Queens Pedestrian Accident Lawyer
Because they lack the protection of an enclosed vehicle, pedestrians often suffer catastrophic injuries when they are involved in car accidents. If you were injured in a pedestrian accident in Queens, you may be able to recover monetary compensation for your injuries through a pedestrian accident lawsuit. For a free case review, reach out to our leading personal injury law firm. Our skilled Queens pedestrian accident lawyers are here to help.
Key Takeaways
- Pedestrians struck by motorists in Queens may have a right to file a personal injury lawsuit, even if they were partially at fault for the accident.
- New York has numerous laws in place to protect pedestrians.
- The New York personal injury statute of limitations governing pedestrian accidents is normally (but not always) three years.
- Our pedestrian accident attorneys can ensure that you file your case on time and gather evidence to secure full and appropriate compensation.
Table of Contents
- How Can Our Queens Pedestrian Accident Lawyers Help?
- Is Queens a Dangerous City for Pedestrians?
- If a Driver Hits You in Queens, Can You Sue?
- How Does Fault Impact Compensation in a Queens Pedestrian Accident Lawsuit?
- Are There Any Laws that Protect Pedestrians in Queens?
- How Long Do You Have to Sue the Driver That Caused Your Injuries in Queens?
- Contact Our Experienced Queens Pedestrian Accident Lawyers
How Can Our Queens Pedestrian Accident Lawyers Help?
At Lever & Ecker, PLLC, our Queens personal injury attorneys take a hands-on approach to every client’s case, guiding them through each step of the legal claims process. With over 70 years of combined experience and a 99 percent success rate, our firm treats every case as the most important thing in our office.
Pedestrian accident victims who choose Lever & Ecker to handle their claims can expect top-tier legal representation and an open line of communication. Though we are able to settle most cases, and do so highly favorably for our clients, our attorneys are always prepared to go to trial if necessary. With deep legal expertise and unwavering devotion to our clients, our legal team has recovered millions of dollars in settlements and verdicts for our clients, including many injured in pedestrian accidents.
David B. Lever
Founding Partner
Because we recognize the significant impacts that can result from a pedestrian accident, it is our privilege to represent our pedestrian accident clients, devoting our utmost attention to their cases and fighting diligently to secure the maximum recoveries they deserve.
Insurance Companies Don’t Play Fair. We’re here to level the playing field victims in Queens
You may be entitled to compensation.
Our Case Results
Our attorneys consistently handle pedestrian accident cases successfully, recovering substantial settlements and verdicts on their behalf. Some of our high-value pedestrian accident case results include:
Committed to Helping Our Clients Injured in Pedestrian Accidents
With a proven track record of success, Lever & Ecker’s attorneys are committed to helping pedestrian accident victims. We understand the impact a serious injury can have on a person’s life. Our goal is to simplify the legal process for you so you can focus on healing. Our Queens pedestrian accident attorneys have a deep knowledge of hazards that can contribute to accidents in New York and are fully prepared to build the strongest possible case on your behalf.
Is Queens a Dangerous City for Pedestrians?
According to the New York City Department of Transportation (NYCDOT), pedestrian fatalities in New York are trending downward. They decreased by 10 percent between 2014 and 2021. By contrast, pedestrian fatalities nationwide increased by over 50 percent in the same period. Even so, the NYCDOT reported 119 pedestrian fatalities in 2022.
In 2020, Queens accounted for 28 percent of the city’s total pedestrian fatalities, with 145 people killed or severely injured in pedestrian accidents. Queens hosts about 27 percent of New York City’s total population, so the fatality rate is roughly proportional to population. Across the entire city, 511 people were killed or severely injured in pedestrian accidents in 2020.
If a Driver Hits You in Queens, Can You Sue?
Injured pedestrians can take legal action against negligent drivers who hit them. Pedestrian accident victims may be entitled to economic and non-economic damages to compensate them for their losses. Depending on the circumstances of the accident, they may also be entitled to punitive damages designed to punish defendants for egregious misbehavior.
Can Pedestrians Share Blame for the Accident?
New York courts evaluate comparative negligence in car accidents, meaning that plaintiffs can recover damages even if they were partially at fault for an accident. If you were partly responsible for an accident as a pedestrian—for example, by crossing the street illegally—your compensation will be reduced in proportion to your percentage of fault, as determined by the jury. Our attorneys can work to maximize your compensation by countering wrongful allegations of fault against you.
Partner
If you were crossing the street outside of the crosswalk in the middle of the roadway at night and it was difficult for you to be seen, but the driver still had the opportunity to avoid the collision and see you, a jury could find that both you and the driver were negligent. In such cases, you could still recover compensation for your injuries.
How Does Fault Impact Compensation in a Queens Pedestrian Accident Lawsuit?
When it comes to car insurance, New York is a no-fault state. This means injury victims have personal injury protection (PIP) coverage available to them, which coverage applies regardless of who caused the accident. Mandatory PIP covers “basic economic losses” and may be available through a policy held by you, a household member, or the driver who hit you.
However, if you suffer a “serious injury” as defined by law, you can also file a fault-based personal injury lawsuit. Unlike no-fault, compensation for non-economic losses like pain and suffering can be pursued through a personal injury lawsuit.
Again, shared fault can impact the total compensation available in a pedestrian accident lawsuit in Queens. Thus, if you are partially responsible, your compensation will be reduced accordingly.
Are There Any Laws that Protect Pedestrians in Queens?
New York Vehicle and Traffic Laws feature multiple protections for pedestrians in Queens and across the state. Key pedestrian protection laws in New York include:
- Section 1151-a – This law gives pedestrians the right of way on sidewalks. Drivers emerging from or entering an alleyway, building, private road, or driveway must yield the right of way to any pedestrian approaching on the sidewalk extending across the roadway.
- Section 1146 – This law requires drivers to exercise due care to avoid colliding with pedestrians and to warn them by sounding their horn when necessary. Any driver who seriously injures a pedestrian by failing to exercise due care is guilty of a traffic infraction potentially punishable by fine and imprisonment.
- Section 1153 – This law outlines provisions relating to blind and visually impaired pedestrians. All drivers approaching intersections and crosswalks must yield the right of way to any pedestrian crossing with a guide dog or designated walking cane.
How Long Do You Have to Sue the Driver That Caused Your Injuries in Queens?
After a pedestrian accident in Queens, you typically have three years from the date of injury to file a lawsuit under the New York personal injury statute of limitations. Exceptions exist, such as in situations involving wrongful death, suits against government agencies, and plaintiffs who are minors or disabled. In some cases, the deadlines to file suits and related claims are far shorter than three years Whatever the correct deadline or deadlines, if you miss them, you will be permanently barred from pursuing compensation in court. Our attorneys can determine the correct statute of limitations for your case and ensure that you file with time to spare.
Contact Our Experienced Queens Pedestrian Accident Lawyers
If you or a loved one have been injured in a pedestrian accident in Queens, Lever & Ecker can help. Our award-winning Queens personal injury lawyers are motivated by helping pedestrian accident victims, working to change their lives for the better. Contact us online or call (347) 391-6337 to schedule your free consultation with our skilled Queens pedestrian accident lawyers today.
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