Pedestrian Accident Lawyers in White Plains, NY Can Help Hold Negligent Parties Financially Accountable
Over 60% of Americans use their own two feet for transportation, exercise, relaxation, and recreation. Put simply, walking has become common along our nation’s roadways. This is great for many reasons, but these individuals are also at risk due to negligent and reckless drivers. Even a brief moment drifting out of a lane can prove disastrous. If you or a loved one have been hurt in such an incident, a pedestrian accident lawyer in White Plains, NY may be able to help.
At Greenspan & Greenspan, we know that our city is great for those who love to walk. In fact, the Walk Score website labled our area a “Walker’s Paradise.” Unfortunately, it only takes one instance of negligence to turn this paradise into a nightmare. Pedestrian accidents often result in serious and even catastrophic injuries. If you or a loved one are currently going through this reality, contact us to schedule a free consultation. We’ll help you decide how to move forward.
Do You Have a Valid Personal Injury Lawsuit?
When someone is injured in an accident, it often seems clear whether they’re entitled to compensation. After all, someone who causes injuries due to negligent or wrongful acts should be held accountable, right? While this simplified view is certainly on track, New York law makes things a bit more complicated. That’s because victims must show that a duty of care existed, that it was violated, and that the violation resulted in injuries or damages.
Fortunately, it’s often simple to establish that a duty of care exists. For instance, every motorist on the road has a duty to avoid unsafe actions that could cause harm to others. By failing to yield at a parking lot crosswalk and harming a pedestrian, they have violated that duty and caused injury. As such, the victim likely has a valid lawsuit. However, it’s also possible that you could secure financial compensation through settlement negotiations with the insurance company.
The best approach in your case will depend upon the facts. Let our bicycle accident attorneys in White Plains, NY review your claim during a free initial consultation. Contact us today.
Common Injuries and Causes of Pedestrian Accidents
Each pedestrian accident case is unique. This means that the underlying circumstances will dictate how every step of your claim plays out. Because of this, it’s important to understand the varying factors that affect potential compensation in such a case. The severity of injuries is a major factor, and the following are among the most common that we see in pedestrian accidents:
- Broken bones
- Spinal cord injuries
- Traumatic brain injury (TBI)
- Internal bleeding
- Organ damage
- Paralysis and long-term disability
- Penetrating injuries
- Wrongful death
These are just the potential physical harms that can occur. However, our pedestrian accident lawyers in White Plains, NY understand that not all harm is physical. Emotional distress, PTSD, and other mental health issues are common. Unfortunately, all these outcomes often occur due to the negligent actions of others. This is clear from the most common causes of pedestrian collisions:
- Distracted driving
- Failing to look before turning
- Driving while intoxicated
- Reckless driving
- Inclement weather
- Sidewalk hazards
- Lack of sidewalks
- Failure to yield at crosswalk
These causes should make it clear how easy it is for a pedestrian accident to occur. However, it should also show that liability may not be clear. For instance, who’s at fault if bad weather or sidewalk hazards cause a collision? More importantly, what if the victim was partially to blame for their injury? Questions of liability are one of the main reasons you should speak with an experienced White Plains, NY bicycle accident lawyer today.
How Do You File a Pedestrian Accident Claim?
After being harmed in a pedestrian accident, injury victims have multiple legal options to seek compensation. The most common approach — and how most personal injury cases are resolved — is through settlement negotiations with an insurance company. In many cases, these companies will contact victims directly. Typically, their goal is to offer a quick settlement before an injured party seeks out legal assistance. Don’t fall for this trick.
They want you to take a quick offer because it usually means they’ll pay less. Any settlement they agree to early on will likely not account for all your economic losses, and rarely will it include non-economic damages (e.g., pain and suffering, emotional distress). A bicycle accident lawyer in White Plains, NY may be able to negotiate a better settlement on your behalf, and if the insurance company is unwilling to pay up, our law firm can file litigation in court.
What if You’re Partially At Fault for Your Accident?
Not all pedestrian accidents can be blamed on the negligent actions of others. There are some cases where individuals engage in unsafe behavior that causes their own injuries. There are also times when liability is shared. For instance, over 40% of pedestrian accidents occur outside of a crosswalk. While this doesn’t mean the victim is at fault, it may shift some liability their way. Fortunately, partial liability does not bar injured individuals from seeking compensation.
That’s because New York is a comparative negligence state. This means juries will consider the share of liability in every case. Even if they decide a pedestrian is 60% at fault for their injury, they can still award compensation to the victim. The law simply reduces the final award by the percentage of fault the injured party shares. This is why you shouldn’t make assumptions about liability. Our White Plains, NY bicycle accident lawyer can help you better understand your case.
Contact a Pedestrian Accident Lawyer in White Plains, NY Today
Walking the streets of White Plains can be a relaxing endeavor. Whether you’re heading to work or just taking your dog for a stroll, you’re getting where you need to go without wasting gas money. Unfortunately, our roadways aren’t always as safe as we might hope. The scariest thing is that it’s not just motorists who present dangers. Construction sites, sidewalk hazards, cyclists, and many others can put the well-being of pedestrians at risk.
At Greenspan & Greenspan, we believe it’s important to hold these negligent parties accountable. If you’ve been injured in any type of accident while walking along New York roadways, you may be entitled to maximum compensation. Don’t let lost wages, medical bills, and other expenses wreck your financial stability. Contact us today by calling (914) 946-2500 for a free consultation. Our bicycle accident lawyers in White Plains, NY are ready to assist.