As we move into the time of year where the days get shorter and daylight savings time comes to an end, it is particularly important to take note of factors that jeopardize pedestrian safety. In fact, the U.S. Department of Transportation has declared October as Pedestrian Safety Awareness Month.
Pedestrian accidents a common occurrence. According to the latest data from National Highway Transportation Safety Administration, one pedestrian is killed every 72 minutes in accidents on roads across the United States. In New York State, over 25% of all traffic fatalities were pedestrians.
To help with enhancing awareness of pedestrian safety, attorney Taylor Golba provided answers to some frequently asked questions regarding pedestrian accidents. Continue reading below for Taylor Golba’s answers to important pedestrian accident questions, followed by additional information and tips for pedestrian safety.
It is important for motorists, pedestrians, and municipalities to stay informed, contribute to increasing pedestrian safety, and reduce the number of pedestrian accidents that occur.
Pedestrian Accident FAQs with Taylor Golba
The following are answers that attorney Taylor Golba has provided to some of the most frequently asked questions regarding pedestrian accident.
What should individuals do immediately following a pedestrian accident?
TG: After a pedestrian accident, your first priority must be your safety and health. Immediately move to a safe location away from traffic, if you can, and then call 9-1-1. Seek medical attention right away. It is important to note that shock or adrenaline can mask serious injuries. You will also want to document your injuries and limitations right away.
If you’re able, while at the accident scene, take pictures of the scene, vehicles, and surroundings. Ask witnesses for their contact information. Try to note anything unusual about the area such as poor lighting, missing crosswalks, or distracted driving. These details may be important later.
Once you’re safe and you have been examined by a doctor, reach out to an experienced attorney, so they can pursue time-sensitive evidence, such as surveillance video and witness accounts.
Can the victim of a pedestrian accident file a lawsuit for their injuries?
TG: Yes. A pedestrian injured in a collision may file a claim and/or lawsuit to recover compensation for their personal injuries, medical expenses, lost wages, and pain and suffering. In New York, these claims are typically brought against the driver or other responsible parties whose negligence caused the crash and injuries.
Is there evidence that needs to be gathered to pursue a pedestrian accident lawsuit?
TG: Yes. To pursue a pedestrian accident lawsuit, it is important to gather evidence of both the crash and the resulting injuries. This includes photos or videos of the accident scene, police reports, witness statements, medical records, and proof of lost wages or expenses. Surveillance footage and witness memories can fade quickly. So, the sooner this evidence is collected, the stronger the case will be.
Is there a statute of limitations to file a claim for injuries that were the result of a pedestrian accident?
TG: Yes. There are strict statutes of limitations that determine how long you have to file a lawsuit after a pedestrian accident. In New York, personal injury lawsuits against a private individual or entity must be filed within three years of the accident. However, the deadline to do so can vary depending on the types of persons, entity or entities involved.
There are shorter deadlines for certain claims, such as No-Fault benefit applications (within 30 days) and claims against municipalities, which require a Notice of Claim within 90 days and a lawsuit in a shorter period of time than the usual three years.
How do I know if I should see a doctor following a pedestrian accident?
TG: You should see a doctor immediately after a pedestrian accident if you experience any pain, discomfort, or unusual symptoms. Even seemingly minor injuries can become more serious over time. A medical evaluation not only protects your health but also documents your injuries and limitations, which can be critical evidence if you pursue a personal injury claim.
Many past clients have felt generally sore but “okay” the days following an accident, and then their health declined thereafter. Everybody is different and tolerates pain differently. You will want to consult a doctor who can work with you and address your symptoms.
Why should I contact an attorney following a pedestrian accident?
TG: You should contact an attorney as soon as possible after a pedestrian accident. An experienced lawyer can begin investigating the crash immediately, preserving crucial evidence, such as witness statements and surveillance footage before it disappears. They can also help you file and protect claims, including for No-Fault benefits, ensuring your medical care and lost wages are covered while your case moves forward.
What type of compensation am I entitled to if I am injured in a pedestrian?
TG: Depending on the types of injuries and losses, a victim of a pedestrian accident can be entitled to many different avenues of recovery, including, but not limited to, pain and suffering, loss of enjoyment of life, past and future economic losses, and medical care.
Do I pay for medical costs out-of-pocket while my pedestrian accident case is pending?
TG: You generally should not have to pay medical costs out-of-pocket while your pedestrian accident case is pending and viable. Your attorney can help ensure that bills are submitted to the correct insurance carrier, including the No-Fault carrier, who is responsible for paying medical bills. You should also not pay co-pays. If you do pay for any medical treatment yourself, retain all receipts, as these expenses may be recoverable as part of your claim.
If I was jaywalking or partially at fault, can I still recover damages for my pedestrian accident injuries?
TG: Yes. New York follows a comparative fault system. This means that even if you were partially at fault for a pedestrian accident – for example, “jaywalking” – you may still recover damages for your injuries and damages. Your award will be reduced by your percentage of fault, but will not be automatically barred from recovery.
What happens if the driver that injured me in a pedestrian accident was operation a vehicle for work purposes, such as a delivery truck, rideshare, or government agency vehicle?
TG: You can pursue a claim and lawsuit against the driver and the owner of the vehicle. Under New York State law, the owner of the vehicle being driven by the offending party and their employer are responsible and liable for the actions of the driver. In turn, that entity would be responsible for your injuries and damages from the crash.
Pedestrian Safety Tips
The following are some recommendations on how pedestrians can increase safety as well as common dangers to be aware of on the roadways.
Tips for Pedestrians
- Adhere to all pedestrian traffic signals
- Use crosswalks when crossing the street
- Wear clothing that is bright colored and/or reflective
- Have a flashlight with you when walking or running in the dark
- Do not use your phone or other portable devices that will distract you while walking
Common Causes of Pedestrian Accident to Be Aware Of
Both drivers and pedestrians should be aware of some of the common factors that contribute to pedestrian accidents. According to the National Highway Safety Administration, some of the most common causes of pedestrian accidents are:
- Traveling a nighttime
- Pedestrians traveling in non-intersections
- Alcohol Impairment
- Hit and run
- Vehicles operated at high speeds
- Phone use while driving
Pedestrian Accidents and Injuries
The following are common types of pedestrian accidents as well as common injuries pedestrians may suffer.
Common Types of Pedestrian Accident Injuries:
- Head and Brain Injuries: concussions, skull fractures, traumatic brain injury
- Spinal Cord Injuries: herniated disc, fractured vertebrae, paralysis
- Bone Fractures: legs, arms, ribs, pelvis, collarbone
- Internal Injuries: internal bleeding, damage to organs
- Soft Tissue Injuries: bruises, lacerations, sprains, torn ligaments
- Lower Extremity Injuries: leg fractures, knee fractures, ligament tears, crushed feet
- Chest and Abdominal Injuries: broken ribs, punctured lungs, cardiac contusion
- Psychological Injuries: PTSD, anxiety, depression, roadway phobias
Common Types of Crashes Between Pedestrians and Cars:
The following information, which is provided by the NHTSA, details common types of accidents that occur between pedestrians and vehicles on the road.
- Vehicle Makes a Turn at an Intersection: A vehicle turns (right or left) or merges into the path of a pedestrian without yielding.
- Pedestrian Darts/Steps Out: A pedestrian runs or walks out into the roadway in an unmarked area in the middle of the block (not at a crosswalk or intersection).
- Pedestrian Walking or Jogging Along the Road: A pedestrian walking or jogging in the road in the same direction as traffic cannot see a vehicle approaching them from behind.
- Backing Vehicle: A driver fails to look for or see traffic when backing from a driveway, private road or parking lot.
- Pedestrian Crossing Against Signal: A pedestrian fails to obey the “Don’t Walk” signal or look for traffic before stepping off the curb.
- Pedestrian Trapped: A pedestrian is in the crosswalk when the traffic signals change and a car fails to yield to the pedestrian already in the crosswalk.
- Multiple Threat: A car stops for a pedestrian in the crosswalk. A second car approaches, but the driver’s view of the pedestrian is obstructed by another vehicle.
- Commercial Bus Related: A pedestrian is crossing after exiting a commercial bus that is stopped at a marked bus stop.
For More Information
If you would like more information on pedestrian safety, or you have a question regarding a pedestrian accident, click here to contact attorney Taylor Golba.
This blog post is for informational purpose only and does not purport to be legal advice.
