Have you been seriously hurt in a car accident as a pedestrian? New York City can be a dangerous place for pedestrians. Goidel & Siegel Injury Lawyers has decades of experience representing injured pedestrians and their families in pursuing fair compensation and holding negligent drivers accountable.
New York City is known for its congested roads and dense population. It is no surprise that pedestrian accidents are so common. Four NYC boroughs have been ranked among the top 20 most dangerous places in the U.S. for pedestrians: Staten Island was the most dangerous in the country followed by the Bronx (2nd), Brooklyn (4th), and Manhattan (6th). Almost 54 out of every 10,000 drivers on Staten Island are cited each year for failing to yield to pedestrians, 11x the national average.
In 2020, almost 6% of all traffic accidents in New York City involved a pedestrian. In 2019, pedestrians accounted for the greatest share of NYC’s traffic deaths. Of the 221 people killed in a motor vehicle accident, 124 were pedestrians followed by 44 motor vehicle occupants and 25 motorcyclists.
Both pedestrians and drivers can be found at fault for pedestrian accidents. A pedestrian may cause or contribute to a crash by crossing outside of crosswalks, especially at night without reflective clothing. They may also be at fault for crossing a street while intoxicated or distracted or disobeying traffic signals.
However, drivers are usually responsible for serious accidents involving a pedestrian. After an accident with serious injury or death, police assign a contributing factor for the collision based on the available information. In 2019, police cited errors by cyclists and pedestrians in less than 5% of fatal accidents. According to a New York Times analysis, common factors in pedestrian crashes include:
The first four factors alone contributed to more than half of accidents that killed a cyclist or pedestrian.
The growing popularity of SUVs in New York City, as well as increased truck traffic, make pedestrian accidents not only more frequent but more likely to cause serious injury or death. There are other factors that can contribute to car-pedestrian collisions including dangerous intersections and poor roadway design and poor visibility.
At Goidel & Siegel, we frequently represent injured pedestrians who have suffered life-changing injuries such as brain injuries, spinal cord injuries, amputation, disfigurement, and fractures. After your accident, you may face significant and ongoing medical needs, an inability to work, a long and painful recovery, and potentially permanent impairment. You have options for recovering the compensation you need and deserve.
New York is a no-fault insurance state. After an accident, parties typically make a claim against their own policy’s personal injury protection (PIP) coverage. As an injured pedestrian, you are entitled to make a claim against the at-fault driver.
The driver’s no-fault policy can pay for your medical expenses regardless of who caused the accident. You have “first party” entitlement to benefits which means you have the same right to coverage as the policyholder.
The driver’s no-fault insurance only offers limited coverage for medical expenses and up to $2,000 per month in lost wages. If you suffered a “serious” injury, the driver’s liability coverage can pay for non-economic losses and other damages.
However, this requires meeting New York’s serious injury threshold and proving the driver was at fault. Most pedestrians suffer injuries that are considered serious in a crash such as a fracture.
If you were injured by an uninsured or hit-and-run driver and you do not have your own auto coverage, you can apply for benefits through New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC).
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