NY Lawyer for Pedestian Struck by Car and/or Other Motor Vehicles
If you, or someone you know, is a pedestrian who has been struck by a car, bus, truck, taxi cab, or other vehicle, you should contact a lawyer to discuss your legal rights. Zalman Schnurman & Miner are attorneys that are experienced in handling case where pedestrians have been struck by motor vehicles. In New York the pedestrian has the right of way while crossing in a crosswalk. New York State Vehicle and Traffic Law Secion 1151(a) states that
When a traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right of way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk on the roadway upon which the vehicle is travelling, except that any pedestrian crossing a roadway at a point where a pedestrian tunnel or overpass has been provided shall yield the right of way to all vehicles.
Similarly, the New York City Traffic Rules, Section 4-04(b)(1) states that:
Operators to yield to pedestrians in crosswalk. When traffic control signals are not in place or not in operation, the operator of a vehicle shall yield the right of way to a pedestrian crossing the roadway within a crosswalk when the pedestrian is in the path of the vehicle or is approaching so closely thereto as to be in danger.
Thus a pedestrian who is crossing an intersection in New York with a green light, stop sign, or no traffic control devices at all, has the right of way, and vehicles must yield to them. However, while a pedestrian crossing the street at a location other than the crosswalk may not have the right of way, drivers are still, of course, required to exercise due care to avoid hitting them. New York State Vehicle and Traffic Law Section 1146(a) states in part that
Notwithstanding the provisions of any other law to the contrary, every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian or domestic animal upon any roadway and shall give warning by sounding the horn when necessary...
The rule against vehicles striking pedestrians in NYC is the same. New York City Traffic Rules Section 4-04(d) states:
Operators to exercise due care. Notwithstanding other provisions of these rules, the operator of a vehicle shall exercise due care to avoid colliding with any pedestrian.
The operators of the vehicle, and their insurance companies, will often try to shift the blame of the accident to the victim. Common allegations are that the pedestrian did not look before they crossed, that the pedestian darted out into traffic, that the pedestrian walked into the side of the vehicle, and/or that the pedestrian did not cross within the crosswalk. Because insurance companies are practiced at trying to shift the blame to pedestrians, it is important to contact an attorney who handles pedestrian knock down cases, is familiar with defenses that will be made, and knows how to counter them. Naturally, when a vehicle hits a pedestrian, the pedestrian is likely to suffer a serious injury. It is not uncommon for pedestrians struck be vehicles to suffer broken bones, fractures, head injuries, tears, herniated discs, and other injuries. Unfortunately pedestrians struck by motor vehicles are often killed as a result of the accident. Because of the seriousness nature of the damages which can be suffered, and the likelihood that insurance companies will try to avoid paying full compensation to pedestrians struck by vehicles, it is important to consult with a lawyer who is experienced in cases where pedestrians have been hit by cars and other vehicles. Zalman Schnurman & Miner is experienced in handling cases where pedestrians have been struck by cars. We will be happy to speak to you and offer a free consultation. Zalman Schnurman & Miner P.C. is a New York law firm that concentrates in personal injury actions such as pedestrian-vehicular accidents, car accidents; motor vehicle accidents, bicycle accidents, premises liability, trip and falls, slip and falls, snow and ice cases, construction accidents, medical malpractice, traumatic brain injuries, etc. Learn more at www.1800Lawline.com
, or contact us at 1-800-LAWLINE, or 1-800-529-5463 Zalman Schnurman & Miner P.C. handles personal injury actions in New York City, Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau County, Suffolk County, Westchester County, and Rockland County. We can often refer you to attorneys in other areas that we have worked with in the past. The information provided here is for informational purposes only and is not meant as legal advice or to cover all possible facts or factors. An attorney should be consulted to discuss specific facts and laws.