When determining a settlement amount for a pedestrian hit by a car, many factors come into play, including the impact of injuries on their lives and their degree of fault since New York is a pure comparative negligence jurisdiction. The New York State Department of Health (NYSDOH) reports that injuries to pedestrians rank among the top 10 leading causes of hospital admissions and deaths across various age groups in the state.

If you’ve been hurt in a pedestrian accident, Friedman, Levy, Goldfarb, Green & Bagley, P.C., can help. We are one of the premier personal injury law firms in New York City. We are committed to seeking justice for our clients and believe all people are entitled to competent, trustworthy, and aggressive legal representation. Schedule a free consultation today.

What Factors Influence Pedestrian Settlements?

Establishing liability and proving negligence are crucial steps in determining the settlement amount. It involves thoroughly evaluating the actions and responsibilities of all parties to identify who is at fault. The settlement amount typically increases if the driver is deemed negligent—such as speeding, distracted driving, or driving under the influence.

On the other hand, if the pedestrian is found to share some of the blame, e.g., jaywalking, compensation may be reduced according to New York’s pure comparative negligence standard. Other factors include the following:

Insurance Coverage

In New York, drivers must have a minimum insurance coverage of at least $25,000 per person and $50,000 per accident for bodily injury liability. It covers accident-related expenses regardless of fault. However, it may not cover all costs in a serious accident. Individuals can sue the negligent driver when expenses and damages exceed policy limits. If the driver is uninsured, accident victims can rely on uninsured motorist (UIM) coverage.

Average Pedestrian Settlement Figures

Determining an exact average settlement figure for pedestrian accidents can be challenging due to the unique nature of each case. However, considering data from past settlements provides insights into the potential compensation range.

Moderate Injuries

Pedestrian accidents resulting in moderate injuries such as fractures, concussions, or soft tissue injuries may lead to settlements ranging from tens of thousands to hundreds of thousands of dollars. These injuries often require more extensive medical treatment and long-term rehabilitation and may result in temporary disability or long-term impairment.

Severe Injuries

Cases involving severe injuries such as traumatic brain injury (TBI), spinal cord injury (SCI), amputations, or severe orthopedic injuries can result in settlements ranging from hundreds of thousands to millions of dollars. These injuries often require extensive medical care, long-term rehabilitation, and assistive devices and may lead to permanent disability or impairment, significantly impacting the victim’s quality of life.

Wrongful Death

In cases where a pedestrian accident results in the death of the victim, settlements may vary widely depending on factors such as the victim’s age, earning capacity, dependents, and the circumstances of the accident. Settlements for wrongful death claims can range from hundreds of thousands to millions of dollars, covering damages such as funeral expenses, loss of financial support, and compensation for the emotional suffering of surviving family members.

How Pure Comparative Negligence Affects Your Compensation

New York is a pure comparative negligence jurisdiction. This standard determines the settlement amount or jury award for pedestrian accidents. Compensation is proportionate to the level of fault assigned to each party. If you are found partially at fault for the accident, your compensation may be reduced accordingly.

For example, if an investigation determines that you were jaywalking while the driver was speeding, both parties may be deemed to share fault. If you are found to be 30 percent at fault for the accident, your settlement amount may be reduced by that percentage.

What To Do Following a Pedestrian Accident

Knowing what to do after a pedestrian accident can make a significant difference in the outcome of your case.

• Prioritize your well-being. Get medical attention immediately, even if your injuries seem minor. Remember, adrenaline can mask pain, and what appears as a bump or bruise could develop into something more serious later. Additionally, your medical records will show the extent and severity of your injuries, which is critical for seeking compensation for medical expenses and other damages.
• Call the police and make sure to get a copy of their report.
• If there are witnesses, collect their information, such as phone number and email address.
• If you can, take photos or videos of the accident scene, including any visible injuries, vehicle damage, road conditions, and traffic signs. These visual records can provide invaluable evidence to support your claim later.

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Finally, consult an experienced pedestrian accident lawyer to advise you on your rights and options.

How a Pedestrian Accident Attorney Can Help

Pedestrian accidents are complex. To have the best chance at success, you need a law firm that can leverage its experience and resources for a successful outcome. Here is how we can assist you:

Negotiating with the Insurance Company

Our attorneys are experienced negotiators who know how to deal with insurance adjusters effectively and counter their bad-faith tactics and low-ball offers. We present solid and clear arguments that show the full extent of our client’s injuries, how these injuries have impacted their life, and the legal reasons why the other party is at fault.

Obtaining Evidence

We excel in gathering compelling evidence to support your claim. This may include obtaining accident and medical reports, video or dashcam footage, traffic data from GPS and navigation services, subpoenaing cellphone records, collecting witness statements, and obtaining expert opinions.

Minimizing Fault

Our team works diligently to minimize any allegations of fault. We thoroughly analyze the circumstances of the accident, assess the degree of liability, and develop strategies to present your case in the most favorable light.

Representation in Court

Litigation may be necessary if negotiations fail to result in a fair settlement. Our attorneys are experienced litigators who will represent your interests in court. By presenting evidence, cross-examining witnesses, and arguing on your behalf, we work to recover the compensation for your damages and losses.

Schedule a Free Consultation

If you or a loved one were injured in a pedestrian accident, contact a New York Pedestrian Accident Lawyer at Friedman, Levy, Goldfarb, Green & Bagley, P.C for a free, no-obligation consultation. We operate on a contingency basis, meaning you will not owe attorney’s fees unless we win compensation for your case.

According to the most recent data from the National Highway Traffic Safety Administration, a staggering 7,522 pedestrians lost their lives in traffic crashes on public roads in 2022 (NHTSA). Liability usually falls on the driver, who has a higher duty of care. However, there are times when these accidents also occur due to the negligence of a pedestrian. They may be jaywalking, texting, or darting into traffic to catch a bus. However, it is still possible to recover compensation in New York because it follows a pure comparative negligence standard regarding liability. If you’ve been hurt in a pedestrian accident and are concerned because you may bear partial responsibility, it’s wise to contact a skilled and experienced personal injury lawyer.

Friedman, Levy, Goldfarb, Green & Bagley, P.C.  is one of the premier personal injury law firms in New York City. If you are looking for a lawyer to fight for your legal rights and seek full and just compensation for your injuries, then you have come to the right law firm. When you sustain severe injuries due to another party’s negligence, we invite you to call us to arrange a consultation at no cost to you. Our personal injury attorneys will aggressively pursue all possible avenues to obtain the compensation you need to heal after a pedestrian accident.

When Are Pedestrians Potentially At Fault for an Accident?

As noted, liability usually falls on the driver, who has a higher duty of care than a pedestrian. However, typical examples where pedestrians might be partially at fault include the following:

• Jaywalking: Crossing the street outside designated crosswalks or against traffic signals can disrupt traffic flow and lead to accidents.

• Intoxication:  According to the Insurance Institute for Highway Safety (IIHS), in 2021, 38% of pedestrians aged 16 and older killed in pedestrian accidents between 9:00 pm and 6:00 am had blood alcohol concentrations (BACs) at or above 0.08%.”

• Distraction: Using cell phones, wearing headphones, or being otherwise distracted diverts attention from changing traffic conditions, inclement weather, and hazards such as construction, which can be dangerous for both drivers and pedestrians.

• Traveling on Highways or Restricted Areas: Despite clear signage and warnings, some pedestrians ignore restricted zones. Whether it is a construction site or a busy highway, they venture into areas where pedestrian access is prohibited.

• Sudden Movements: Pedestrians who suddenly dart into the street to catch a bus or retrieve something they dropped can catch drivers off guard, leaving them with little or no time to react, increasing the likelihood of an accident.

Understanding Pure Comparative Negligence in New York

New York is a pure comparative negligence jurisdiction. Under this standard, the state allows the plaintiff to claim damages, even if they are 99 percent at fault. Their damage awards are based on the percentage of fault determined by the court.

For example, a pedestrian crossing a busy road while texting is hit by a speeding car. Even if they are found to be 40 percent at fault for texting, they can still recover 60 percent of their damages and losses. However, a $100,000 damages award is reduced to $60,000 in this scenario.

Potential Compensation

If you were injured in a pedestrian accident, you may be eligible for compensation to cover losses from the incident, including economic and non-economic damages. Economic damages are the hard costs that are easily quantified with receipts, bills, and invoices, including but not limited to:

• Emergency room visits and hospital stays
• Surgeries and medical procedures
• Rehabilitation and physical therapy
• Medications and medical supplies
• Future medical care for long-term injuries
• Lost wages and future lost wages
• Reduced earning capacity
• Property damage

Non-economic Damages

Non-economic damages refer to the soft costs which are more subjective, such as pain and suffering, and are calculated using one of two methods. The first one uses a multiplier chosen by examining multiple factors, such as the severity of injuries, the length of recovery, and the effect of these injuries on quality of life. A longer recovery and more severe injuries generally result in a higher multiplier, usually between 1.5 and 5.

A per diem method uses the length of recovery time as the starting point for calculating pain and suffering damages. Using this method, an attorney chooses a per diem amount based on factors similar to those that influence the multiplier method.

Non-economic damages may include embarrassment or humiliation, a form of mental anguish, post-traumatic stress disorder (PTSD), reduced quality of life, reduced enjoyment of life, and disfigurement or scarring.

Average Settlement for Pedestrian Accidents

The average settlement for a pedestrian hit by a car varies widely. Generally, the more severe the injury and its impact on the accident victim’s life, the higher the settlement. Consulting an experienced attorney can offer a better idea of what kind of settlement to expect based on the specific fact patterns of the accident.

Steps to Take After a Pedestrian Accident

Knowing what to do after a pedestrian accident is essential. Take the following steps to strengthen your case and ensure your health and well-being:

• Seek Medical Attention: Prioritize your health by getting medical care immediately, even if your injuries seem minor. Prompt medical attention ensures your well-being and provides the necessary documentation for your personal injury claim.
• Report the Accident: Contact the police and file an accident report. This report may be crucial for insurance purposes and potential legal action.
• Collect Information: If you can, gather details from the driver, including their name, contact information, insurance policy number, and vehicle registration. Also, collect contact information from witnesses.
• Document Everything: Keep detailed records of all medical treatments, travel expenses to appointments, e.g., rehabilitation, physical therapy, and any correspondence related to the accident. This documentation will support your claim.
• Consult a Lawyer: Contact a pedestrian accident lawyer at our firm as soon as possible. We can explain your rights, obligations, and options under the law, helping you make informed decisions on how to proceed with your case.

Common Injuries Caused by Pedestrian Accidents

Pedestrian accidents often result in severe injuries because they do not have the protection afforded to the occupants of a vehicle. The force of impact from a vehicle can cause catastrophic harm, including the following:

• Head injuries (concussions, contusions, skull fractures)
• Spinal cord injuries
• Broken bones and fractures
• Soft tissue injuries (Sprains, strains, bruises, and lacerations)
• Internal injuries
• Amputations

Traffic-related pedestrian injuries are a growing public health threat worldwide. The global economic cost of motor vehicle collisions and pedestrian injuries totals $500 billion. The seriousness of pedestrian accident injuries underscores the need for an aggressive personal injury lawyer who will fight for the rights of the accident victim to recover the compensation they deserve. 

How Our Experienced Lawyers Can Help

Pedestrians harmed by the negligence of other parties, even if they bear partial responsibility, should consult a New York pedestrian accident lawyer. They will thoroughly investigate the accident, negotiate with insurance companies who often try to minimize or deny compensation, and represent them in court if settlement negotiations fail to achieve a fair and reasonable amount. By seeking the help of our team, injured victims can confidently navigate the legal process, knowing that their rights and interests are being vigorously defended.

Schedule a Free Consultation

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we have achieved a reputation as distinguished litigators committed to seeking justice for our clients. Schedule a free, no-obligation consultation today if you’ve been harmed in a pedestrian accident. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.

New York City is home to over 8 million people, most on foot through all five boroughs. Unfortunately, collisions between motor vehicles and pedestrians are common, often leading to serious injuries. If you were hurt in a pedestrian accident, it’s wise to consult a skilled and experienced personal injury attorney.

Friedman, Levy, Goldfarb, Green & Bagley, P.C. is one of the premier personal injury law firms in New York City. When you turn to us for help, we are here for you. When you call, you will always speak with one of our experienced attorneys. We will give you the personalized attention that you deserve. Schedule a free consultation today.

Steps to Take After a Pedestrian Accident

The steps you take after a pedestrian accident can affect the strength of your potential legal claim, which could be impacted by even a minor mistake. If you can follow these suggestions, you have a greater chance of protecting your rights and your health and well-being:

Get to Safety

If you were struck by a car, your first step, when possible, is to get out of traffic. Getting out of the road can protect you from further injury, but if you were struck by a car in a parking lot, alley, or sidewalk, your best option is to stay clear of other vehicles. The vehicle that hit you should also move off the road. The only exception to this suggestion is when moving presents an additional risk of injury.

Contact Law Enforcement

Once you are safe,  contact the police and report the accident. Police in New York are not obligated to show up every time an accident occurs. However, the law requires contacting law enforcement when bodily injuries are involved, which is the case in the vast majority of pedestrian accidents.

When the police arrive, they will investigate the cause of the accident. This usually involves speaking to the parties involved and witnesses. After investigating the scene, they will file a report, which can be essential to your personal injury case.

Seek Medical Treatment

If you suffered serious injuries, call 911. You are allowed to leave the scene of the crash if you require immediate medical attention.

Further, seek medical care even if you do not need an ambulance. Some injuries have delayed onset symptoms, and pain can be masked by the adrenalin that floods the body. A healthcare provider can assess your condition and schedule diagnostic tests to ensure you receive the best care possible.

Seeing a doctor can also protect your legal rights by creating a paper trail that would be hard to dispute. In addition, you have a legal obligation to mitigate your damages. It means that you take reasonable steps to prevent your injuries from worsening. Failing to treat an injury could limit your financial recovery in a lawsuit.

Document Evidence at the Scene

The more you can document the details of the accident, such as the position of the car that struck you and the debris from the crash, the more likely your attorney can build a successful case for compensation.

You can make note of traffic conditions, the weather, and the type of car that struck you. Take pictures or videos. If possible, collect the contact information of witnesses. The testimony of a neutral party carries tremendous weight at trial. Their statements could convince an insurance company to settle, allowing you to avoid a trial entirely.

Avoid Admitting Fault for the Accident

Do not discuss the details of the accident with the driver or witnesses. Obtain the driver’s license number and insurance details. Do not admit fault or apologize. Talking about your accident could jeopardize your claim, especially if you say something that could be misconstrued as an admission of fault.

You can expect the defendant’s insurance adjuster to contact you shortly after the crash and ask for a statement. You are not obligated to speak with them–doing so may hurt your chances of a successful claim. They are trained to take your words out of context and look for excuses to deny or minimize your claim.

Notify Your Insurance Company

If you have auto insurance, notify your carrier about the accident. New York law requires auto liability insurance coverage, and you could pursue a claim for medical expenses and a portion of lost wages, up to policy limits. For serious injuries, you can file a claim against the driver who hit you.

Consult a Lawyer

Finally, consult a New York pedestrian accident lawyer. They can negotiate with insurance companies or pursue legal action through the court system. In most cases, they can resolve pedestrian accident claims through a settlement without the need for ever filing a lawsuit.

Schedule a Free Consultation

Pedestrian accidents can be complex, and the driver will likely have the support of an insurance company and an attorney. You deserve legal counsel that can help even the playing field so that you have the best chance of recovering compensation for your damages and losses. Schedule a free, no-obligation consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.