Name: Pedestrian Accidents
Brand: The Law Offices of Michael S. Lamonsoff
Rating: 4.8 (495 reviews)

Taking on Insurance Companies for Maximum Damages

Pedestrian accidents are a serious concern in densely populated areas like New York City. The city's high population density, heavy traffic, and negligent driving behavior of motorists contribute to the occurrence of pedestrian accidents.

If you or a loved one has been injured in a pedestrian accident in New York, you don't have to face the aftermath alone. Seasoned pedestrian accident lawyer in New York, Michael S. Lamonsoff, “The Bull,” is here to fight for your rights and pursue the highest compensation for your injuries and losses. With our in-depth knowledge of New York pedestrian laws and a formidable record of recovering over $500 million in settlements and verdicts for injured New Yorkers, we are strongly positioned to take on powerful insurance companies on your behalf for maximum damages.

When to Call a Lawyer After Being Injured as a Pedestrian in New York City?

If you have been injured as a pedestrian in New York City, knowing when to call a lawyer can impact the outcome of your case. Here are the key moments when you should consider contacting a pedestrian accident attorney in NYC:

First Priority After the Accident

Proper Medical Attention: Your health and safety are the top priorities. Seek immediate medical attention for any injuries, no matter how minor they may seem. Prompt medical care not only ensures your well-being but also creates a medical record of your injuries, which can be crucial for your case.
Document the Scene: If you are physically able, document the accident scene by taking photos and gathering contact information from witnesses. This evidence can be invaluable later on.

When Dealing with Insurance Companies

Insurance Company Contact: After the accident, you may be contacted by insurance companies. Be prepared to speak with an attorney before giving any statements or signing any documents. Insurance adjusters may try to minimize your claim or offer a quick settlement that doesn’t cover your full expenses. A lawyer can handle all communications with insurance companies on your behalf.

Complex Liability Issues

Disputed Liability: If there is any dispute over who was at fault for the accident, you need a skilled NYC pedestrian accident lawyer to advocate for your interests. Proving liability can be complex, especially in a busy metropolis like New York, where multiple factors and parties may be involved.

Government Agency Involvement

Accidents Involving Government Entities: If your injury involves a city bus, public transportation, or any government vehicle, special rules and shorter deadlines apply. You must file a Notice of Claim within 90 days of the accident. A lawyer experienced in handling claims against government entities can ensure you meet these critical deadlines. The moment you sign up with the Law Offices of Michael S. Lamonsoff after your accident, our New York pedestrian accident attorneys will move swiftly to secure all possible evidence in order to build a strong case and establish the liability of the defendants. Delays can result in the loss of critical evidence and witness availability, which can weaken your injury claim.

Frequency of Pedestrian Accidents in New York

Pedestrian accidents are a major public safety concern in New York City, where the high density of both vehicle and foot traffic contributes to a large number of accidents each year. The high incidence of these accidents highlights the need for ongoing safety improvements and awareness initiatives.

Annual Pedestrian Accident Trends in NY

From 2014 to 2018, New York City experienced an annual average of around 10,000 pedestrian injuries and approximately 100 pedestrian fatalities. These statistics highlight the ongoing risks pedestrians face in the city despite initiatives like Vision Zero aimed at reducing traffic-related injuries and deaths (Chopra & Nocerino) (NYC Open Data).

A report from the Governors Highway Safety Association (GHSA) revealed that in 2021 in New York State, approximately 300 pedestrians were killed, with a significant number of these fatalities occurring in New York City. (GHSA)

Impact of the Pandemic

The COVID-19 pandemic led to significant shifts in traffic patterns during 2020 and 2021, including a temporary reduction in traffic volume. Despite this, pedestrian fatalities continued to be a serious issue, indicating that pedestrian safety needs sustained attention regardless of traffic volume changes. (NHTSA | Traffic Safety Facts)

High-Risk Areas

Certain areas in New York City are identified as particularly dangerous for pedestrians. For example, intersections like Queens Boulevard and Grand Concourse have been notorious for high pedestrian accident rates.

Age and Demographic Data

Data shows that elderly pedestrians are disproportionately affected by traffic accidents. In 2019, the NYC DOT reported that pedestrians aged 65 and older represented approximately 45% of pedestrian fatalities despite comprising only about 14% of the city's population.

Time and Conditions

The majority of pedestrian accidents tend to occur during the evening and night hours when visibility is reduced. Adverse weather conditions, such as rain and snow, further contribute to increased accident rates. (NHTSA Traffic Safety Facts 2022)

Statute of Limitations for Pedestrian Injury Claims in New York

When a pedestrian is injured in an accident in New York, it is vital to be aware of the statute of limitations for filing a personal injury claim. The statute of limitations is the legal time limit within which a lawsuit must be filed. Failing to file within this time frame can result in the loss of the right to seek compensation for injuries. Here’s an overview of the statute of limitations from our pedestrian injury lawyers in New York:

General Personal Injury Claims

In New York, the statute of limitations for filing a personal injury claim, including pedestrian injury claims, is generally three years from the date of the accident. This means that an injured pedestrian has three years from the date of the accident to file a lawsuit against the responsible party. This time frame applies to claims for damages such as medical expenses, lost wages, pain and suffering, and other related costs.

Claims Against Municipalities and Government Entities

If the pedestrian accident involves a government entity, such as the City of New York or a public transportation authority, different rules apply. In such cases, the injured party must file a Notice of Claim within 90 days of the accident. This notice informs the government entity of the intention to file a lawsuit. After filing the Notice of Claim, the injured party has one year and 90 days from the date of the accident to file the lawsuit.

Wrongful Death Claims

If the pedestrian accident results in death, the statute of limitations for filing a wrongful death claim is two years from the date of the death. This type of claim is brought by the personal representative of the deceased's estate. It seeks compensation for the beneficiaries of the deceased, including funeral expenses, loss of support, and other damages.

Exceptions and Special Circumstances

There are certain circumstances that can alter the statute of limitations. For example:

Minors: If the injured pedestrian is a minor, the statute of limitations is extended. The three-year period does not begin until the minor turns 18. Therefore, they have until their 21st birthday to file a personal injury claim.
Discovery Rule: In rare cases where the injury or its cause was not immediately apparent, the statute of limitations may begin from the date the injury was discovered or reasonably should have been discovered.

Common Causes of Pedestrian Accidents in NYC

Pedestrian accidents in New York City result from a complex interplay of factors involving both drivers and pedestrians. Addressing these common causes requires concerted efforts from city planners, law enforcement, and the public. If you or a loved one has been injured in a pedestrian accident, New York City pedestrian injury attorney Michael Lamonsoff, "The Bull," will find the evidence to prove the negligent driver's liability and recover the largest possible compensation for your injuries and losses.

Key causes of pedestrian accidents in NYC include:

Distracted Driving

Drivers using cell phones, eating, or engaging in other activities that take their attention away from the road constitute a major cause of pedestrian accidents. Even a momentary lapse in attention can result in a tragic accident, especially in a city as busy as New York.

Speeding

Excessive speed reduces a driver's reaction time and increases the severity of accidents. In densely populated areas, speeding drivers pose a significant risk to pedestrians who may not have enough time to react to an approaching vehicle.

Failure to Yield Right-of-Way

Many pedestrian accidents occur when drivers fail to yield the right-of-way to pedestrians at crosswalks and intersections. This is especially dangerous at unmarked crosswalks where drivers might not expect pedestrians to cross.

Turning Vehicles

Left turns at intersections are particularly hazardous for pedestrians. Drivers may focus on oncoming traffic and fail to notice pedestrians crossing the street. Right turns on red lights can also be dangerous when drivers do not fully stop and look for pedestrians.

Impaired Driving

Driving under the influence of alcohol or drugs significantly impairs a driver’s ability to operate a vehicle safely. Impaired drivers are more likely to engage in risky behaviors, increasing the likelihood of pedestrian accidents.

Jaywalking

While drivers are often at fault, pedestrians who cross streets outside of designated crosswalks or against traffic signals can also contribute to accidents. Jaywalking can catch drivers off guard, especially in high-traffic areas.

Poor Visibility

Accidents frequently occur during low-light conditions, such as at night or in inclement weather. Poor street lighting, heavy rain, fog, and other visibility-reducing factors can make it difficult for drivers to see pedestrians.

Inadequate Infrastructure

Areas with poor pedestrian infrastructure, such as a lack of crosswalks, pedestrian signals, or sidewalks, can increase the risk of accidents. Construction zones and poorly maintained roads also pose hazards to pedestrians.

Aggressive Driving

Aggressive behaviors such as tailgating, weaving through traffic, and running red lights can endanger pedestrians. Aggressive drivers are less likely to yield to pedestrians and more likely to cause accidents.

Dooring Incidents

In areas with heavy bike and pedestrian traffic, dooring incidents—where a driver or passenger opens a car door into the path of an oncoming pedestrian or cyclist—can cause serious injuries.

Bicyclist Collisions

Pedestrians can also be injured in collisions with bicyclists, especially in areas where bike lanes and pedestrian walkways intersect. Both cyclists and pedestrians need to be aware of each other and follow traffic rules.

Public Transportation

Buses and taxis can pose risks to pedestrians, particularly at bus stops and taxi stands where there is frequent loading and unloading. Pedestrians may step into traffic unexpectedly, or drivers may not see them while maneuvering.

Construction Zones

Construction sites often create temporary changes in pedestrian routes, which can be confusing and hazardous. Inadequate signage and barriers can lead to pedestrians walking in unsafe areas.

Laws to Protect the Rights of Pedestrians in New York

Pedestrian safety is a critical concern in New York, a bustling state known for its dense urban areas and heavy foot traffic. To ensure the safety and rights of pedestrians, New York has implemented a series of laws and regulations. These laws are designed to protect pedestrians from accidents and injuries, provide guidelines for drivers and pedestrians, and outline the legal recourse available in case of accidents. Here’s an in-depth look at the specific laws from our pedestrian accident attorneys in New York.

Right-of-Way Laws

Crosswalks and Intersections: New York law mandates that drivers must yield the right-of-way to pedestrians crossing the street within a marked crosswalk or at an intersection with traffic signals. This is crucial in preventing accidents in busy urban areas where foot traffic is high.
Unmarked Crosswalks: Even at intersections without marked crosswalks, drivers must yield to pedestrians. This ensures that pedestrians have safe passage across streets, even in the absence of clear markings.

Sidewalk and Roadway Use Laws

Sidewalks: Pedestrians are required to use sidewalks whenever they are available. Walking on the roadway when a sidewalk is present can lead to dangerous situations, and this law helps minimize the risk of pedestrian accidents.
Roadway Walking: If no sidewalk is available, pedestrians should walk on the left side of the roadway, facing oncoming traffic. This allows pedestrians to see approaching vehicles and take evasive action if necessary.

Traffic Signal Compliance

Pedestrian Signals: Pedestrians must comply with pedestrian control signals. When the “Walk” signal is illuminated, pedestrians have the right to cross the street. Conversely, when the “Don’t Walk” signal or the red hand is displayed, pedestrians must wait.
Traffic Signals: At intersections with standard traffic lights but no pedestrian signals, pedestrians should follow the signals intended for vehicles. Crossing on a green light is allowed, but pedestrians should still exercise caution.

School Zones and Safety Laws

School Crossings: In school zones, drivers must exercise extreme caution and yield to pedestrians at crosswalks. This is especially important during school hours when children are arriving or leaving school.
Speed Limits: Reduced speed limits in school zones are strictly enforced to protect young pedestrians. Drivers must adhere to these limits to ensure the safety of children crossing the streets.

No-Fault Insurance Laws

No-Fault Insurance: New York’s no-fault insurance laws apply to pedestrian accidents. This means that if a pedestrian is hit by a vehicle, the driver's insurance must cover the pedestrian’s medical expenses and lost wages, regardless of who was at fault.

Legal Recourse for Pedestrian Accidents

Personal Injury Claims: Pedestrians who are injured due to a driver’s negligence have the right to file a personal injury claim. This can include seeking compensation for medical expenses, lost wages, pain and suffering, and other damages.
Wrongful Death Claims: In tragic cases where a pedestrian is killed in an accident, the family of the deceased can file a wrongful death claim against the responsible driver. This legal action seeks compensation for the loss of life, funeral expenses, and the emotional and financial impact on the family.

Municipal Liability

Public Infrastructure: Municipalities are responsible for maintaining sidewalks, crosswalks, and other pedestrian infrastructure. If an accident occurs due to poorly maintained public property, the local government may be held liable.
Timely Repairs: Laws require municipalities to address hazards like broken sidewalks, inadequate lighting, and other dangers in a timely manner to ensure pedestrian safety.

Pedestrian Safety Initiatives

Vision Zero: New York City has implemented the Vision Zero initiative, aiming to eliminate all traffic fatalities and severe injuries. This comprehensive plan includes street redesigns, stricter traffic law enforcement, and public awareness campaigns to protect pedestrians.
Speed Cameras: The use of speed cameras in school zones and other high-risk areas helps enforce speed limits and deter dangerous driving behaviors that put pedestrians at risk.

Over $500 million in verdicts & settlements for our clients

His clients call Michael Lamonsoff “The Bull” because he never stops fighting for them. Thanks to “The Bull” and his team of top-rated personal injury lawyers in NYC, the Law Offices of Michael S. Lamonsoff, PLLC., is consistently rated as one of the top personal injury law firms in the city.

$4,000,000 Awarded to Families of Flight 587 Victims

$16,000,000 Verdict Awarded to a Victim of Sexual Abuse

$12,157,000 Settlement in a Train Derailment Case

How Speeding Increases the Severity of Pedestrian Accident Injuries in New York

Speeding is a key factor in pedestrian accidents, dramatically increasing the severity of injuries sustained. In a bustling city like New York, where pedestrian traffic is high and streets are often congested, the dangers of speeding are magnified. Here’s how speeding exacerbates pedestrian accident injuries:

Higher Impact Force: The severity of an accident is directly proportional to the speed of the vehicle involved. At higher speeds, the force of impact is exponentially greater, leading to more severe injuries. For instance, a pedestrian hit by a car traveling at 40 mph is far more likely to suffer catastrophic injuries or fatalities than one struck at 20 mph.
Reduced Reaction Time: Speeding drivers have less time to react to unexpected situations, such as a pedestrian stepping into the crosswalk. This reduced reaction time increases the likelihood of a collision and diminishes the driver’s ability to take evasive action to minimize the impact.
Longer Stopping Distance: Vehicles traveling at higher speeds require a longer distance to come to a complete stop. In urban settings like New York, where pedestrians often cross streets at intersections and between parked cars, the extended stopping distance can mean the difference between a near miss and a devastating accident.
Increased Fatality Risk: Studies have shown that the risk of fatality for pedestrians increases sharply with speed. According to the National Highway Traffic Safety Administration (NHTSA), the likelihood of a pedestrian fatality is approximately 5% at 20 mph, but it jumps to about 45% at 30 mph and skyrockets to 85% at 40 mph. These statistics highlight the critical impact of speed on survival rates.

Severe Bodily Harm: Speeding often results in more severe injuries, including traumatic brain injuries, spinal cord injuries, broken bones, and internal injuries. The higher the speed, the more likely it is that the pedestrian will be thrown a significant distance, increasing the chance of multiple impact points and compounded injuries.
Vulnerable Populations: Children, the elderly, and individuals with disabilities are particularly vulnerable to the effects of speeding. Their ability to react quickly is often diminished, and their bodies are less resilient to the high-impact forces of a speeding vehicle.
Psychological Trauma: Beyond physical injuries, the psychological impact on pedestrians involved in high-speed collisions can be profound. Survivors may experience PTSD, anxiety, and depression, particularly if they witnessed or were involved in a high-speed crash with severe outcomes.
Legal Implications: In New York, drivers who speed and cause pedestrian accidents can face significant legal consequences, including criminal charges and civil liability. The severity of the accident, combined with evidence of speeding, often leads to higher compensation awards for victims due to the reckless nature of the behavior.

The Secret to New York City Pedestrian Accident Lawyer Michael Lamonsoff's Success in Maximizing Compensation for Injured Victims

Michael S. Lamonsoff, Esq., recognized as "The Bull," has carved out a formidable reputation for achieving maximum compensation for pedestrian accident victims in New York City. His approach is rooted in thorough preparation, relentless litigation, and strategic negotiation, ensuring that insurance companies are held accountable. Here's a closer look at the elements that contribute to his remarkable success:

Proactive Preparation for Trial

While many cases settle out of court, Michael Lamonsoff’s strategy is to prepare every case as if it is going to trial. He believes that this approach keeps insurance companies on their toes. “The insurance companies are afraid to go to trial. They want to control the process. They want to control the amount of compensation our clients get for their injuries by offering inadequate compensation,” says Lamonsoff. By preparing every case for trial, he removes this control from the insurance companies, forcing them to offer fair settlements to avoid the unpredictability of a jury trial.

Aggressive Litigation Strategy

Michael Lamonsoff’s firm is known for its aggressive litigation strategy. “My firm speedily and aggressively litigates every case as if it were going to trial,” he explains. This means that from the outset, his team gathers evidence, deposes witnesses, and builds a robust case. Insurance companies understand that when a case is with Lamonsoff’s firm, it’s not just a threat to litigate; it’s a promise. This aggressive stance often leads to higher settlement offers as the trial date approaches.

Sympathy of the Jury

One key reason Lamonsoff’s strategy is effective is his understanding of jury dynamics. He notes that “a jury is made of people just like you and others in the community where you live. They are far more sympathetic to our client’s plight than multi-national insurance corporations.” This human element is critical. Juries are likely to empathize with the victim’s suffering and are more inclined to award substantial damages, which pressures insurance companies to settle generously before trial.

Dedicated Team of Experts

To execute his strategy, NYC pedestrian accident lawyer Michael Lamonsoff has assembled a specialized team of highly aggressive attorneys, paralegals, experts, and paraprofessionals. This team is skilled at defeating insurance companies in their own game. From accident reconstruction experts to medical professionals, his team works tirelessly to build an irrefutable case. This comprehensive approach ensures that every angle is covered and no detail is overlooked, strengthening the client’s position, whether in settlement negotiations or in court.

Taking Control from Insurance Companies

A cornerstone of Lamonsoff’s success is his ability to take control of the process away from the insurance companies. “The closer we come to trial, the more money they will offer,” he asserts. By demonstrating a readiness and willingness to go to trial, Lamonsoff shifts the power dynamics. Insurance companies, wary of unpredictable jury verdicts, are more likely to offer substantial settlements to avoid the risks associated with a trial.

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Pedestrian Accident Attorney NYC