A pedestrian accident can leave you grievously injured and dealing with high costs. When drivers fail to respect pedestrians' right of way, those on foot can be badly injured. They may even be killed as a result of the accident. A driver's negligence, or the negligence of someone else, may entitle you to compensation through a personal injury lawsuit. These cases may yield significant financial compensation for you and your family.

A skilled New York City pedestrian accident lawyer has what it takes to fight for your rights and pursue compensation. The team at Roth & Roth is qualified to investigate your claim and seek redress for damages like medical bills, pain and suffering, lost income, and much more. You have rights as a pedestrian. Anyone who violated those rights may be financially responsible for the harm they caused. 

Roth & Roth has been successfully representing individuals and families throughout the State of New York for over 25 years. If you or someone you know was injured or killed in New York due to someone else's wrongdoing, contact us to discuss your options. Consultations are always free and we never get paid unless and until you do. 

After a pedestrian accident in the City of New York or anywhere else in the State of New York, you may be wondering what to do next. Not only are you dealing with the physical injuries and pain caused by the accident, but you are also handling the financial burden as well. Your life has been turned upside down. A dedicated NYC pedestrian accident attorney can provide you with the advice and assistance needed to move forward with your case.

A personal injury case requires you and your attorney to prove negligence. Proving the case is best left to the experienced attorneys at Roth & Roth. The personal injury process is complicated and requires investigation, fact-gathering, dealing with insurance companies, compliance with procedural rules, evidentiary rules, and specific filing deadlines. Our firm takes pride in representing injured pedestrians like you in your fight against a negligent defendant, large insurance companies, and even the government.

Pedestrian accidents can happen anytime and anywhere. All across the State of New York people walk to get to where they need to go. In the City, pedestrian traffic is very high. Millions walk to work, the store, and other locations rather than drive the City's busy streets. Pedestrians are granted specific rights under the law to protect them from harm. When others fail to properly protect those rights, their negligence may make them financially liable for the injuries that a pedestrian suffers.

Common causes of pedestrian accidents include, but are not limited to:

  • Distracted drivers (texting, calling, etc.)
  • Intoxicated drivers
  • Failing to yield to a pedestrian in a crosswalk
  • Speeding or reckless driving
  • Running a red light or stop sign
  • Falling objects that strike a pedestrian
  • Bicycles striking pedestrians on the sidewalk
  • Failure to follow traffic laws

One of these common causes may be why you were injured or it may be another cause. Our firm has what it takes to investigate and prove your claim to seek compensation in your case. 

What injuries are common in a New York pedestrian accident case?

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.

What should I do after a pedestrian accident in New York?

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. 

What is negligence and how do I prove it?

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.

What evidence is used to prove a pedestrian accident claim?

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.

What is the standard of proof for NYC pedestrian accident cases?

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.

How long do I have to file my New York City pedestrian accident case?

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.

What kinds of damages are available in a pedestrian accident lawsuit in New York City?

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.

Do I need a New York City pedestrian accident attorney?

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.

How much does a New York City Pedestrian accident lawyer cost?

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.

At Roth & Roth, we go to battle for our clients' rights every day. Across the State of New York, whether in the conference room or the courthouse, we are there to seek compensation for you. A pedestrian accident may have left you dealing with major injuries and high costs, but you are not alone in this. You need an attorney who is concerned not only with the outcome of your case but with your needs as an individual as well.

Our experienced New York pedestrian accident lawyers have what it takes to represent your rights. We have represented injured individuals and their families throughout New York for years decades. Let us put that experience and dedication to work for you

Our experienced New York pedestrian accident lawyers have what it takes to represent your rights. We have represented injured individuals and their families throughout New York for decades. Let us put that experience and dedication to work for you. Contact us today. 

“Roth & Roth were very helpful. They always made me feel comfortable and at ease. They prepared me very well so I wasn’t nervous. I have recommended Roth & Roth to members of my family. And what’s more, I’m happy that even after my case was settled, they still took the time to answer any questions I had.”
Roth & Roth Client
“Roth & Roth fully prepared us during the case and put my family at ease through each step in the case. I would definitely recommend Roth & Roth to anyone who needs caring, competent attorneys who will get the best result and treat you like a person while doing so.”
Roth & Roth Client
“Roth & Roth handled my personal injury case efficiently, satisfactorily and with expertise. I was kept informed every step of the way. I appreciated their support and guidance. All calls were always returned. They were always willing to listen. I was kept apprised of everything about my case. I will recommend Roth & Roth to anyone in need of an attorney.”
Roth & Roth Client
“It was a good experience working with Roth & Roth. They cared about me and the outcome of my case. David is magnificent! Audra is sweet and caring. If I needed to call, and the person was not in, someone always got back to me. I always felt they cared about me.”
Roth & Roth Client
“Working with Roth & Roth was a wonderful experience and felt like they were like family … like my relatives. When David was busy, I spoke to Audra. When Audra was busy, I spoke to David. Everything was explained to me – and no matter how many times I asked the questions, they gave me the answers in a way I would understand.”
Roth & Roth Client
“David Roth is a hard worker. I worked with Audra when she joined the firm. Everything was explained to me and they always answered any questions I had. They were always available for me. I have some friends who looked for lawyers and I recommended Roth & Roth. I will always recommend them.”
Roth & Roth Client