On Nassau County roads, pedestrians are considered most vulnerable. The major reason is that they have no protection from surrounding traffic coming from both directions. Even a simple crossing of the street can be a risky situation that can result in tragedy, especially if there is a negligent driver. Injuries or fatalities occur when a pedestrian is struck, leading to you or your loved one struggling to figure out what to do next.
However, a Nassau County pedestrian accident lawyer can be able to help. If you or a loved one has been injured or killed in such a situation, it is important to know what legal actions you’ll need to take next. In this legal guide, our personal injury attorneys will explain those steps and why pedestrian accidents may potentially be on the rise in Nassau County. Let’s discuss what you need to know.
What Are The Common Causes of Pedestrian Accidents?
There are several common causes of pedestrian accidents. Understanding them can help you and your attorney build a solid case. Let’s take a look at the following common causes:
- Distracted driving: Drivers using devices such as smartphones, tablets, or even infotainment systems can risk becoming inattentive drivers. Other distractions like adjusting the radio or eating can also lead to accidents involving pedestrians.
- Failure to yield: Many drivers may tend to disregard or ignore pedestrians walking across intersections. They may also disregard traffic signals when making turns. Both are serious risks that can cause a pedestrian to get struck by a vehicle.
- Speeding: Excessive speed can lead to reduced reaction times and a lesser ability to notice pedestrians.
- Poor weather and visibility: Weather conditions such as rain, fog, even darkness can make it challenging for drivers to see pedestrians (especially those wearing dark clothing).
- Drunk or impaired driving: A driver’s ability to notice and react to pedestrians can be affected considerably by alcohol and drugs. New York has strict DUI laws with stiff penalties for offenders.
If a pedestrian accident occurs due to these causes, taking action as soon as possible will be important. We will discuss what needs to be done shortly to ensure you are examined by medical professionals, gather evidence, and consult with a Nassau County pedestrian accident attorney as soon as possible.
What Steps Do You Need To Take After A Pedestrian Accident?
When it comes to your health and your legal rights, taking the necessary steps after an accident is critical. You’ll want to make sure you perform each step when it is safe to do so. Here’s what they are:
- Contact emergency authorities: Dial 911 and request assistance from law enforcement and medical responders.
- Seek medical attention ASAP: Even if you are dealing with minor injuries or if they don’t seem immediately apparent, you’ll need to get a medical evaluation done as soon as possible. This can also allow you to get documentation from healthcare professionals that can be used if you decide to take legal action.
- Gather evidence: Make sure you take pictures of the scene, any visible injuries, vehicle damage, or any traffic signals or signs that are in the area.
- Get information from witnesses: Statements from witnesses who saw the accident can make it easier to establish fault.
- Do not discuss the accident with insurance companies: Without legal representation from a Nassau County personal injury attorney, insurance companies may minimize or deny your claim. As such, do not discuss the accident with them until you have an attorney who can work to get fair compensation.
- Consult with a pedestrian accident lawyer in Nassau County: Before determining legal action, it’s always important to make sure you get consultation from a qualified and experienced lawyer. Our legal team at Duffy & Duffy has worked tirelessly with clients involved in accidents and can advocate for you on your behalf, whether it’s at the negotiation table or in the courtroom.
Who May Be Liable In A Pedestrian Accident?
One of the more complex elements of pedestrian accidents is determining who is at fault. There may be situations where several parties may be at fault all at once. These may include the following:
- The driver: Most of the time, the driver may be the primary liable party. The factors may include speeding, intoxication, or distracted driving.
- Employers: If the driver at-fault was operating a vehicle for their employer, the business may be liable. However, a Notice of Claim must be filed within 90 days if the accident involved a vehicle of a public entity.
- Municipalities: Factors such as dangerous design, poor lighting, or lack of crosswalks can place a government entity liable for creating a dangerous environment for drivers and pedestrians alike.
- Other third parties: This can include property owners, construction companies, and other third parties. However, this may depend on the specific circumstances.
When working with a Nassau County attorney, they’ll investigate the pedestrian accident from all angles and work to identify any liable parties. Meanwhile, they can work to make sure who will be subject to legal action when the time comes to file a lawsuit or come to a settlement agreement, whichever occurs.
Why Type of Compensation Is Awarded in Pedestrian Injury Claims?
Pedestrian accident victims may be entitled to a numerous amount of damages. A pedestrian injury attorney in Nassau County can assist you in collecting the following damages when possible:
- Medical expenses: This covers emergency care, surgeries, hospitalizations, physical therapy, medications, and other future medical needs.
- Lost wages: If your injuries are severe enough to where you miss work, compensation for lost income is possible. This also includes the loss of earning capacity if you don’t return to your job.
- Pain and suffering: This includes physical pain, emotional trauma, reduced quality of life, and other mental challenges such as depression and anxiety.
- Property damage: Property such as clothing, bags, or other personal belongings damaged in the accident may be subject to reimbursement.
- Wrongful death damages: If a pedestrian accident results in a fatality, this will allow surviving family members to pursue a wrongful death claim for funeral expenses, loss of parental guidance, and future income loss. An attorney can be able to help navigate the legal obstacles during a difficult period. Please note that New York’s statute of limitation for wrongful death claims is two years.
How a Pedestrian Accident Lawyer Can Help
By hiring an experienced pedestrian collision attorney in Nassau County, your chances of securing considerable compensation for your injuries potentially increase. Our skilled team of attorneys at Duffy & Duffy can assist you in the following ways:
- Case investigation: An attorney will work to collect and analyze evidence including police reports, surveillance footage, witness statements, and medical records among others.
- Insurance negotiations: A seasoned lawyer can aggressively negotiate with the insurance companies for fair compensation. They know that insurance companies are notorious for low-balling accident victims or even placing fault on them for the accident.
- They provide peace of mind: Whether it’s negotiations or in a court of law, an experienced attorney fights tirelessly on your behalf for a fair settlement. They’ll provide you peace of mind knowing that you have a legal professional on your side to determine what is right and fair for you.
Injured In A Pedestrian Accident? Protect Your Rights With Duffy & Duffy
Pedestrian accidents can result in serious consequences for those at fault. If you have been injured or have a loved one who was killed in such incidents, our Nassau County pedestrian accident lawyers at Duffy & Duffy are ready to work alongside you to make sure your legal rights are protected accordingly. If you need more information or wish to set up a consultation appointment, call our office today at 516-969-5874.