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Pedestrian Accidents

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Poughkeepsie Pedestrian Accident Lawyers

Fighting For Pedestrian Accident Victims in New York

Pedestrians are at the mercy of drivers in most cases. Because of this, pedestrians are often seriously injured or killed in accidents involving motor vehicles. If you have been injured in a pedestrian accident, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. At Basch Keegan & Spada, our Poughkeepsie pedestrian accident attorneys can help you fight for the compensation you deserve.

Contact us online or call (845) 338-8884 today to schedule a free consultation with our pedestrian accident attorney in Poughkeepsie.

What are the Most Common Causes of Pedestrian Accidents?

Pedestrians are particularly vulnerable to injury in accidents with vehicles for a number of reasons. First, they do not have the same level of protection as those inside a vehicle. Second, they are not as visible to drivers as they are on the road. Third, they are often in the wrong place at the wrong time.

Common causes of pedestrian accidents include:

  • Distracted Driving/Pedestrian Distraction: Both drivers and pedestrians can become distracted by various factors such as texting, talking on the phone, adjusting the radio, or even engaging in conversations. When attention is diverted from the road, it increases the risk of accidents.
  • Speeding: Drivers who exceed the speed limit or drive too fast for the road conditions have reduced reaction time and a longer stopping distance. This can make it difficult to avoid pedestrians who suddenly appear in their path.
  • Failure to Yield: Drivers failing to yield the right of way to pedestrians, especially at crosswalks, intersections, or designated pedestrian areas, is a significant cause of accidents.
  • Jaywalking: Pedestrians not using designated crosswalks or crossing against traffic signals can put themselves in danger by entering the roadway unexpectedly.
  • Driving Under the Influence: Drivers impaired by alcohol, drugs, or medications are less likely to react promptly and make safe decisions. Impaired drivers might not notice pedestrians or have impaired judgment when interacting with them.
  • Poor Visibility: Low light conditions, bad weather, and inadequate street lighting can make it difficult for both drivers and pedestrians to see each other clearly.
  • Aggressive Driving: Aggressive behaviors such as tailgating, road rage, and failure to yield can lead to dangerous situations for pedestrians and other road users.
  • Pedestrian Recklessness: Pedestrians who disregard traffic rules, cross busy roads unexpectedly, or walk while distracted (e.g., using smartphones) may contribute to accidents.
  • Lack of Infrastructure: Poorly designed roadways, lack of proper crosswalks, pedestrian signals, and sidewalks can create an unsafe environment for pedestrians.
  • Left and Right Turns: Accidents frequently occur when drivers are making left or right turns at intersections and fail to notice pedestrians crossing in their path.
  • Inadequate Driver and Pedestrian Education: Lack of awareness about traffic rules and pedestrian safety guidelines can lead to both drivers and pedestrians making unsafe decisions.
  • Large Vehicles: Trucks and buses, due to their size and blind spots, might have difficulty seeing pedestrians near them, leading to accidents during turns or lane changes.
  • Aging Population: Older pedestrians may be more vulnerable due to reduced mobility and slower reaction times, making them more susceptible to accidents.

What Damages Can You Recover in a Pedestrian Accident Case?

The amount of compensation you can recover will depend on the facts of your case. Our attorneys can help you determine what damages you can recover and what your case is worth.

Here are some common types of damages that might be pursued in a pedestrian accident case in New York:

  • Medical Expenses: This includes costs related to emergency medical treatment, hospital stays, surgeries, doctor visits, prescription medications, physical therapy, and any other necessary medical care resulting from the accident.
  • Pain and Suffering: Compensation for physical pain, emotional distress, and the negative impact the accident has had on the victim's quality of life.
  • Lost Wages: If the pedestrian is unable to work due to their injuries, they may be entitled to compensation for the income they have lost during their recovery period.
  • Lost Earning Capacity: If the injuries sustained in the accident result in long-term or permanent disabilities that limit the victim's ability to earn income in the future, they may be eligible for compensation to account for this diminished earning capacity.
  • Property Damage: If personal belongings were damaged in the accident (such as clothing, bags, or electronic devices), the victim may seek reimbursement for these items.
  • Wrongful Death Damages: If a pedestrian is fatally injured in the accident, their family members may be able to pursue compensation for funeral expenses, loss of financial support, and emotional distress through a wrongful death claim.
  • Punitive Damages: In cases where the at-fault party's actions were especially reckless or intentional, punitive damages might be awarded to punish the responsible party and deter similar behavior in the future.
It’s important to note that New York follows a “comparative negligence” rule, meaning that the amount of compensation a victim receives can be reduced if they are found to have contributed to the accident in some way.

Frequently Asked Questions

What Steps Should I Take After a Pedestrian Accident?

Following a pedestrian accident, it’s crucial to prioritize your health and safety. Seek medical attention immediately, even if injuries aren’t apparent, as some may have delayed symptoms. Document the scene, including taking photos and noting eyewitness accounts. Collect driver’s information and report the incident to law enforcement for an official record. Finally, contact a pedestrian accident attorney, such as those at Basch Keegan & Spada, to discuss your options and protect your rights.

How Long Do I Have to File a Claim After a Pedestrian Accident in New York?

In New York, the statute of limitations for filing a personal injury claim is typically three years from the date of the accident. However, if the claim involves a government entity, such as if a city maintenance issue contributed to the accident, the timeframe may be shorter, often requiring a notice of claim within 90 days. Prompt action is essential, so it’s advisable to consult with an attorney as soon as possible to navigate these legal deadlines.

What are Common Injuries in Pedestrian Accidents?

Common injuries in pedestrian accidents often include traumatic brain injuries, spinal cord damage, broken bones, internal organ injuries, lacerations, and soft tissue damage. These injuries could vary from mild to life-threatening and frequently result in long-term medical treatment, rehabilitation, and financial strain. Because pedestrians are unprotected, even low-speed collisions with motor vehicles can cause devastating harm.

Contact Our Pedestrian Accident Attorney in Poughkeepsie

If you have been injured in a pedestrian accident, don’t wait to get the legal help you need. At Basch Keegan & Spada, our Poughkeepsie pedestrian accident attorneys are here to stand by your side, protect your rights, and seek the compensation you rightfully deserve. Contact us today to schedule a consultation and take the first step toward justice and recovery.

If you have been injured by a driver while walking the streets of Poughkeepsie, NY? To schedule a free consultation, contact us online or call (845) 338-8884 today to get started with our Poughkeepsie pedestrian accident lawyer.

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