Pedestrian Accident Lawyer in Brooklyn

When you meet with a Brooklyn pedestrian accident lawyer from Morgan and Morgan, one of the first items on the meeting agenda concerns determining the cause of the accident. Your attorney must first determine the cause of the pedestrian accident before proving another party committed one or more acts of negligence. With more than three decades of experience, the personal injury attorneys at Morgan and Morgan present the four most common causes of pedestrian accidents.

Inexperienced Drivers

New York City is no place for an inexperienced driver to operate a motor vehicle. Between understanding the motorist laws pertaining to the protection of pedestrians and the complex road and highway system that traverses Brooklyn, an inexperienced driver can easily make a mistake that causes harm to a pedestrian. Inexperienced drivers also tend to make more operating mistakes, such as misjudging the amount of time required to make a stop. Drivers that lack experience also are less likely to notice the presence of pedestrians crossing a street.

Reckless Driving

Because of the hectic pace of life in the Big Apple, far too many drivers punch the gas pedal to beat red lights. The result of driving through a red light is to put one or more pedestrians in dire danger of getting hurt. Speeding represents another example of reckless driving, as does weaving in and out of traffic to move as quickly as possible along the highly congested roads and highways of New York City.

Your Brooklyn pedestrian accident lawyer proves reckless driving by obtaining traffic and/or security camera footage from one of the thousands of cameras installed throughout Brooklyn and New York City.

Distractions

Trying to get around Brooklyn is difficult enough without a distraction coming into play. Unfortunately, many motorists in Brooklyn violate New York State law by operating a hand-held mobile phone to send and receive text messages. Texting and driving is a particularly hazardous action because it takes a driver’s eyes off the road. Driving distractions are a huge problem for pedestrians since it is more difficult to notice a pedestrian out of the corner of an eye than it is to detect the presence of an oncoming motor vehicle.

Other types of distractions for motorists include eating a meal and focusing on the attention-grabbing attractions located in Brooklyn.

Driving While Intoxicated

New York has established more stringent drunk driving statutes than the statutes passed by other states. In New York City, a driver can be charged with a crime for being impaired at a blood alcohol content (BAC) level of just 0.05. State law defines an intoxicated driver at a BAC of 0.08, while evidence of a BAC level of at least 0.18 percent defines aggravated driving while intoxicated. The physical evidence required to prove a motorist violated any of the drunk driving statutes in Brooklyn includes sobriety and blood alcohol tests.

Driving while intoxicated makes it difficult to detect the presence of pedestrians, as well as react in time to avoid hitting them.

Throughout the five boroughs that comprise New York City, pedestrians have the right of way at every marked and unmarked crosswalk. This means that even if a crosswalk is not designated by markings, motorists must give pedestrians the right of way to cross streets. Pedestrians in New York City also have the right of way whenever a motorist leaves a building or parking structure. Motorists must stop at the defined line before determining whether they have clearance to move out of a building or parking structure.

Pedestrians are responsible for following the WALK and DON’T WALK instructions flashed near traffic signals. Motorists must give pedestrians the right of way at red lights when they plan to make a right turn. Pedestrians always have the right of way when they cross a street under a green light.

Pedestrians do not always enjoy having the right of way in Brooklyn. Pedestrians are prohibited from walking on roads and highways. Nonetheless, if a driver encounters a pedestrian walking on a road or highway, the driver is supposed to yield to the pedestrian. New York State law states that “no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.” This law also requires pedestrians to use pedestrian tunnels and overpasses to move past high-traffic intersections.

Just as how you handle the aftermath of a vehicle collision as a motorist, how you handle the aftermath of a pedestrian accident determines whether you receive compensation to recover financial losses.

Call 911

Getting a law enforcement agency involved in a car accident is important for just about every type of motor vehicle collision. It is especially critical to call 911 after a pedestrian accident in a large city such as New York City. The responding law enforcement agency immediately secures the accident scene, as well as conducts an investigation that leads to the filing of the official police report. When you call 911, the call also activates the nearest emergency medical team. Driving yourself to the hospital after a pedestrian accident can take a long time due to the traffic congestion on Brooklyn roads and highways.

Receive Treatment for Your Injuries

The costliest expense you can expect to face after a pedestrian accident concerns medical bills. This means you should act with a sense of urgency when it comes to treating your injuries. Even minor injuries require prompt medical care to prevent the injuries from developing into more serious healthcare issues. The cost of diagnostic tests, treatment programs, and physical therapy sessions can run into tens of thousands of dollars. If you fail to take swift action for seeking medical care, the insurance company processing your claim and the judge hearing your personal injury lawsuit might deny you compensation to pay for costly medical bills.

Contact a Brooklyn Pedestrian Lawyer

Many victims of pedestrian accidents make the mistake of contacting the appropriate insurance company before meeting with a Brooklyn pedestrian accident lawyer. If you fail to retain an attorney before filing an insurance claim, the adjuster assigned to your case might deny a valid claim or approve a claim for a value that is worth much less than what you deserve in compensation. The insurance adjuster also might try to implement an unethical business practice, such as forcing you to sign a liability waiver.

Contacting a Brooklyn pedestrian accident lawyer right after a car accident helps you determine how to proceed with the handling of your case.

One of the most important types of legal support provided by your Brooklyn pedestrian accident lawyer is to ensure you file a personal injury lawsuit before the expiration of the statute of limitations. New York grants plaintiffs three years to file a personal injury lawsuit, but you can request an extension if you sustained one or more injuries that developed delayed symptoms.

Although three years is plenty of time to take legal action by filing a civil lawsuit that seeks monetary damages, you should act quickly because of two reasons. First, your attorney needs to speak with witnesses as close to the date of the accident as possible to obtain the most accurate version of events. Second, you can fall into a deep financial hole unless you take quick legal action. Your healthcare providers expect prompt payments of medical bills unless you agree to a medical lien arrangement.

Schedule a free case evaluation today with Morgan and Morgan to start the process of getting you the compensation that you deserve.