pixel
212-962-1020 Menu

Pedestrian accidents are unfortunately a significant concern in densely populated areas like New York City. The city's high population density, heavy traffic, and negligent driving behavior of motorists contribute to the occurrence of pedestrian accidents. 

If you or a loved one has been injured in a pedestrian accident in New York, don't face the aftermath alone. Seasoned attorney Michael S. Lamonsoff “The Bull” along with our team of experienced pedestrian accident lawyers in New York City, is here to fight for your rights and pursue the compensation you deserve. With our in-depth knowledge of New York laws and a proven track record of success, we are ready to guide you through the legal process and fight for the maximum compensation you deserve for your injuries and losses. 

Frequency of Pedestrian Accidents in New York

Pedestrian injuries rank among the top 10 causes of hospitalizations and fatalities in New York. Each year, around 300 pedestrians lose their lives, and 15,000 sustain injuries due to motor vehicle accidents on the state's roads. Stemming from this, more than 3,000 pedestrians require hospitalization annually as a result of such incidents.

In New York City, certain areas have a higher concentration of pedestrian accidents. Manhattan, especially in busy areas like Midtown and Lower Manhattan, has consistently recorded a significant number of pedestrian accidents. Additionally, heavily trafficked areas like Brooklyn and the Bronx also experience a considerable number of pedestrian accidents.

The city has implemented various safety measures to mitigate pedestrian accidents. These include lowering speed limits, implementing pedestrian-friendly infrastructure like crosswalks and pedestrian islands, enhancing traffic enforcement, and public awareness campaigns. In relation to this, violation of these safety rules and practices by motorists continue to cause pedestrian accident injuries and fatalities in New York City at an alarming rate. 

Different Types of Negligence of Motorists in Pedestrian Accidents

Here are different types of negligence commonly observed in motorist-involved pedestrian accidents in New York City:

  • Distracted Driving: This occurs when a driver diverts their attention from the road due to activities such as texting, talking on the phone, eating, adjusting the radio, or engaging with passengers. Distracted driving reduces a driver's ability to detect and react to pedestrians, increasing the risk of accidents.
  • Speeding: Speeding reduces a driver's ability to stop quickly and increases the likelihood of severe injuries or fatalities in the event of a collision with a pedestrian. Higher speeds make it more challenging for drivers to anticipate and respond to pedestrian movements.
  • Failure to Yield: Motorists in New York have a legal obligation to yield the right-of-way to pedestrians in crosswalks and at intersections. Failing to yield is a common form of negligence that can lead to severe pedestrian accidents.
  • Disregarding Traffic Signals: Running red lights or stop signs can result in devastating accidents with pedestrians who have the right-of-way. Failure to respect traffic signals is a clear violation of traffic laws and places pedestrians at significant risk.
  • Driving Under the Influence: Impaired drivers have reduced reaction times, impaired judgment, and diminished control over their vehicles. This greatly increases the likelihood of striking pedestrians and causing serious injuries or fatalities.
  • Aggressive Driving: Aggressive driving behaviors, such as excessive speeding, tailgating, weaving through traffic, or disregarding pedestrian rights, pose a significant danger to pedestrians.
  • Fatigue or Drowsiness: Motorists who drive while fatigued or drowsy put pedestrians at risk. Fatigued drivers may fail to notice pedestrians or respond appropriately to their presence on the road.

What Can I Expect to Recover From My Pedestrian Accident Claim?

Just as every pedestrian accident is different, the amount and type of damages that can be recovered from a claim will vary from case to case. At the Law Offices of Michael S. Lamonsoff, we handle each claim individually. By examining carefully the complete circumstances of the accident and its consequences, we are able to obtain the best possible results for each client.

The type and amount of damages awarded in these claims will vary with each individual case. 

The damages will be significantly impacted, for example, by the type and severity of the injuries sustained. 

Someone who is left physically impaired and unable to return to work will have a different claim than someone who sustains serious injuries but is able to make a full recovery. Yet in each case, we will want to work to make sure that the amount of damages awarded is the greatest possible. 

The amount of compensation in a claim will also depend on whether the driver was driving a personal vehicle or was on the job at the time of the accident. 

An experienced New York personal injury lawyer should be able to give you more insight about your specific claim. Call our offices, and one of our award-winning attorneys will help you find out all about your rights in a free consultation.

How Speeding Increases the Severity of Pedestrian Accident Injuries in New York

  • Increased Impact Force: The kinetic energy of a moving vehicle is directly proportional to its speed. When a speeding vehicle collides with a pedestrian, the higher energy transfer intensifies the force exerted on the pedestrian's body.
  • Reduced Reaction Time: Higher speeds reduce a driver's ability to react promptly to unexpected situations, such as a pedestrian crossing the road. With less time to perceive and respond, drivers may be unable to stop, leading to a direct and forceful impact on the pedestrian.
  • Longer Stopping Distance: Speeding vehicles require a longer distance to come to a complete stop. When a driver encounters a pedestrian unexpectedly, the longer stopping distance associated with higher speeds reduces the driver's ability to halt the vehicle in time to prevent a collision.
  • Reduced Margin for Error: Speeding decreases the margin for error in terms of maneuvering and making split-second decisions, making it harder to avoid or minimize the impact with a pedestrian in an accident.
  • Increased Potential for Loss of Control: Speeding amplifies the risk of losing control of the vehicle. If a driver loses control while speeding near pedestrians, the chances of striking them with greater force are significantly heightened.
  • Limited Time for Pedestrian Awareness: At higher speeds, the distance covered in a shorter time frame makes it more difficult for drivers to visually process and identify pedestrians, leaving them less time to react appropriately.

Laws to Protect the Rights of Pedestrians in New York 

Here are some key laws favoring pedestrians in New York:

Right-of-Way at Crosswalks (New York Vehicle and Traffic Law § 1151)

In New York, pedestrians generally have the right-of-way at marked and unmarked crosswalks. Motorists must yield to pedestrians crossing within or approaching a crosswalk, regardless of whether there are traffic control signals in place.

No Passing Stopped School Buses (New York Vehicle and Traffic Law § 1174)

When a school bus is stopped and displaying flashing red lights, motorists are required to come to a complete stop from either direction. This law aims to protect pedestrians, particularly children, who may be boarding or disembarking from the bus.

Reduced Speed Limits in School Zones (New York Vehicle and Traffic Law § 1180-c)

Speed limits in school zones are typically reduced to enhance pedestrian safety. Motorists must comply with the lower speed limits during specified hours when school is in session or children are present.

Failure to Yield to Pedestrians (New York Vehicle and Traffic Law § 1146)

Motorists are legally obligated to yield the right-of-way to pedestrians in various circumstances, including when pedestrians are lawfully within a crosswalk or when a traffic control signal indicates the pedestrian's right-of-way.

Is There a Time Limit to File a Claim?

The length of time you have to file suit will depend on the type of claim you are filing. The state of New York imposes a two-year statute of limitations on wrongful death claims. This means that you would have two years from the date of your loved one’s unnecessary passing to file a claim.

The statute of limitations on a personal injury claim in New York is three years. 

How Long Will it Take to Resolve My Case?

The length of time it takes to resolve a claim will depend on many different factors, such as the number of parties involved. A case that goes to trial will take a little longer to resolve than a case that is settled in the pretrial stage.

At the Law Offices of Michael S. Lamonsoff, PLLC, our attorneys are tough negotiators who use a thorough approach. Often they are able to reach a fair and reasonable settlement while avoiding litigation altogether. This will significantly shorten the length of time necessary to resolve your case.

What Our clients Say About Our Help in a Pedestrian Accident Case

“Around 2 years ago, after leaving work I was on my way home crossing the street. While in the middle of the crosswalk, a car came around the corner and struck me, even though there was a stop sign at the intersection. Luckily a pedestrian was close by and called the ambulance for me right away. 

“I made the decision to do some research on the best attorney for my case and came across Michael’s law firm. The first thing Michael mentioned when I met him was ‘not to worry about anything, just focus on getting better.’ 

“While working with Michael's law office everyone was very helpful, recommended great doctors to help me with my injuries and as Michael mentioned I was able to just focus on getting better.”

Joe

“While heading home one day I crossed the street and suddenly I was struck by a car. After going to the hospital, I was told that I had a fractured spine and knee. 

“This is when I knew I had to research the best lawyer in NYC and found Michael Lamonsoff. 

“During this process it was very reassuring as I was always taken care of from start to finish and in the end got far more than I even thought possible for my case.” 

Yole Ramos

Languages Spoken
Accessibility: If you are vision-impaired or have some other impairment covered by the Americans with Disabilities Act or a similar law, and you wish to discuss potential accommodations related to using this website, please contact our Accessibility Manager at 212-962-1020.