Have you been injured or lost a loved one in a Staten Island pedestrian accident? You may be entitled to financial compensation for your injuries. Before you accept any offer from an insurance company, speak to a knowledgeable Staten Island pedestrian accident lawyer at Rosenbaum & Rosenbaum, P.C.
Accidents stemming from negligent or reckless drivers cause catastrophic injuries and wrongful deaths every day in New York. Following an accident, a personal injury or wrongful death claim can provide compensation for medical care expenses, lost earnings and loss of earning capacity, physical pain, and emotional suffering. This compensation is called “damages.”
Our law firm will help you fight to maximize your financial award. Give us a call to arrange a free consultation to learn more today.
How a Staten Island Personal Injury Lawyer Can Help Following An Accident
Being involved in a pedestrian accident can be life-altering, causing painful injuries, lost earning capacity, and expensive medical bills. An experienced personal injury lawyer who understands what your injuries are worth can fight to get you the maximum compensation you are entitled to.
A good Staten Island personal injury attorney will have a solid understanding of:
- Applicable statutes, such as New York’s statute of limitations
- Applicable traffic laws, such as New York’s crosswalk laws
- Common types of injuries and how they affect people
- Insurance negotiation tactics
- Courtroom rules, regulations, and procedures for civil suits.
Contacting a pedestrian accident attorney promptly following an accident is critical to preserving your legal rights and maximizing the value of your claim. A lawyer can negotiate a fair settlement and prepare your case for trial.
At Rosenbaum & Rosenbaum, P.C., we’ve been fighting on behalf of injured pedestrians for more than 45 years. Our relentless pursuit of financial justice has helped us recover tens of millions of dollars in life-changing settlements and jury awards. We’re ready to put the full force and experience of our law firm behind your case. You just have to give us a call and ask for our help.
It’s that easy.
Where Do Pedestrian Accidents Occur on Staten Island?
Pedestrians are extremely vulnerable when trying to cross wide thoroughfare streets where vehicles travel at higher speeds and aggressively make turns.
We know from a 2015 NYC Pedestrian Safety report, that Staten Island has more than 837 miles of roadway and more than 8,000 intersections. The report identified 17 intersections where pedestrians were killed or severely injured between 2009 and 2013:
- Hylan Blvd & Jefferson Ave
- Manor Rd & Victory Blvd
- Norway Ave & Hylan Blvd & Clove Rd
- Steuben St & Mosel Ave
- Slosson Ave & Windsor Rd
- Hylan Blvd & Allison Ave & Ebbitts St
- Hylan Blvd & Guyon Ave
- Forest Ave & Broadway
- Victory Blvd & Jewett Ave & Watchogue Rd
- Morani St & Richmond Ave & Merrill Ave
- Amboy Rd & Richmond Ave
- Bement Ave & Forest Ave
- Sand Lane & Fr Capodanno Blvd
- Forest Ave & Hart Blvd
- Leverett Ave & Armstrong Ave
- Bay St & Victory Blvd & Central Ave
- Castleton Ave & Bard Ave
Many safety engineering improvements have been implemented at these intersections and others as part of NYC’s Vision Zero, a multi-strategy approach to reducing fatalities for all road users.
Staying Safe As a Pedestrian on Staten Island
It is impossible to prevent some accidents, as anticipating or predicting how and when a driver may be negligent is impossible.
The NHTSA recommends that drivers look out for pedestrians everywhere, at all times. However, this doesn’t happen in reality. In 2018, 6,283 pedestrians died in traffic accidents in the United States.
Pedestrians can do certain things to reduce their chances of being involved in a collision:
- Be predictable
- Never assume a driver sees you
- Don’t be distracted by your phone
- Use sidewalks whenever available
- Wear bright clothing at night
- Be mindful of stop lights and crossing signals
- Don’t walk if you’re impaired or under the influence.
Pedestrians are especially vulnerable to being struck on Staten Island because the borough has the highest vehicle-to-resident ratio of the city. The New York State website is a good resource for more pedestrian safety tips and methods to avoid dangerous behaviors.
What to Do Following a Staten Island Pedestrian Accident
Your actions and statements following an accident can have a huge impact on the amount of compensation you recover for your injuries. The three most important things you must do following an accident are:
- Preserve Evidence / Report the Accident: Record all the details of the accident, witness contact information, and take photographs and videos of the accident scene, vehicle damage, and your injuries. These are all important pieces of evidence that may be needed in your personal injury claim. Call 911 (or have someone call for you) and request that a report be made.
- Get Medical Attention: Go to a hospital or urgent care and see a doctor about your injuries as soon as possible. If your treating doctor orders X-rays or imaging scans like an MRI, get these promptly. Pick up prescriptions and complete recommended follow-up care with therapists or specialists. Your medical visits are an important part of documenting your injuries and your medical record will be evidence to link the accident to your injuries and their financial impact on you. Your claim will be weakened if you put off getting medical care.
- Contact an Experienced Staten Island Pedestrian Accident Lawyer: As soon as possible, talk to a knowledgeable Staten Island pedestrian accident attorney.
If you contact a lawyer promptly, your lawyer can help you avoid catastrophic mistakes that can lessen the value of your claim. You should not provide a recorded statement to the driver’s insurance company, and you should not post on social media about anything following an accident. Ask your lawyer about
Causes of Staten Island Pedestrian Accidents
People are hit by cars every day in New York. According to the State of New York, on average 312 people die each year in car vs. pedestrian accidents, more than 3,000 people are hospitalized due to car accidents involving pedestrians, and 12,500 people visit hospital emergency rooms due to car vs. pedestrian accidents.
Fatality and injury rates were highest for males and adults age 65 and older.
Many accidents are completely preventable. Especially at night, pedestrians wearing dark clothing can be difficult to see, and drivers don’t always look for walkers and joggers.
Common causes of pedestrian accidents on Staten Island:
- Distracted driving
- Failing to stop at or speeding through yellow light
- Driving under the influence
- Failing to spot/see a pedestrian
- Backing up without checking
Pedestrians can also cause accidents if they step or dart into traffic.
Pedestrian distraction accidents are happening at increased rates, with more people using cell phones all the time. The National Safety Council has listed cell phone distracted walking as a category in its report on their unintentional injuries and deaths.
Common Types of Staten Island Pedestrian Accident Injuries
Pedestrians are extremely vulnerable to catastrophic injury or death when they are involved in a collision with another vehicle. While vehicle occupants are protected by the walls of a vehicle, seat belts, airbags, and other safety features, pedestrians are exposed and unprotected. When struck by a car, truck, or motorcycle, a pedestrian may be thrown into the air and my suffer very serious injuries, including:
- Broken bones
- Traumatic brain injuries
- Internal bleeding
- Nerve damage
- Lacerations and bruising
- Torn ligaments
- Amputation injuries.
The severity of injuries will depend on the severity of the collision impact, the age of the victim, the part of the body that was struck, and other factors. Some injuries may be permanently disabling. If a car or truck accident causes a death, surviving family members of the victim may pursue a wrongful death claim.
Who May Be Liable for a Staten Island Pedestrian Accident
If the driver of a vehicle fails to yield and causes an accident, they may be liable for your injuries in a personal injury death. If the accident is fatal, the driver may be liable for your family member’s wrongful death.
Although the driver is very often responsible for an accident, there may be other or multiple liable parties, including:
- The driver’s employer, if the vehicle was a company owned car
- The manufacturer of the vehicle, if a mechanical defect caused the accident
- The government agency responsible for the design of the road or intersection
- Other third parties
If the driver fled the scene of the accident, your own uninsured motorist insurance company may cover you (if you have a vehicle). There is also a state fund called the New York Motor Vehicle Accident Indemnification Corp which can provide minimum benefits. Claims with the MVAIC have minimum timelines, and the vehicle must be reported to the police within 24 hours of the accident.
Time Limits For Following a Pedestrian Accident Lawsuit
In New York, you have three years from the date of an accident to file a personal injury claim. The claim must be “commenced” or started within this time period. If your lawsuit is filed after the deadline passes, the defendant will file a “motion to dismiss” and the court will dismiss your case.
The main exception to this statute is if the injured person is a minor under the age of 18 – in this case, the statutory window will not begin until the person turns 18.
Wrongful death claims must be filed within two years of the date of death.
It is always advisable to begin your personal injury claim as soon as possible. Contacting a lawyer right away after your accident can ensure the statute of limitations is not an issue.
Schedule a Free Consultation with Our Staten Island Pedestrian Accident Lawyers
Contact an experienced Staten Island pedestrian accident lawyer if you or a family member have suffered injuries. At Rosenbaum & Rosenbaum, P.C., if we represent you, we will work tirelessly to recover the maximum compensation you are entitled to.
If a fair settlement cannot be reached, we will take your case to trial. Under our contingency fee arrangement, we will not charge any fees unless we recover any money for you.
Contact us to schedule your free consultation.