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