Hurt in a Pedestrian Accident?
The Centers for Disease Control and Prevention (CDC) estimates that every 88 minutes, a pedestrian is killed in a traffic accident. According to the most recent data available, “an estimated 137,000 pedestrians were treated in emergency departments for nonfatal crash-related injuries.” The statistics are staggering. In some cases, it is more dangerous to be a pedestrian than a passenger in a car.
If you are injured in a pedestrian accident, you deserve an attorney who will fight hard to get you the maximum recovery available in your case. Our White Plains Pedestrian Accident Lawyers know that medical treatments can add up quickly after an injury. We have recovered millions on behalf of injury victims, standing up for their rights, and demanding justice. If you have been injured in a pedestrian accident, contact Denlea & Carton today for a free consultation. We handle all cases on a contingency fee basis, meaning there is no fee unless we win.
Call (914) 368-7168 or fill out our online contact form to discuss your case with an attorney. We proudly serve Westchester County and the surrounding communities.
Common Causes of White Plains Pedestrian Accidents
Tragically, pedestrian accidents can occur at any time of the day, but they are common at night. According to the CDC, children and adults over the age of 65 were the most common victims of pedestrian accidents. While there could be multiple causes that contribute to a pedestrian accident, some of the most common risk factors include:
- Driver inattention
- Failure to stop at a red light or stop sign
- Driving Under the Influence of Alcohol or Drugs
- Speeding
- Failure to yield to pedestrians at a crosswalk
A driver’s negligence or inattention causes the majority of pedestrian accidents. Even when a pedestrian follows all safety tips such as crossing only at a designated crosswalk or intersection, wearing reflective clothing at night, and observing traffic signals, they may still be at risk. If a negligent driver hits you, you may be entitled to compensation. Contact our office to speak with a White Plains pedestrian accident lawyer today.
The New York State Department of Health (NYSDOH) estimates that Westchester County pedestrians injured in a motor vehicle crash had average hospital charges of over $90,000 in 2014. When alcohol and speed were a contributing factor, they were more likely to result in serious injuries and have “some of the highest hospitalization charges among those injured in a motor vehicle crash.” Crashes, where alcohol and speed were involved, were also more likely to result in traumatic brain injuries.
In total, according to the NYSDOH, motor vehicle traffic injuries resulted in over $50 million in hospitalization and emergency department (ED) costs. If you are a pedestrian injured in a motor vehicle crash, the emotional and financial burden can be overwhelming. You may be unable to work or obtain gainful employment. You need a White Plains pedestrian accident lawyer who can help you recover the most money for your injuries.
Types of Injuries related to White Plains Pedestrian Accidents
When a car strikes a pedestrian, even at a slow speed, there can be catastrophic results. Injuries from pedestrian accidents are generally severe, requiring emergency medical treatment. Common injuries resulting from pedestrian accidents include:
- Traumatic brain injury (TBI)
- Broken bones
- Spinal cord injuries
- Internal bleeding
- Knee and leg injuries
- Hip dislocations
Sadly, many pedestrian accidents prove fatal. The National Highway Traffic Safety Administration (NHTSA) notes that there was a “more than 3% increase in the number of pedestrians killed in traffic crashes” during the most recent year reported. In 2018, there were 6,283 pedestrian fatalities, the most on record since 1990. Despite efforts to make communities more walkable, pedestrians continue to be at risk from careless and aggressive drivers.
As reported by NHTSA, pedestrians include someone walking on the side of the street, running along a path, sitting near a roadway, or laying down after a motor vehicle accident. As a pedestrian, you are incredibly vulnerable to serious injury from a traffic accident. A slow speed sudden impact could do life-long, irreparable damage.
While pedestrian accidents can happen at any time of day, they are most common at night. Studies conducted by NHTSA indicated that as many as 75% of pedestrian fatalities occur in the dark and most occurred somewhere other than an intersection. People were substantially more likely to be involved in a fatal pedestrian accident in an urban environment compared to a rural one, and most are the result of single-vehicle crashes.
Even if you believe you were partially at fault for the accident, you might still be entitled to recovery. Do not wait until it is too late to bring a claim. Get your case started today.
What to do first if you have been involved in a Pedestrian Accident
The first thing you should always do if you are injured in an accident is to seek medical treatment. Immediately after a traumatic event, your body may be in shock, and you may be unable to determine the full extent of your injuries. If you are struck by a vehicle, you may have internal bleeding or a head injury. Always seek emergency treatment first for yourself and anyone involved in the accident.
Law enforcement will conduct a collision investigation, but if you are able, you should get as much information about the driver and any witnesses as possible to provide to your attorney. Do not make statements to any other involved parties. Unfortunately, a high number of pedestrian accidents involve hit-and-run drivers. NHTSA estimates that nearly one in five fatal pedestrian accidents involve a hit-and-run driver. If the driver left the scene of the accident, see if any witnesses could identify the make or model of the vehicle or a description of the driver.
You should always consult with an experienced personal injury attorney prior to accepting any insurance company settlement. Insurance agents will not have your best interest at heart. They will try to get you to settle for the least amount of money possible, as quickly as possible. A knowledgeable White Plains Personal Injury Attorney can help you determine the maximum compensation in your case and how to file a cause of action against any liable parties. If you have been hurt in a pedestrian accident, do not sign anything until you have discussed your case with an attorney. You may be signing away your rights to additional compensation for your injuries. Contact our office immediately for representation.
How long do I have to File a Claim?
Under New York Civil Practice Law & Rules (CPLR) Section 214, a person has three (3) years to bring a claim to recover damages for personal injury. If a pedestrian is killed in a traffic accident, their personal representative may bring a claim for wrongful death within two (2) years of their death pursuant to Section 5-4.1 of New York’s Estates, Powers & Trusts (EPT) law.
It is important to act quickly after an accident to protect your rights to recovery. Failure to bring a suit within the statute of limitations may bar your right to compensation for your injuries.
What if I am at fault for the accident?
You should never admit fault or make any statements regarding fault without discussing your case with a White Plains pedestrian accident lawyer first. It is not your job to determine who was responsible for the accident. In many cases, there may be several contributing factors to the accident. If you are partially at fault for your injuries, you may still be able to recover under New York law.
According to Section 1411 of the Civil Practice Law & Rules, a plaintiff’s contributory negligence or assumption of the risk does not bar their right to recovery. In other words, you may still be able to bring a claim for damages even if you were partially responsible for the accident. The amount of damages, however, may be diminished according to your “culpable conduct.” For example, if it is determined that the driver of the vehicle was 70% at fault, and you were 30% at fault, your total recovery may be reduced by 30%.
Hiring a Leading White Plains Pedestrian Accident Lawyer
If you are injured in a pedestrian accident, you need to act fast to preserve your rights and protect your recovery. At Denlea & Carton, we have represented injury victims for over 35 years, ensuring that our clients get the recovery they need to get their lives back on track. We are committed to our community and helping those injured by negligent or wrongful parties.
Contact Denlea & Carton today at (914) 368-7168 for a free consultation. You don’t pay unless we win. Call today to speak directly to an experienced attorney.
