A pedestrian is not protected like a driver in a car. There is no outer frame, no seat belt, and no airbag. The pedestrian's body takes the full force of an impact. As a result, the injuries a pedestrian faces can be catastrophic in nature. Injuries common in a pedestrian accident claim include:

• Death
• Traumatic brain injuries and severe concussions
• Broken or fractured bones
• Crush injuries
• Loss and damage to organs
• Amputation and loss of limbs
• Spinal cord injuries
• Total or partial paralysis injuries
• Head injuries causing cognitive deficiencies, memory loss, and other brain damage

These types of injuries and many others could result from a pedestrian accident. The pedestrian injury lawyers at Roth & Roth know how to give you the help you need.

Always focus on your health and well-being first. Get medical attention and ensure you are safe before thinking about anything else. Once you are safe, try to document everything you can. Write down what you remember as soon as you can to ensure you don't miss out on the small details you may forget later. Other things you can do to help your personal injury case include:

• Writing down the names and telephone numbers of any witnesses
• Getting a copy of police reports or narratives
• Taking pictures of your injuries or damage
• Taking pictures of what caused you to be injured- a car, truck, bicycle, etc.
• Retaining all medical bills, records, and invoices
• Getting the negligent party's contact information and insurance information

This information and anything else you collect can help your attorney prove the case later. 

To win a pedestrian accident case you need to prove negligence. This is best done with the help of a pedestrian accident law firm. Negligence is a complex legal concept that requires you to prove that the defendant is liable to you for monetary damages. To prove negligence, your attorney will help to prove:

• The defendant owed you a reasonable duty of care
• The defendant violated that duty because of their actions or inactions
• That breach caused the accident
• The negligent conduct of the defendant  caused your injuries

It is essential that you prove each of these elements to win a pedestrian accident claim. A pedestrian injury attorney knows what it takes to successfully prove a case.

Every case must be proven in order to be successful. This requires evidence that the defendant was negligent and caused your injuries. Evidence commonly used to prove pedestrian accident cases like yours includes:

• Police reports
• Insurance reports
• Medical bills, costs, and invoices
• The defendant's statements or testimony
• Eye-witness accounts and testimony
• Audio or video recordings of the pedestrian collision
• Medical testimony
• Expert reports and testimony
• Economic damages assessments
• Lost income reports

This is simply a short list of the possible evidence in your case. Every case is different and needs careful analysis by a trained pedestrian injury attorney. Let our firm assist you in investigating and proving your pedestrian accident claim.

All negligence including pedestrian accident claims use the preponderance of the evidence standard to prove the claim. This means that the plaintiff must show that their allegations are more likely true than not true. Explained another way: the injured party must convince the jury by at least 51% that their version of events is the correct version and that they are entitled to financial compensation.

This standard is lower than that used in criminal cases, the beyond a reasonable doubt standard. However, it is still a high burden and one that is not easily met without qualified legal assistance. Dedicated pedestrian accident attorneys know what it takes to prove the claim by the applicable standard of proof.

New York Civil Practice Law & Rules Section 214 requires most pedestrian accident cases to be filed within three years of the date the accident happened. If you fail to file by this date, the case will be dismissed. This dismissal would mean that you are denied compensation even if your case should otherwise have been successful. 

Other claims may have a much shorter deadline. Claims against the City of New York, New York City Transit Authority (NYCTA), or the Metropolitan Transportation Authority (MTA) are subject to a 90-day notice of claim period. Within that time, you must file a special notice that outlines the details of the claim. This notice has very specific requirements that, if not met, may result in the dismissal of the claim.

To avoid any potential late filing issues, it is best to approach a New York pedestrian accident attorney right away. The sooner you reach out the sooner we can start prosecuting your case. We do not want you to lose your opportunity to win financial compensation on a technicality.

In New York City, as well as across the State of New York, after successfully proving the defendant was negligent, you may be entitled to a major financial award. This compensation is meant to help you move past your injuries, recover, and get compensated for all that you have been through. The legal process attempts to make you whole. Compensation will often include, but is not limited to:

• Pain and suffering
• The value of the injury/s
• Damages for wrongful death
• Rehabilitation costs and services
• Lost income from missing work
• Lost earning capacity if you had to change jobs
• Medical treatment, both past, and future
• Costs of adapting a home or vehicle for disabilities
• Loss of consortium (loss of companionship and support)

Compensation is meant to help you get back on track after an accident. It may compensate you for the suffering you have been through as well. You deserve full representation to seek all available monetary damages.

Proving the case with proper evidence takes a skilled attorney. Even missing one piece of key evidence may cause a perfectly valid claim to be denied. Evidence is subject to special rules that dictate how it must be presented. Key evidence may be excluded by the court if it is not presented correctly.

A pedestrian accident attorney is especially important when going up against large companies, insurance agencies, or even a governmental agency. These groups have powerful teams of attorneys that will try to take advantage of self-represented parties. Our attorneys know how to handle such tactics and fight against these powerful entities. You do not have to accept their low settlement offers or give in to the pressure they mount. We know how to handle your case and fight for the compensation you truly deserve.

At Roth & Roth, we are paid on a contingency fee basis. This means that we do not charge you anything unless we win compensation for you. The standard fee in the personal injury field is 1/3. The attorney fee is 1/3 of the monetary recovery/settlement plus reimbursement of all expenses and disbursements paid out on the case We take protecting your rights very seriously and we are confident in the work that we do. Our attorneys work alongside you every step of the way to help secure the best possible resolution of your case.

We know that you are already dealing with the high costs of medical bills, lost wages, prescription medications, and more. We will not pile onto that by charging you anything until you are awarded your due compensation. Our attorneys will protect your emotional, financial, and mental health at every step of this difficult time.