as well as mobile locations serving Brooklyn, Queens, Manhattan, the Bronx, Staten Island, Westchester, Rockland County, Nassau County, and Suffolk County.��Contact us today for a free consultation.

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Since motor vehicles weigh thousands of pounds, the impact of a pedestrian knockdown can lead to severe, debilitating injuries and tragically death. Even if the injuries are relatively minor, they often require extensive and costly medical treatment. With medical care adding up to thousands of dollars or more, you may be concerned about how you will cover these expenses.��

New York’s No-Fault Law Applies to Pedestrians

In New York, drivers are required to have No-Fault insurance, which provides to pedestrians that are hit by a car or other vehicle under the New York No-Fault law. No-Fault insurance covers the cost of medical treatment for victims of car accidents up to $50,000 as well as lost wages up to $2,000 a month. This can cover diagnostic testing, medical treatment, hospital stays, physical therapy, x-rays, office visits, medical equipment, and medications.��

To receive No-Fault benefits, a pedestrian must file a “Form NF-2” application with the driver’s insurance company within thirty days of the date of the accident. If the accident was a hit and run, your own vehicle insurance may cover No-Fault benefits, depending on whether your policy addresses this kind of situation. Otherwise, you can file a first-party benefits claim with MVAIC (the Motor Vehicle Accident Indemnification Corporation) if you meet the��.��

Pedestrian Knockdown Injuries

Pedestrian knockdown accidents can be caused by many different circumstances. ��provides that drivers must “exercise due care” to avoid collisions with pedestrians. If a driver’s failure to do so causes injury to a pedestrian, they may be guilty of a VTL violation for which civil penalties such as fines or imprisonment can be imposed.��Driver negligence, recklessness, inattention, carelessness, failure to obey red lights, speeding, and distracted driving are common causes of these kinds of accidents.��

Being struck by a vehicle can cause serious injuries, and even fatalities, including:

• Concussions
• Traumatic brain injuries
• Broken bones
• Lacerations
• Fractures
• Soft tissue injuries
• Spinal damage
• Paralysis
• Death

It’s crucial to seek medical attention immediately if you suffered injuries in a pedestrian knockdown incident. Whether you think you’re seriously injured or not, internal bleeding and other injuries that may not be readily apparent can be fatal if left undetected.��

Compensation for Pedestrian Knockdown Injuries

If you suffered injuries in a pedestrian knockdown accident, No-Fault insurance may not cover the full cost of your medical care — your injuries may require hospital stays, surgery, physical therapy, or any other treatment recommended by your doctor which exceed the $50,000 No-Fault cap. In these cases, it is often necessary to file a lawsuit to recover your economic damages.

If the court finds that the driver was negligent, you may be awarded compensation for unreimbursed medical expenses, future medical expenses, lost wages, future lost wages, and the pain and suffering caused by your injuries. Pain and suffering, also known as non-economic loss, compensates for things like loss of enjoyment of life, inability to perform certain activities as well or as frequently as you had and loss of consortium.

Contact an Experienced Pedestrian Knockdown Attorney

If you or a family member were injured as a result of a pedestrian knockdown or a hit and run accident, it’s important to contact an attorney as soon as possible who can protect your rights and advise you of your legal remedies.

The ������ Firm, P.C. can help you obtain the maximum compensation available for your pedestrian knockdown injuries.��Contact us today for a consultation.����

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Unfortunately, construction companies and property developers do not always take proper safety precautions when setting up and using cranes. When a crane accident occurs, the consequences can be truly devastating, even deadly. Here, our skilled New York City crane accident lawyers explain the key things you need to know about crane accident liability in New York.

Many Defendants May Be Held Liable for a Crane Accident

Crane accidents happen for a wide range of different reasons — from lack of employee training or improper crane assembly to companies carelessly rushing through projects or failing to conduct adequate inspections. Regardless of why a crane accident occurs, negligent parties can be held liable for the resulting damages. Negligence is the failure to act with the level of care with which someone of reasonable prudence would have acted under similar conditions. For reference, some of the defendants that could potentially be held liable for a crane accident in New York City include:

• Property owners;
• Project management companies;
• Real estate developers;
• Construction companies;
• Other contractors and subcontractors;
• Architects or engineers;
• Construction inspection firms; or
• Crane manufacturers.

New York is a pure state (), meaning multiple parties may share the responsibility for a single crane accident. Indeed, in many cases, crane accidents happen because of safety failures at multiple different levels, often resulting in more than one defendant. Notably, under New York state law, plaintiffs may still be eligible to recover some financial compensation even if they were partially at fault and contributed to the accident.

Every Crane Accident Requires a Comprehensive Investigation

For a variety of reasons, crane accident claims are extremely complex. With so many different defendants that may bear liability, it is not uncommon for them to try to push culpability onto one another in an effort to protect their own financial interests. If you were hurt in a crane accident, it is imperative that a comprehensive investigation be conducted to determine exactly what happened, why it happened, and who was at fault. All negligent parties must be held accountable.

Get Legal Guidance From an Experienced New York, NY Crane Accident Attorney Today

At The ������ Firm, P.C., our New York construction accident lawyers have the skills and experience to handle the full range of crane accidents. If you or your family member was injured or killed as a result of a crane accident, we are here to help.

To request a free, no obligation legal consultation, please contact our legal team right away. From our law offices in Manhattan, the Bronx, and our mobile offices, we handle construction accident claims throughout the region.

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In recent years there have been serious questions raised about pedestrian safety in New York City. According to data published by the , pedestrian fatalities in the City increased by more than five percent in 2018. At least 111 people were killed in pedestrian collisions, while many others suffered serious injuries.

We Represent a Pedestrian Injured in a Crash in the Bronx

Our New York City personal injury lawyers are representing a pedestrian who, in the fall of 2018, was injured in a collision in the Bronx. Immediately prior to the collision, the client was standing at a corner, waiting to cross Dekalb Avenue. She looked up and saw the signal indicating that it was the appropriate time for pedestrians to use the crosswalk. Suddenly, she was struck and knocked down by a vehicle making a turn. She was transported to Jacobi Medical Center with significant neck and back pain.

This type of scenario is very typical of pedestrian accidents in our region. Many of these collisions occur when pedestrians are within marked crosswalks. Unfortunately, drivers who are making turns — whether they are making a right on red or making a turn on green — fail to watch out for pedestrians who have the right-of-way.

If you or your family member is injured by a vehicle while walking, you need to know what to do after a pedestrian accident in New York City so that you can protect your health, safety, and legal rights. First and foremost, you should always get professional medical attention. Nothing should come before your medical needs. Beyond that, you should speak to a pedestrian accident lawyer before giving any statement to an insurance company.

Pedestrian Accidents: Compensation for Victims

Compensation for vehicular accidents in New York may include both economic and noneconomic damages for the harm caused. If you or your loved one was injured in a pedestrian crash, it is imperative that you are able to access financial compensation for the full value of your losses. Among other things, damages may include:

• Property damage;
• Current and future medical expenses;
• Lost wages, and lost future earnings and benefits;
• Pain and suffering:
• Emotional distress;
• Disability;
• Disfigurement; and
• Loss of enjoyment of life.

Notably, New York operates under a pure comparative negligence standard for car accident cases, where the court reduces the overall award to the victim by the percentage they are found at fault for the accident.

As an example, if the victim of a car accident was awarded $500,000 in damages but was also found to be at fault for ten percent of their own injuries, the overall award would be reduced to $450,000. Because New York is a pure comparative negligence state, this means that even a person found to be 99 percent at fault could still recover one percent of their overall damages.

Speak to Our New York City Car Accident Lawyers Today

At The ������ Firm, P.C., our New York car accident attorneys specialize in personal injury law. We have the skills and experience needed to handle the full range of pedestrian accident claims. If you or your loved one is injured in a pedestrian collision, we are here to help.

For a free, fully confidential consultation, please contact our law firm today. With physical office locations in Manhattan and the Bronx, and three mobile offices that can come directly to you, we are well-positioned to serve communities throughout the region.

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New York City is a dangerous place for motorists, pedestrians, cyclists and motorcyclists. If you or a loved one has been injured in a��car accident in the New York City area,��you’re not alone. Traffic is heavy, drivers are distracted, truck drivers are in a hurry,��and poor road conditions can lead to a loss of control.��As car accident lawyers,��The ������ Firm helps car accident victims and their families protect their rights and seek fair compensation for their injuries.��

In just July��of 2018 there were��19,384��motor vehicle collisions with 3,823��of them��causing injuries or deaths, according to the��. They caused 5,330��injuries and 16��deaths. That comes to about 172��injuries��each day and��a about fatality every other day.��

There can be many reasons for a car accident in the New York City area, including,��

• Driver distraction or inattentiveness:��This can be caused by smart phone use, fatigue, conversations with others in the vehicle,��or��drivers��simply not paying attention to what’s ahead of them. About 10% of fatal crashes and 15% of crashes causing injuries in 2015 were caused by distracted drivers, according to the��.��
• Fatigue:��About��60% of adult drivers,��which comes to��about 168 million people,��say they have driven a vehicle while feeling��drowsy,��and more than��a��third (37% or 103 million people)��admit to��sleeping behind the��wheel, according to a����survey��in��2005.��
• Driving under the influence of drugs:��In 2016 11.8��million people aged 16 or older drove under the influence of��illegal drugs, reports the��.��Effects on drivers vary depending on the individual and the drug used��and��can include drowsiness, dizziness, slowed reaction times or aggressiveness.��
• Speeding:��According to the City of New York, of the vehicle accidents in July��2018,��333��of them involved speeding as a factor. Speeding can greatly decrease reaction time, especially on crowded city streets.����
• Tailgating:��Following too closely was a factor in 2,353��accidents in the city in July��2018, impacting more than 12% of all accidents. These accidents can cause soft tissue injuries of the neck and shoulder. More serious accidents could cause concussions and traumatic brain injuries.��
• Wrong way driving:��A driver going the wrong way could be intoxicated,��drowsy, not paying attention,��or simply confused in dark conditions and by poor signage. A high percentage of these accidents result in severe injuries and deaths.����

If a driver engages in these acts he or she is breaking the law��and��should be given a ticket,��if not arrested. Violating the law is normally strong evidence of fault by the driver. In��the case where two vehicles are involved and��both drivers broke��the law,��the fact finder would need to decide who’s more to blame.��

Accident investigations help sort out the facts��

Who gets the blame��may ultimately be decided in court. After an officer comes to the scene and investigates the crash,��a report will be issued. That report is often��used��by the��insurance��company��and��the injured party’s attorney.��

All the parties involved��normally��file an insurance claim for the damages to their vehicles��and/or��for their injuries.��Car accident attorneys and insurance companies conduct��further��investigations to determine who caused the accident, how,��the conditions that might have led to the accident,��and who��should be held liable. Evidence could include,��

• The police report,����
• Interviews with witnesses and the drivers��involved,����
• Physical damage to the vehicles, guardrails, power poles or buildings,��
• Photos taken of the accident scene,��
• Video shot inside the vehicle or outside by bystanders or nearby security cameras,��and,��
• The extent of injuries and��the location of��the injured parties,��both inside and outside��the vehicle.��

Engineers who can reconstruct an accident given the evidence could be used to��provide��a professional opinion on the cause of the accident and who made what mistake��to decide who was at fault and by what degree.��

Blame May Be Placed By a Jury��After��a Trial��

If you’re considered seriously��injured��under New York law, want to claim damages for pain and suffering,��and��have economic losses��greater than $50,000,��you may be able to file a in state court.��It would be up to the fact finder (a judge or jury) to decide who’s at fault if the parties can’t reach a settlement agreement.����

Under negligence law,��the plaintiff (the party filing the lawsuit) needs to show that it’s��the defendant (the party being sued)��who, more likely than not,��acted negligently and is responsible for paying damages as a result. The plaintiff would need to establish,��

• The defendant owed him a legal duty (to operate the vehicle reasonably and safely),��
• The defendant breached that duty (he drove too fast, ran a stop sign or drove while intoxicated),��
• That breach was the factual and legal (or proximate) cause of the plaintiff’s injuries, and,��
• The plaintiff suffered damages (a way to measure harm by using money) which, under New York law, the defendant is obligated to compensate the plaintiff.��

The fact finder would need to consider the evidence submitted at trial��(including photos, videos, eyewitness testimony,��and experts’ opinions) and decide,��

• Is��the defendant at fault?��
• If so, is the��plaintiff��also��at fault?��
• If��fault��is shared, how much��is��each side to blame?����

Then the plaintiff’s damages��award��would be��reduced by his or her portion of the blame.��

Get in Touch, Don’t Waste More Time��– why��The ������ Firm?��

If you or a loved one has been injured in a car accident in the New York City area and you��would like��to discuss your situation, the law,��and how to protect your legal rights to compensation for your injuries, you can��speak to an attorney at The ������ Firm, P.C., by��calling our office at (212) 970-6500. Our��firm has more than��30��years of experience with car accident claims and litigation.��

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