Pedestrians are vulnerable to serious injuries if they are hit by a motor vehicle. Their lack of protection against a multiple-ton vehicle that strikes them at a considerable speed is the main factor of fatalities when we find this type of accident in the city.
Most of the time, pedestrian survivors from transit accidents will receive catastrophic injuries that will keep them out of their daily activities and cause extreme pain to them and their families.
The consequences of their injuries can be long-term, and it is simply not fair to get our lives changed by an accident that wasn't our fault. If you or someone in your family got run over by a motor vehicle where the driver was acting negligent, you may be entitled to receive compensation for your losses.
Our Yonkers pedestrian accident lawyers can help you receive compensation for your medical attention, lost wages, and more. Let us help you because we understand how hard it can be to be in extreme pain and nobody backing up.
Types of Pedestrian Accidents
Pedestrian accidents can occur in various settings and circumstances, each with unique challenges and implications. The authorities have been working on reducing the possibility of Yonkers pedestrian accidents at places where they are common.
The first step to trying to reduce pedestrian accidents is to understand the specifications of each type of accident; let's dive into it.
Crosswalks are designed to provide a safe passage for pedestrians, but unfortunately, accidents can still happen. These accidents often occur when drivers fail to yield the right-of-way to pedestrians in marked crosswalks.
In such cases, pedestrians have the legal right to expect safe passage, and drivers can be held liable for their negligence.
Hit and Run Accidents
Hit-and-run accidents are distressingly common in Yonkers and throughout New York. In these incidents, a driver involved in an accident with a pedestrian leaves the scene without stopping to identify themselves or offer assistance.
Hit-and-run accidents can complicate matters, but victims may still have legal options for seeking compensation, such as utilizing the Motor Vehicle Accident Indemnification Corporation (MVAIC) if the at-fault driver is unidentified or uninsured.
School Zone Accidents
School zones are meant to be safe areas for children, but accidents can occur due to speeding, distracted, or reckless drivers. When children are involved in pedestrian accidents, the consequences can be especially devastating. Drivers must exercise extreme caution in school zones and adhere to reduced speed limits.
Accidents at Intersections
Intersections are high-risk areas for pedestrian accidents. These incidents often result from drivers running red lights or failing to yield the right-of-way when making turns.
Pedestrians should always be vigilant when crossing at intersections, but drivers must also exercise care and follow traffic signals to prevent accidents.
Common Causes of Pedestrian Accidents
Being aware of the common causes will make us understand what actions we are engaging in that are endangering others. Most people do not want to hurt anyone. However, by attempting their daily routine, they may not be aware of how dangerous it is to do something they do as if it were a natural thing.
Distracted driving, often involving activities like texting, talking on the phone, or using in-car entertainment systems, is a leading cause of pedestrian accidents. When drivers divert their attention from the road, they may fail to notice pedestrians in crosswalks or on sidewalks, leading to collisions.
It is an obligation that drivers pay full attention to the road. They have a duty of care to fulfill, and engaging in any of these activities that divert their attention may cause terrible outcomes like a pedestrian accident.
Excessive speed significantly reduces a driver's reaction time and ability to stop in time to avoid a collision. Speeding is a major contributing factor to pedestrian accidents, as it leaves little margin for error, especially in urban areas like Yonkers.
Accidents when the car is riding at a high speed and then hit a pedestrian is more likely to end up in a fatality. Drivers must show more empathy when they get up to their vehicles.
Hitting a pedestrian with your car can carry deadly consequences.
Drivers have a legal obligation to yield the right-of-way to pedestrians at crosswalks and intersections. Failing to yield is a common cause of pedestrian accidents, often resulting in serious injuries or fatalities. Pedestrians have the right to expect safe passage when following traffic rules.
One of the things that are taught in driving school is to respect the pedestrian. They are king in intersections and crosswalks. It does not matter if it is only one person trying to cross, if they are in a crosswalk, you must stop and let them pass.
Driving under the influence of alcohol or drugs impairs a driver's judgment, coordination, and reaction time. Drunk drivers are more likely to be involved in accidents, including those with pedestrians, due to their impaired state.
Drunk drivers are extremely dangerous on the roads. They are a living hazard. If a drunk driver causes an accident and a pedestrian is found dead or seriously injured, they may also face criminal charges.
There can be the possibility that the accident is not caused by negligence directly from the motor vehicle driver. Neglected or poorly maintained roadways can also contribute to pedestrian accidents.
Potholes, uneven surfaces, and inadequate lighting can make it difficult for both drivers and pedestrians to navigate safely, increasing the risk of accidents. These conditions can cause the car to lose control and hit a pedestrian on a sidewalk.
Preventing pedestrian accidents in Yonkers requires a joint effort from both drivers and pedestrians. Drivers must remain attentive, follow speed limits, and avoid driving under the influence. Pedestrians should always use crosswalks, obey traffic signals, and stay vigilant when crossing streets.
In the unfortunate event of a pedestrian accident, it's crucial for victims to seek immediate medical attention and gather evidence if possible. This evidence can be essential when pursuing a personal injury claim to recover damages for medical expenses, lost wages, pain and suffering, and other losses.
Common Injuries in Pedestrian Accidents
As we mentioned before, a Yonkers pedestrian accident can be deadly when there is a factor of speed; however, even if the driver is not going too fast, pedestrians can still sustain injuries that can cause severe damage.
Sometimes the way they land over the road is the factor that hurts them more than the impact of the vehicle. Let’s review some of the most common injuries found in pedestrian accidents.
Traumatic Brain Injuries
A pedestrian who is run over and hits their head against the windshield of a car suffers a hard and considerable strike that can cause the brain to smash multiple times inside the skull, causing a traumatic brain injury.
TBI can vary in severity, ranging from mild to severe, and the symptoms and long-term effects can also differ widely. Common causes of traumatic brain injuries include car accidents, falls, sports-related injuries, and assaults.
Mild TBI, often referred to as a concussion, may result in temporary symptoms such as headaches, dizziness, confusion, and memory problems. Moderate to severe TBI can lead to more serious and long-lasting effects, including cognitive impairments, changes in behavior, emotional disturbances, and physical disabilities. In some cases, TBI can be life-threatening.
Treatment for traumatic brain injuries depends on the severity of the injury and may include medical interventions, rehabilitation, physical therapy, occupational therapy, and cognitive therapy. Early and appropriate medical care is essential to minimize the potential long-term consequences of TBI.
Broken Bones and Fractures
Usually, the first strike that the pedestrian gets from a motor vehicle, depending on which part of their body receives the impact, can cause a fracture on their bones. When they fall to the street, their way on how they land can also break their bones.
Pedestrians can sustain fractures in different bones, including the arms, legs, pelvis, spine, ribs, and facial bones. The severity and treatment of the fracture depend on the location and nature of the break.
Common types of fractures include:
- Simple Fractures: These involve a clean break in the bone, often requiring immobilization with a cast or splint.
- Compound Fractures: In these cases, the broken bone protrudes through the skin, posing a higher risk of infection and requiring immediate medical attention.
- Comminuted Fractures: These fractures result in the bone breaking into multiple pieces and may require surgical intervention to realign and stabilize
Spinal Cord Injuries
Spinal cord injuries (SCIs) are serious and often life-altering injuries that occur when there is damage to the spinal cord, a crucial part of the central nervous system. These injuries can have profound and lasting effects on a person's physical, sensory, and motor functions.
SCIs are classified into two main categories: complete and incomplete.
Complete SCI: In this type, there is a total loss of sensory and motor function below the level of the injury.
Incomplete SCI: Here, some sensory or motor function remains below the level of the injury.
The severity and location of the injury determine the specific effects on the individual. Injuries higher up on the spinal cord tend to result in more extensive loss of function.
Cuts and Lacerations
Another common injury that can be found in a pedestrian accident and can range from minor wounds that require simple first aid to severe lacerations that demand immediate medical attention. These injuries often occur when a pedestrian comes into contact with a vehicle, road debris, or other objects during an accident.
Types of Cuts and Lacerations
- Abrasions: These are superficial cuts or scrapes that typically affect the top layer of skin. They are common in pedestrian accidents when the skin rubs against rough surfaces like asphalt or gravel.
- Incisions: Incisions are clean, straight cuts and are often deeper than abrasions. They can result from contact with sharp objects or vehicle parts.
- Lacerations: Lacerations are jagged, irregular wounds with torn tissue edges. They can be deep and may require sutures or surgical intervention.
- Puncture Wounds: These occur when a pointed object penetrates the skin and underlying tissues. Puncture wounds can be prone to infection.
Emotional and Psychological Trauma
When a person suffers a pedestrian accident, the psychological impact can also be severed. They can develop an irrational fear of motor vehicles and be depressed by the fact they got injured in the accident.
If they were with another person who also was struck in the accident and lost their life, it is possible that this victim guilts him/herself for the accident, leading to depression or even suicidal thoughts.
Emotional trauma is a real thing and a very delicate matter that needs to be adequately addressed by a health professional.
What to Do After a Pedestrian Accident?
Being involved in a pedestrian accident can be a traumatic and disorienting experience. In the chaos that follows, it's essential to know the crucial steps to take to protect your health, rights, and potential legal claims. Here's what you should do if you are hit by a motor vehicle as a pedestrian in Yonkers, New York:
1. Seeking Immediate Medical Care:
Your health and well-being should be your top priority. If you are conscious and able to move, seek immediate medical attention, even if your injuries seem minor.
Keep in mind that some injuries may not manifest symptoms right away, so it's essential to be thoroughly examined by a healthcare professional.
Following medical advice and attending all necessary appointments is crucial to your recovery and establishing a medical record of your injuries.
2. Reporting the Accident to Authorities:
Contact the Yonkers Police Department or the appropriate law enforcement agency to report the accident. An official accident report will document the details of the incident, which can be valuable for insurance claims and legal proceedings.
Cooperate with the responding officers and provide them with accurate information about the accident.
3. Documenting the Scene and Injuries:
If you are physically able to do so, gather evidence from the scene. This may include taking photographs of the accident site, your injuries, and any vehicle involved.
Collect contact information from witnesses who can provide statements about what they saw.
Preserve any physical evidence, such as torn clothing or damaged personal belongings.
4. Contacting a Pedestrian Accident Lawyer:
After seeking medical care and reporting the accident, consulting with an experienced pedestrian accident lawyer in Yonkers is advisable.
An attorney can help protect your rights and guide you through the legal process. They will investigate the accident, gather evidence, and negotiate with insurance companies on your behalf.
If the accident resulted from a driver's negligence, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. An attorney will help you pursue a personal injury claim if applicable.
In the aftermath of a pedestrian accident, emotions can run high, and it's easy to feel overwhelmed. Following these steps can help ensure your immediate safety, create a record of the incident, and provide a foundation for any potential legal claims.
Seeking the assistance of an experienced pedestrian accident attorney in Yonkers can significantly enhance your chances of obtaining the compensation you deserve and navigating the complexities of New York personal injury law.
New York State Laws on Pedestrian Accidents
New York is known as a “No-Fault” state, which means that when there is a traffic accident, our insurance companies are the first place to look after compensation.
The car insurance is designed to provide the policyholder with coverage if needed. However, this coverage is often limited and specifically for some expenses.
If you don’t have insurance and are hit by a car, you may receive assistance from the insurance company of someone who lives in your household and does have car insurance. Afterward, the insurance of the driver who hit you can also assist, but you may need to file a claim.
Another law involved in such cases is the Comparative Negligence Law which provides fairness when there is a transit accident. Even if you were partially at fault for the accident, you may still file a claim to get compensation. However, you may receive a reduced compensation based on the percentage of liability you may have.
There is also the statute of limitation which is a rule that states the time limit of a transit accident victim to file a personal injury lawsuit to an at-fault party in order to get compensation for their losses.
It is generally three years but can be less than that on certain occasions. It is imperative for you to seek legal advice from a Yonkers pedestrian accident lawyer to assist you in your case.
Yonkers Pedestrian Accident Attorneys
The Ward Law Group P.L. is proud to serve with our exceptional, high-level representation to those in need. Being hit by a motor vehicle as a pedestrian can cause severe and life-threatening injuries, and it is not fair to live with the consequences when someone else acts negligently.
We are advocates for unfortunate people. We are mainly focused on helping the Hispanic community, which, most of the time, is vulnerable to getting lowball offers that will leave them with massive. Call debt for an accident not caused by them.
Over 12 years, we have helped thousands of people get fair compensation to cover their present and future expenses. Don’t hesitate to contact us about your case. Call us at 855-DOLOR-55, and one of our pedestrian accident lawyers will answer all your questions.