The New York Personal Injury Blog

Pedestrian Accidents in New York

Pedestrian Accidents are all too common in New York City given the vast amounts of traffic in the Big Apple. The New York DMV reports that in New York City in 2008, there were 10,973 pedestrian accidents. Generally, these accidents occur when the driver is not exercising "reasonable care under the circumstances." If the driver is distracted, texting, on a cell phone, not following traffic signs, or driving under the influence, he could be a part of a pedestrian accident. However, pedestrians are expected to obey traffic laws and exercise good judgment about traffic conditions. Generally, pedestrian accidents involve parsing out responsibility such as comparative negligence and fault.

If you need legal advice on any personal injury issue in New York, including pedestrian accidents, you should speak to a New York personal injury attorney. Personal injury attorneys often offer free consultations and generally take cases on contingency, which means that you will not be expected to pay attorney fees unless you receive a favorable verdict.


Recently in Pedestrian Accidents Category

High Rate of Pedestrian Deaths for Seniors In NYC?

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It seems that you may have a death wish if you are a senior citizen walking in a crosswalk in New York. Why is that? According to the New York Post, certain areas of New York City are known for a high rate of senior pedestrian deaths.  

A study conducted by the Tri-State Transportation Campaign from 2006-2008 shows that pedestrians between the ages of 65 and 70 years of age are more likely to get killed while crossing the street than their younger counterparts. The statistics get even grimmer. While senior pedestrians only make up 17 percent of the population in New York, they make up 42 percent of pedestrian deaths.

Students Hit By Driver With Suspended License

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Another personal injury case may be in the works for two students who were hit by a car on their way to school. The two teens were struck in Brighton Beach before the start of school. NY 1 reports that the driver Oliver Black, 54, is facing charges of "driving with a suspended license and having an unregistered vehicle" and vehicular assault. 

 

Both Elizabeth Lopez and Brian Rosario, 17, had to be treated at a hospital. Luckily, their injuries were non-life-threatening. 

 

It seems like if  they filed a suit, it would depend on many things including where they were walking. If they were on the sidewalk and the car jumped the curb to hit them, or if they were in the cross walk, then their case might be a slam dunk; however, if they were jaywalking, it might be harder for them to prove that Black was at fault. 

After reading the story in the New York Daily news about the NYC Transit driver, Jeremy Philhower, who hit Seth Kahn while he was jaywalking, I decided to look up how the jaywalking problem is being handled in the city.

First, I googled, looking for the law and how much of a fine it would be. Imagine my surprise when it couldn't be found on the internet. The entire internet was only sprinkled with little "I think it's a law" or "my cousins cousin got one back in the early 90s."

Where were the facts?