Bronx Pedestrian Accidents

The congestion and overall design of the Bronx have led to many people using alternate forms of transportation. Our public transportation systems help countless residents get from one place to another, but you will likely need to walk to a bus stop to use public transit. In other cases, people choose to walk because their destination is close by.

No matter why you decide to walk, you should be able to do so safely and with the respect of others around you. However, many drivers in the Bronx disregard pedestrians, which leads to fatal and life-altering devastation.

Ivan Diamond Bronx Personal Injury Attorney stands up for the rights of injury victims, regularly obtaining full compensation for our clients. We have recovered six and seven-figure settlements and awards for seriously injured accident victims, and we can help you.

Reach out our Bronx Pedestrian Accidents Lawyers today.

Where do these accidents happen?

Overall there are 300 pedestrians killed across New York each year, with over 15,000 suffering injuries after being struck by a car. One-fourth of all fatal car accidents involve pedestrians. While the time around Christmas and New Year’s is the deadliest for pedestrians, any time of year is dangerous for pedestrians in the Bronx. Walking at night is also hazardous for pedestrians since drivers are the least attentive and aware of their surroundings.

The most vulnerable Bronx residents are children and elderly adults because they move slower and can be harder to see for drivers. Pedestrian accidents result in tragedy for the victims and their families. You need a Bronx pedestrian accident lawyer to represent your interests and get the compensation you deserve after such a tragic accident.

These accidents can happen anywhere. The Bronx contains 6,438 intersections where pedestrians are vulnerable. Intersections are supposed to be the safest place for pedestrians to cross. Often, they are also the most deadly locations. The busier the intersection, the more likely drivers will be in a hurry and carelessly cross an intersection when pedestrians have the right of way. Drivers often speed up and into an intersection to avoid the changing red lights.

Through the recent Vision Zero program, New York found 46 dangerous intersections for pedestrians in the Bronx; among them are:

• Thwaites Place and Boston Road
• Grand Concourse, Monroe Avenue, and East Tremont Avenue
• West Fordham Road and Grand Avenue
• East 233 Street, Grenada Place, and Baychester Avenue
• White Plains Road and Morris Park Avenue
• Corsa Avenue and Boston Road
• Metropolitan Avenue, Wood Avenue, and Parkchester Road
• Morris Avenue and East 149 Street
• White Plains Road and East Gun Hill Road
• Third Avenue, Willis Avenue, and Melrose Avenue
• Westchester Avenue, Prospect Avenue, and Longwood Avenue

The intersection list is not exhaustive, and there are many other priority intersections New York has identified. While these intersections are dangerous, any street, intersection, crosswalk, or another area where pedestrians frequent can be the scene of an accident. No matter where you suffer an accident, you must consult with a Bronx pedestrian accident attorney.

Life-altering injuries from a pedestrian accident

Any injury you sustain in a pedestrian accident is life-changing. When a car strikes a pedestrian, they have substantial power over the person. The size difference and lack of protection between the vehicle and the pedestrian cause catastrophic injuries. Recovery can take weeks, months, or years. Many injuries are permanent and do not leave victims with the opportunity to recover their pre-accident condition.

The most common injuries in a Bronx pedestrian accident involved:

• Soft tissue injury: Any jerking motion can cause you to suffer a strain, sprain, or muscle tear. These injuries are common among athletes, but pedestrian accidents will also result in these severe conditions. Treatment is long-term, and even if you can get to a comfortable space, you will always have to stay cautious so that you do not re-injure yourself.
• Head injury: Your head houses your brain, which is the key to the rest of your bodily functions. You can suffer many head injuries from concussions, traumatic brain injuries, and facial fractures. These injuries will result in months of rest, surgeries, physical therapy, cognitive therapy, and occupational therapy. Most of these injuries are permanent, leaving you with little relief.
• Broken bones: You have many limbs, and any of them can break when they experience too much force. You can be thrown to the ground as a pedestrian and suffer broken bones. You will likely need to wear a cast for several weeks or require emergent surgery to place the bone back. It will be excruciating, and recovery can take time.
• Spinal cord trauma: The spinal cord is another part of our body that heavily influences our movements. The spinal cord controls our body’s motor, sensory, and autonomic functions. When there is spinal cord trauma, it can cause temporary or permanent disability. If one section of the spinal cord suffers damage, it will affect other body parts for life.
• Amputations: There are many reasons you can suffer a loss of a limb. You can lose a limb in an accident or at the hospital. A doctor will remove the limb if a blood flow restriction causes the tissue to die. No one wants to amputate a limb, and the lifelong implications are severe. You will relearn how to do basic tasks and use a prosthetic limb. You must replace prosthetic limbs, and your settlement or judgment should pay for those replacements.
• Road rash: Since you do not have much protection in a pedestrian accident, you will be thrown to the ground by a vehicle. You can suffer a road rash that will remove the top layer of flesh. Road rash incidents can go even deeper under the skin. Dirt and debris from the road can get into the wound and cause an infection. You will also suffer severe scarring that can lead to emotional trauma.

Larger vehicles will cause more severe injuries. Any vehicle driving over the speed for the current conditions also causes more significant injuries. In New York state, only one out of every ten people struck by a vehicle going over 40 miles per hour will survive. That means pedestrians are more likely to die when a driver is speeding.

Who is at fault for these accidents?

The driver who struck you is the at-fault party in this case. Most often, you can hold drivers who violate driving laws legally and financially responsible when they injure you.

The leading cause of pedestrian accidents in the Bronx is distracted driving. Motorists are so distracted that they cannot swerve or brake when they notice a pedestrian, leading to a tragedy.

Other causes of pedestrian accidents in the area are:

• Intoxication
• Failure to yield
• Speeding
• Aggressive driving
• Fatigue
• Drug use
• Mechanical defects
• Driving too close to the shoulder
• Unsafe turns
• Running a red light

There are many different vehicles on the road, and anyone who contributes to or causes injury will be the liable party for your accident.

Some parties who contribute to and who you can hold responsible for pedestrian accidents are:

• Bicyclists
• Motorcyclist
• Bus drivers
• Passenger vehicle drivers
• Government agencies
• Other pedestrians
• Employers or drivers
• Defective vehicle parts manufacturers

While you think there is only one party responsible for your accident, you can find that there are several. Your Bronx pedestrian accident lawyer can investigate and determine how many parties are liable and who to file a claim against.

What compensation is available in these claims?

The compensation you can obtain from your pedestrian accident claim in the Bronx will depend on several factors.

The factors that we will consider when determining the worth of your claim are:

• The injury you sustain
• The financial losses you suffer from the accident
• How your injury will affect your ability to work and earn a living
• The ability for you to enjoy your life
• Physical and emotional suffering
• The insurance policy and recovery limits
• How strong your case is

Other factors can affect your claim, but your Bronx personal injury attorney will need to look at all these factors. If you survive a pedestrian accident, you are eligible to file a claim against the negligent parties who caused you harm. The consequences of a pedestrian accident will vary in each case, and so will the compensation you can receive.

Some compensation recovery options include:

• Hospitalizations
• Surgeries
• Therapy
• Ongoing medical treatment
• Lost earnings and benefits
• Loss of future earning capacity
• Pain and suffering

When a person does not survive a pedestrian accident, the family can file a wrongful death claim and obtain monetary compensation for:

• Funeral and burial expenses
• Lost earnings and financial support to the home
• Medical costs incurred for injuries from the accident leading to their passing
• Loss of love, guidance, and companionship

The compensation you can recover after a pedestrian accident varies. Your Bronx pedestrian accident attorney can determine which compensation you can pursue.

Proving negligence in a pedestrian accident

While you think that the cause of your accident is apparent and, therefore, so is the liable party, there can be some underlying issues that led to the tragedy. Your pedestrian accident attorney in the Bronx must investigate every element of the accident to find the negligent party. There are various laws in New York especially addressing how drivers should treat pedestrians; these laws will affect your claim.

Some notable provisions to keep in mind are:

• Drivers must exercise due care
• Pedestrians have the right of way on sidewalks

Driver violations are the leading cause of pedestrian accidents. To garner compensation for your pedestrian accident claim in the Bronx, you must prove the driver acted negligently.

Deadlines to file claims

You must file all legal documents within the allotted time frame to ensure you begin a successful claim. When a claim does not meet the deadlines outlined by New York state law, the court can deny it without ever getting a second look. No-fault claims in New York have a 30-day filing deadline. Claims with an at-fault party have three years after the accident date.

You cannot easily meet these deadlines without a Bronx pedestrian accident attorney. You must meet other legal deadlines, too.

While you focus on your healing, a Bronx pedestrian accident attorney will meet all of these critical deadlines and protect your legal rights at every step.

How long will my claim take?

A personal injury claim can take time.

You will need to have patience while taking these critical steps:

• Evidence collection
• Liable parties found and named in a suit
• You recover from your injuries
• All costs and future losses calculated
• Experts analyze and prepare reports regarding your claim
• Discourse with insurance companies to move the case along

These cases will require extensive medical treatment, which can take years and is very costly. The liable party must pay for all of the damage they cause. While we want you to move on with the rest of your life, we also want to ensure you have the financial means you need to do so comfortably.

How can a Bronx pedestrian accident lawyer help my claim?

Pedestrian accidents in the Bronx are incredibly horrific, and it is challenging for a pedestrian to go up against a big insurance company, especially without the proper legal representation. These insurance companies will take any chance to lower or deny your claim.

You need Ivan Diamond, an experienced Bronx personal injury lawyer, to:

• Investigate your accident by collecting evidence and filing documents on time
• Meet with experts to determine the value of your claim and other options
• Pushback on any efforts the insurance company makes to place blame on you
• Handle communication between you and the negligent party’s insurance company
• Negotiate a fair settlement with the negligent party
• Preparing your case for litigation if the need arises

You need legal representation from the beginning, and you cannot delay filing a claim. New York only gives victims limited time to file lawsuits against negligent parties in a pedestrian accident. Your entire life will change after a pedestrian accident.

Contact us at the Law Offices of Ivan Diamond at (718) 588-2000 for your free consultation, so you do not miss any critical deadlines.

Client Testimonial

“Mr. Ivan Diamond is the definition of professionalism hard work. He’s my first experience with a lawyer (I retained him to represent me in two separate instances) … and he made it a pleasant one! He’s VERY hands on, very attentive, asked the questions, consistently checked up on me and prepared me for any and every possibility. Extremely knowledgeable. I recommend Mr. Diamond to friends and family who we’re all happy with outcome of their personal injury case’s. I consider Mr. Diamond to be family, because that’s how hard he worked for me and expressed real compassion for my circumstances. Hiring Mr. Diamond is a decision you will never regret..” – Bia S.

Client Review: 5/5
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January 2020