Brooklyn Pedestrian Accidents Lawyer

When Pedestrians are Struck and Injured, Our Brooklyn Pedestrian Accident Attorney Defends Their Rights

Brooklyn, the diverse and bustling borough of New York City, has witnessed an unfortunate rise in pedestrian accidents. As a hub of activity with a vast population and heavy traffic, pedestrians are increasingly exposed to danger.

With so many people on Brooklyn’s streets daily, both in vehicles and on foot, collisions are bound to happen. But not everyone pays the same price. Pedestrians are at a severe disadvantage and are much more likely than other drivers to be injured or killed in an accident.

From 2017 to 2021, 171 pedestrians were killed or severely injured in Brooklyn. The escalating pedestrian accidents in Brooklyn are a grim reality that demands urgent attention.

The path to recovery after a pedestrian accident is not always straightforward. The cost of damages often exceeds insurance coverage, and hit-and-runs are more common than we think, leaving victims with even fewer options. 

You may be entitled to significant compensation if you or a loved one has been struck and injured in a pedestrian accident.

When you’ve been a pedestrian accident victim, turn to the expertise of Tucker Lawyers. We can help you pursue maximum compensation for your losses. Call our Brooklyn pedestrian accident attorney today at (516) 399-2364 for a free consultation.

Steps to Take after a Pedestrian Accident

Seek Medical Attention, Preserve Evidence, and Call a Brooklyn Pedestrian Accident Lawyer

Whether you or a relative has experienced a pedestrian accident, dealing with the aftermath can be traumatic and terrifying, potentially leading to long-term pain and financial burdens. While you can’t turn back the clock, you can take certain steps to lay the foundation for a smoother recovery and a more promising claims process.

Maintain Control of the Situation

When you’ve been hurt in a pedestrian accident, it can be difficult not to panic. You’re likely suffering, out of breath, and disoriented. However, do your best to stay calm. In Brooklyn, there will likely be witnesses to the accident, and you don’t want anyone to see you threatening, blaming, or shouting at others involved in the accident – even if they are at fault.

Call for Medical Help

Even if you’re not in a great deal of pain, or your injuries seem minor, it’s important to be seen by a medical professional immediately. Refusing medical attention can negatively impact your case, as insurance companies may use this as proof that you were not injured. More importantly, some types of injuries do not appear severe at first but can get worse if left untreated.

Preserve Evidence of the Accident

If you are injured, you may be unable to document the scene yourself. In this case, have someone else take pictures of any relevant evidence, such as the vehicle and its license plate, the road conditions, and your injuries. Obtain police reports and witness statements if possible. If the vehicle that struck you abandoned the scene, report the hit-and-run immediately.

Reach Out to a Reputable Brooklyn Pedestrian Accident Attorney

After receiving adequate medical attention and documenting the accident, contact a pedestrian accident attorney as soon as possible. An experienced attorney can help you obtain additional evidence, such as dash-cam or surveillance footage, and can begin building a strong legal claim.

Defining Fault

New York’s No-Fault System

In New York, pedestrian accidents are subject to the state’s no-fault insurance system. Injured pedestrians typically seek compensation from their insurance providers, regardless of fault. While the no-fault system expedites the payment of medical expenses and lost wages, it has limitations when fully compensating injured pedestrians for their pain, suffering, and other noneconomic damages.

Those whose injuries meet the state’s “serious injury threshold” may step outside the no-fault system and pursue a personal injury lawsuit against the at-fault driver to seek additional compensation for their losses.

Determining Negligence

The Comparative Negligence Principle

In personal injury claims, New York follows the comparative negligence principle, allowing injured pedestrians to seek compensation even if partially at fault. Under this system, the amount of compensation is proportionally adjusted based on the pedestrian’s percentage of fault.

For example, if a pedestrian is deemed 50% at fault for an accident, and their damages are estimated at $10,000, they may only be able to pursue a claim for $5,000. Remember that your opponent’s insurance company or legal team may try to attribute more fault to you than is fair. A skilled pedestrian accident attorney to help you contest these assertions is critical to pursuing a successful personal injury claim.

When Negligent Driving Leads to a Pedestrian Accident

When negligent driving behaviors threaten Brooklyn’s streets, the safety of pedestrians is compromised. Distracted driving, speeding, failure to yield, reckless driving, and driving under the influence all contribute to the alarming rate of pedestrian accidents. While these factors may not impact an insurance settlement, establishing negligence on the part of a driver can strengthen a personal injury claim. With proper legal representation, injured pedestrians in Brooklyn can seek the compensation they rightfully deserve for the losses and suffering endured due to negligent drivers.

Damages and Compensation

Pedestrian accidents can leave victims with various burdens and losses, making it difficult to recover physically and financially. With the help of a Brooklyn pedestrian accident attorney, injured parties can file claims covering various types of damages.

Economic Damages

Claimants are awarded economic damages to compensate them for their quantifiable monetary losses. Examples of economic damages include:

• Medical expenses: Emergency transport, medications, hospital stays, surgeries, etc.
• Property damage: Personal property lost or damaged in the accident.
• Lost income: Wages lost due to missed work and reduced future earning capacity.

Noneconomic Damages

Noneconomic damages are awarded to claimants to address the burdens of a pedestrian accident that are not easily measured in monetary value. These include:

• Pain and suffering: Emotional distress, anxiety, depression, or other mental health issues.
• Loss of quality of life: Reduced independence, inconvenience, or loss of consortium.
• Disfigurement: Cosmetic surgeries, scarring, or loss of body parts.

How a Pedestrian Accident Lawyer Can Help

Having a Skilled Legal Expert on Your Side Can Make All the Difference

The pedestrian accident attorneys at Tucker Lawyers can advocate for the rights of individuals involved in pedestrian accidents. We can help you gather essential evidence, assess liability, and negotiate with insurance companies on your behalf.

By evaluating the full extent of your injuries and damages, including medical expenses, lost wages, and pain and suffering, we can determine the appropriate amount of compensation you are entitled to.

Our knowledgeable pedestrian accident attorneys know how to handle the legal complexities and fight aggressively for our clients, helping them recover and move forward after a pedestrian accident.

Contact our experienced pedestrian accident lawyer for a confidential case evaluation. Let us handle the legwork, so you can focus on your recovery. Contact us now by calling (516) 399-2364.

FAQs about Brooklyn Pedestrian Accidents

Finding the strength to pursue a claim after an injury can be overwhelming, and the circumstances of your case can change everything. You may wonder about your best course of action when facing certain scenarios. Our Brooklyn pedestrian accident attorneys are ready to answer any questions. Here are some we regularly hear from clients.

• What should I do if the insurance company offers me a settlement?

  Refraining from accepting or signing anything until you have consulted with a pedestrian accident lawyer is essential. An attorney can review the settlement offer and determine if it covers the full extent of your damages.

• Can I still file a claim if the at-fault driver was uninsured?

  You can still file a claim through uninsured motorist coverage, other liable parties, or a personal injury lawsuit.

• How much can pedestrian accident victims be awarded?

  Pedestrian accidents are often severe, leading to larger payouts. There is no average settlement amount, but minor cases can range from $10,000 to $75,000, while more severe cases can lead to $100,000 settlements or more.

• What if the at-fault driver disputes their liability for the pedestrian accident?

  Disputed liability can complicate the claims process, so gathering compelling evidence is critical. Presenting witness statements, surveillance footage, and police reports can help support your version of events and establish the driver’s responsibility for the accident.

Don’t see an answer to your question? We are happy to help. Reach out to our Brooklyn pedestrian accident attorney to talk about your case. We welcome you to contact us with any other questions you may have.

Why Choose the Pedestrian Accident Attorneys at Tucker Lawyers?

When you need a knowledgeable legal representative in Brooklyn, contact Tucker Lawyers. Our accomplished legal team has the specialized knowledge and experience to recover the compensation that our clients deserve after a pedestrian accident injury.

Remember: We don’t get paid unless you do, too.

We believe that all victims deserve justice, and we will fight tirelessly to secure the financial compensation that you are owed after your accident.

For a free consultation, contact our Brooklyn pedestrian accident lawyers team at (516) 399-2364.

Managing Attorney John. J. Tucker, Esq.

John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]