New York Pedestrian Accident Attorneys

We'll Guide You Through the Claims Process

When you're struck by a vehicle, it can be very difficult to know what to do. It can feel like everything is moving in slow motion and, afterward, your memory is cloudy. And you get the sense that the driver and the insurance company don't believe your version of what happened.

At Flanzig & Flanzig LLP, our experienced New York pedestrian accident lawyers understand the hurdles our clients can face, and that's why we will advocate aggressively to protect your rights in any case. Representing injured pedestrians in New York City, Long Island, and the Hudson Valley, our pedestrian injury attorneys have the experience and knowledge of the law to hold negligent drivers accountable.

Our firm has obtained millions of dollars in settlements and jury verdicts for clients injured in pedestrian accidents. Law Dragon's magazine has recognized Carol and Dan Flanzig as two of the top 500 personal injury lawyers in the United States. If you were injured or a loved one was killed in an accident while crossing the street, walking down the sidewalk, or while running or biking, contact the personal injury lawyers at Flanzig & Flanzig, LLP, for assistance.

How Our Firm Can Help

Arguments frequently arise in pedestrian versus car accident cases based upon whether the pedestrian or the motorist had the right of way. The relevant right-of-way rules in New York traffic cases can be confusing and fact-specific. Typically this ends up as a “he/she said” situation. A car has to give a walking pedestrian the right of way in New York when the pedestrian has already started crossing in a marked, unregulated crosswalk.

However, the pedestrian cannot step into the crosswalk when cars are so close that they cannot stop”Vehicle and Traffic Law §1151. In this scenario, it becomes turn based dependent upon whose turn it was, i.e. whether the pedestrian was present and clearly visible for some reasonable distance so that the vehicle which struck her or she could have stopped, must be ascertained by a jury.

In cases of driver or pedestrian negligence, the pedestrian may have no way to substantiate her claim and may lose her case, unless she can persuade the jury that the driver of the automobile ran her down in a marked crosswalk. Without other eyewitnesses, an accident reconstruction expert can be essential to provide opinions to the jury on direction and speed of the vehicle.

Another fertile ground for defense counsel is the NY Vehicle and Traffic Law §1151(a) which requires pedestrians that are crossing outside the unmarked/unregulated cross walk to yield the right of way to vehicles “so close as to constitute an imminent danger.” Defense counsel will argue that the pedestrian did not yield the right of way and stepped in front of the oncoming vehicle.

Pedestrian Accident Settlement Negotiation

Whenever an accident or injury does occur in New York, one of the first steps that the injured person usually takes is to file a claim with the insurance provider of the driver (No Fault application) or with his or her insurance company If they are hit by an uninsured or unidentified vehicle in New York. When the driver's insurance company is conducting an investigation after the claim is filed, they may request that the injured pedestrian or their family grants a recorded statement. It is important to understand that it is not a requirement to provide such a statement. The injured person can decline the request.

In preparation for settlement negotiations, the responsible party's insurance company will often conduct an initial investigation into the traffic accident. This may include a police report being prepared or the insurance adjuster visiting the scene of the accident.

Once the insurance company finalizes their liability determination, they can then move forward to attempt settlement negotiations. At this time, the experienced pedestrian accident attorneys in New York can get started with counter negotiations to get their client a comprehensive and advantageous settlement on a timely basis. If the insurance company can issue a settlement check with only a $96 deposit to initiate settlement, the claimant can expect to receive their settlement check in the mail within 30 days.

What to Do After a Pedestrian Accident

Taking the following steps helps ensure that everyone involved in the accident receives timely medical treatment and gathers evidence that may be needed in your legal case:

• If you can, stay at the scene and observe it with as clear a head as possible. If you are in immediate danger for any reason, try to get to safety.
• Contact the local authorities. This can allow you to get access to medical professionals if anyone was injured, and you will have law enforcement at the scene to assist with directing traffic.
• You'll want to get emergency personnel to the scene if you or anyone else was hurt in the accident. In many cases, the injuries may not be noticeable at first but can get worse over the next few days.
• Have the police write an accident report. As soon as the officers arrive, tell them exactly what happened. Once you receive a copy of the report, keep it in a safe place because your pedestrian accident attorney may need it as evidence in your claim. If you cannot get a copy of the report immediately, request the names and badge numbers of both officers that responded to the accident so that you can obtain a copy later.
• Take pictures of your injuries and the damage to your clothing. While your attorney will conduct an investigation on your behalf, it never hurts to get some of the work started on your own.
• If the person that hit you is on the scene, do not make any statements about the accident except answering direct questions from law enforcement. Refrain from providing your contact or insurance information or having an amicable conversation with the driver at the scene. Your adrenaline is running high, and in many cases, you may not realize just how hurt you are if you are an injured pedestrian. Because of that, we have had many clients admit they are “OK” or refuse medical treatment at the scene not knowing that it sometimes takes days to appreciate the consequences of the injuries they sustained in the accident.
• If anyone saw the accident, ask for that person's contact information, including their phone numbers and what they saw. If you are unable to do that, ask someone you trust to gather that information for you.
• Once you are able to, contact our office. We will meet with you at our location or at a hospital, police station, or your home. Wherever you need us to be, we'll be there.

Eligibility For Traffic Accident Injuries

The pedestrian may only be able to receive “no-fault” benefits if they are struck by a motor vehicle. This policy provides compensation for “reasonable and necessary” medical expenses and for a portion of lost wages. In many cases, the no-fault policies of all available defendants will be pursued immediately after the crash. Once the pedestrian does not medically qualify for further “no-fault” medical treatment, a “pain and suffering” claim can be filed against the defendant driver.

Because the insurance claim is filed with the driver's insurance, many people think they have to wait until the accident investigation is complete to receive money to cover their medical expenses. This is not true. No-Fault benefits are paid and reimbursed regardless of whether the other driver was at fault and you can, in fact, apply for no-fault benefits with your own auto insurance policy if you don't have one.

Representing Victims of Taxi, Uber, and Lyft Pedestrian Accidents

It is one of the scariest situations you find yourself in—standing at a curb and suddenly realizing a car has quickly crossed the sidewalk and is about to hit you. Large city streets, especially near bus and subway stops, can be very busy with commuter traffic. While some streets have designated bicycle lanes, they become “grab” lanes for delivery trucks and tour busses who think nothing of driving in a lane they are not intended to be using.

What does this mean? People walking the sidewalks, waiting for buses, and those getting off buses are frequently at risk for pedestrian accidents in New York City. And the drivers that hit them try to avoid taking responsibility. “I didn't see you.” “You walked into the vehicle.” “You were not walking on the sidewalk.” “You ran out from between two parked cars.” We have heard all the excuses and have responded with results for the people hit by taxis, Ubers, and Lyfts throughout the New York City area.

Schedule a Consultation with a New York Pedestrian Accident Lawyer

Each pedestrian accident case is different and deserving of specific attention. Contact an experienced Flanzig & Flanzig attorney today by calling our office at (888) 290-5994 or follow this page to schedule a consultation. We offer Our team will review your case and guide you through all stages of the legal process.