Queens Pedestrian Accident Lawyer
A car accident involving a pedestrian can cause tremendous injuries to the pedestrian. Most pedestrians suffer serious physical injuries, potential life-long disabilities and either a partial or total loss of income.
A Queens pedestrian accident lawyer can assist you by fighting for you against the driver and the insurance company. You will be fighting your own health battles, at least your lawyer can fight your financial battle on your behalf.
Your personal injury attorney can ease you and your family’s concerns by trying to get you an amount that will cover your past, current and future medical bills, your lost wages and in some cases for your pain and suffering.
What are the Pedestrian Accident Statistics in Queens?
Unfortunately, Queens is one of the most common pedestrian accident counties in New York state. As a state, New York suffers from approximately 300 fatal pedestrian accidents every year. This number does not even include the high number of non-fatal yet still serious pedestrian accidents.
In 2013 Queens was found to be the deadliest borough for pedestrian accidents with almost 43 residents who passed away because of pedestrian-related accidents.
To combat this issue, the state created a New York State Pedestrian Safety Action Plan. This action plan has provided a large advertising series informing drivers and pedestrians about the number of pedestrian accidents and how to avoid them.
Furthermore, the plan has created The New York State Partnership for Walk Our Children to School which promotes communities to come together to find ways to help children who walk to school get to school and back home safely.
What are the Laws in Queens Regarding Pedestrians?
Pedestrians are expected to follow traffic laws as much as drivers or bicyclists. A pedestrian must obey traffic signals when crossing a street. When going through a crosswalk if there is no traffic control signal all drivers must yield the right of way to pedestrians.
Also, if a pedestrian is using a white or metallic cane or a guide dog all drivers approaching a crosswalk or intersection should yield the right of way to these pedestrians.
If there is no crosswalk then pedestrians are expected to yield the right of way to vehicles. Finally, when a driver is exiting or entering a private road, driveway, alleyway, or building they must yield the right of way to pedestrians on the sidewalk.
The standard that is applied to accidents involving a driver and pedestrian is negligence. To determine if any (or both) parties are negligent many elements must be proven. A Queens pedestrian accident lawyer can fully explain these elements and argue that they have been met. The elements for negligence are:
- A duty of care was owed by the negligent party
- That duty was breached by the negligent party
- The injured party suffered injuries as a direct and proximate cause of the negligent party’s actions
- Actual injuries were sustained because of the negligence
Once these elements have been met, the lawyer has established that the driver that has hit them was negligent.
How a Queens Pedestrian Accident Attorney Can Help
You should be aware that in New York there is a statute of limitations of three years from the date of injury. If you fail to bring your claim within those three years then you cannot bring your case against the driver at all.
Even if you do not want to go to court, a Queens pedestrian lawyer can work with the driver and their insurance company to reach a settlement on your behalf.