Brooklyn Pedestrian Accident Lawyers
Walking is the top mode of transportation in New York City, and Brooklyn is one of the most walkable and picturesque boroughs, particularly the Brooklyn Heights, Boreum Hill, and Cobble Hill neighborhoods. Generally, New Yorkers can obtain everything they need within a five-to-ten-minute walk.
Unfortunately, with such high numbers of pedestrians at any given moment, pedestrian accidents are a regular occurrence, making New York one of the top 10 states with the highest rate of pedestrian fatalities. Each year, nearly 6,000 pedestrians are seriously injured while crossing the street in New York City. According to a New York City Department of Transportation (NYC DOT) report:
- Victims are 10 times more likely to be killed than the driver who struck them.
- Approximately half of all New York City traffic-related deaths are pedestrians.
- One of every five traffic-related child fatalities is a pedestrian.
- Over one-third of pedestrian accidents are caused by distracted driving, and one-quarter are due to drivers failing to yield to pedestrians.
- Most drivers are unaware of the city’s speed limits.
- Males, children, and adults over 60 have the highest risk of being struck by a car.
Walking can be a dangerous activity throughout New York City. For over 50 years, the Brooklyn pedestrian accident lawyers at Rubenstein & Rynecki have fought for clients injured by negligent drivers, successfully recovering hundreds of millions of dollars in compensation for their injuries and losses.
What Areas of Brooklyn Are the Most Dangerous for Pedestrians?
Several areas of Brooklyn are particularly dangerous for pedestrians due to a high volume of traffic, confusing intersections, and a large mix of vehicles, foot traffic, and cyclists. Dangerous streets and intersections in Brooklyn include:
- Atlantic Avenue and Clinton Street
- Flatbush Avenue
- Hooper and South Fifth Street
- Lawrence Street and Willoughby Street
- Linden Boulevard
- Newkirk Avenue
- Smith Street and Wyckoff Street
- Sterling Place and Kingston Avenue
- South Fourth Street and Keap Street
- South Third Street and Havemeyer Street
- Tillary Street and Flatbush Avenue
- Williamsburg Bridge, Brooklyn approach
City initiatives like Vision Zero aim to reduce traffic-related deaths by lowering speed limits and enhancing traffic enforcement.
What Injuries Do Pedestrians Suffer When Hit by a Car?
Due to the height and weight difference between pedestrians and vehicles, they typically suffer serious injuries during an accident, even at low speeds. In most instances, pedestrians are not only struck but are also thrown onto the vehicle’s hood or windshield or through the air. The taller the vehicle, the more catastrophic the injuries. Some of the most serious injuries include:
- Amputated or crushed limbs
- Back, neck, and spinal injuries
- Broken or crushed bones, often multiple
- Deep lacerations
- Disfigurement
- Head and facial damage
- Nerve damage
- Organ damage and punctures
- Paralysis
- Traumatic brain injuries
Who Is Responsible for My Injuries if I Am Struck by a Car?
New York is one of the few states with no-fault insurance laws. When registering a vehicle in the state, vehicle owners are required to purchase a minimum of $50,000 in personal injury protection (PIP). If injured in a car accident, both drivers are required to first seek compensation from their own PIP coverage for medical expenses, lost wages, and more, regardless of who is at fault for the accident. However, most Brooklyn residents do not own vehicles nor have PIP insurance coverage.
Pedestrians without insurance can file a claim with the driver’s PIP insurance for compensation. New York uses the rule of pure comparative fault for pedestrian accident claims, meaning even if you are 99 percent at fault, you have the right to file a claim against the driver.
Even if you do carry PIP coverage, the expenses incurred for severe injuries quickly add up and often exceed the $50,000 minimum. If your damages exceed the minimum coverage, you can seek legal action against the driver to recover economic and non-economic damages, such as pain and suffering, loss of consortium, wrongful death, medical expenses, and lost wages.
What Should I Do If I Am Hit by a Car?
Your actions after an accident can provide valuable evidence for your injury claim. Provided you are unhurt or only suffered minor injuries, you should take the following steps after an accident:
- Call the police and report the accident.
- Exchange contact and insurance information with the driver, but limit further conversation as what you say can be used against you later.
- Photograph the scene, your injuries, and any contributing factors.
- Gather contact information and statements from any witnesses.
- Seek medical attention as soon as possible. Serious internal injuries without obvious symptoms are common in pedestrian accidents and can be life-threatening if untreated. You will also need a doctor’s report for your claim.
- Maintain all records, reports, bills, and correspondence related to the accident and your injuries.
- Hire an experienced Brooklyn pedestrian accident lawyer with a record of success negotiating maximum settlements for clients.
Do Pedestrians Always Have the Right-of-Way?
Pedestrians do not always have the right-of-way and must follow the same rules of the road as motorists, though drivers are often taught to act as though pedestrians have the right-of-way to avoid hitting one.
Can Pedestrians Cause Car Accidents?
Pedestrians can be negligent and responsible for car accidents, such as jaywalking or suddenly stepping into traffic without looking for oncoming vehicles. When responsible, pedestrians may be unable to seek compensation, even if injured.
Can Drivers Seek Compensation from Pedestrians?
If a driver is injured in an accident caused by a pedestrian, the pedestrian could be liable for compensation, typically through their auto insurance.
Do Drivers Face Criminal Charges for Hitting a Pedestrian?
Hitting a pedestrian frequently causes catastrophic, life-changing injuries for those on foot, even at low speeds, and drivers can be found criminally liable and prosecuted.
What if the Driver Who Hit Me Was Uninsured?
If an uninsured motorist caused the accident, you could still seek compensation from your auto insurance company through PIP and uninsured motorist (UM) insurance coverage. If your damages exceed your coverage limits, consult a Brooklyn pedestrian accident lawyer, as you may have legal options to recover the additional damages.
How Can Rubenstein & Rynecki Help Me After a Pedestrian Accident?
Hiring an experienced Brooklyn pedestrian accident lawyer provides comprehensive legal representation and peace of mind. At Rubenstein & Rynecki, our experienced pedestrian accident lawyers can:
- Investigate the accident.
- Establish your ongoing healthcare needs.
- Prepare and file all required documents within designated deadlines.
- Interview witnesses.
- Hire experts.
- Negotiate a settlement with insurance companies.
- Represent you in court should your case proceed to trial.
Our skilled Rubenstein & Rynecki legal team has over 50 years of experience handling personal injury claims, recovering hundreds of millions of dollars in compensation for our injured clients.
Our Brooklyn Pedestrian Accident Lawyers at Rubenstein & Rynecki Advocate for Clients Struck by Negligent Drivers
A simple activity such as walking can be dangerous in urban areas with high congested vehicle and pedestrian traffic rates. If you or a loved one has been struck by a driver, our experienced Brooklyn pedestrian accident lawyers at Rubenstein & Rynecki can help. Call today at 718-522-1020 or contact us online to schedule a free consultation. Located in Brooklyn, we serve clients throughout New York City, including The Bronx, Manhattan, Queens, and Staten Island.
