Pedestrian Accident Attorney in Schenectady, NY

Pedestrian accidents occur when a motor vehicle, such as a car, truck, bus, or motorcycle, collides with a pedestrian. These accidents can cause significant injuries to the person who was struck by the vehicle, particularly if the vehicle was traveling at high speeds. However, even a low-speed impact can result in life-changing injuries, as pedestrians may sustain spinal cord or traumatic brain injuries upon hitting the ground.

If you were hurt in a pedestrian accident, contact Dalmata, Maloy, & Burke, LLP for a free, no-obligation case review with a highly experienced Schenectady pedestrian accident attorney. During your initial consultation, we will review the details of your case and walk you through your options to seek the compensation you need for your medical bills, lost wages, and other related expenses.

You pay nothing upfront for us to begin working on your pedestrian accident case, and there are no fees unless we successfully resolve your matter.

How a Schenectady, NY, Attorney Can Help with Your Pedestrian Accident Claim

DMB Legal can help with your pedestrian accident claim by handling it from start to finish. Rather than worrying about dealing with insurance companies, you can focus on your medical treatment and recovering from your injuries.

Our lawyers will begin by investigating the incident to identify the parties at fault. While it may seem obvious that the driver who struck you is at fault, there could be additional parties that contributed to the accident, and holding them all liable is the best way to maximize your compensation.

As part of our investigation, we’ll gather various types of evidence, including accident scene photographs, traffic camera footage, and eyewitness statements. In some cases, we may also hire experts to testify about specific aspects of the case, such as a medical professional to testify about your injuries or a vocational specialist to testify about their impact on your ability to work.

Finally, our attorneys will file your insurance claims and negotiate with the insurance companies for fair settlements. If fair settlements can’t be reached and your injury qualifies, our team is prepared to file a pedestrian accident lawsuit and take your case to court to seek the compensation you need.

At DMB Legal, we have a proven track record of success for accident victims in New York’s Capital Region. Because our clients trust us and know we’ll treat them well, they regularly come back to us when they need further legal assistance. That trust stems from the fact that we provide personalized representation and emphasize close client relationships, ensuring you won’t feel like just another case number.

Reach out to DMB Legal today for your free, confidential case evaluation and discover the difference we can make for you.

Who Can Be Held Liable for a Pedestrian Accident?

In many pedestrian accident cases, the driver of the vehicle who struck the pedestrian is at fault for the incident and may be held liable. However, they are not the only party that could be at fault. Other parties may include the following:

• Vehicle manufacturers, if a defective product, like faulty brakes, caused the accident
• Vehicle maintenance providers, if poor maintenance caused a part failure that led to the accident
• Government entities, if poor road maintenance, such as damaged road surfaces, missing crosswalks, or malfunctioning traffic lights, played a role in the collision

It’s important to keep in mind that New York is a no-fault car insurance state. This means that your first option for recovering compensation for a pedestrian accident injury is to file a personal injury protection (PIP) claim with your own auto insurer, if you have one. However, if your injuries are serious or your medical expenses and lost wages exceed your policy limits, you can then seek to hold the at-fault parties liable for the harm they caused. If you have no auto insurance, the at-fault party’s PIP insurance will cover your injuries up to their policy limits.

What Types of Compensation Could Be Available in a Pedestrian Accident Lawsuit?

Through a claim against your PIP insurance coverage, you can seek compensation for past and future medical expenses, lost wages, and other out-of-pocket expenses. New York requires that all drivers have PIP coverage of at least $50,000.

If your injuries meet New York’s “serious injury” requirement, you can seek additional pedestrian accident compensation through a lawsuit against the at-fault driver’s liability insurance.

Such a lawsuit may pursue compensation for property damage, physical pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability. The minimum liability coverage drivers must have in New York includes $25,000 per person and $50,000 per accident for bodily injuries they cause, and $10,000 per accident for property damage.

When you meet with our Schenectady pedestrian accident law firm, we can assess your case to determine the compensation you may be eligible to pursue as part of your lawsuit.

How Long Do I Have to File a Pedestrian Accident Lawsuit in New York?

New York’s statute of limitations gives injured pedestrians three years to file personal injury lawsuits against the parties that caused their injuries. A pedestrian accident lawyer in Schenectady can file your lawsuit(s) on your behalf to make sure you don’t miss the deadline. Missing the deadline will result in the courts preventing you from recovering the compensation you need for your injuries.

What to Do After a Pedestrian Accident

After sustaining injuries in a pedestrian accident, you should take the following steps to strengthen your case and protect your rights:

• Continue Medical Treatment – Always follow up with your medical treatment. If you stop your treatment early, the insurance companies handling your case may view it as evidence that your injuries weren’t severe and may deny coverage.
• Track Medical Bills – Keep track of all medical and other bills related to the accident. These bills are crucial for calculating the value of your case.
• Avoid Admitting Fault – Do not admit fault for the collision to the police or the insurance adjusters. If an insurance adjuster contacts you, politely decline to speak to them until your lawyer is present.
• Keep a Pain Journal – Writing down your daily pain levels and how your injuries affect your ability to perform routine activities can help establish the impact your injuries have on your life.
• Consult a Pedestrian Accident Lawyer – It is always in your best interest to hire a pedestrian accident lawyer to handle your case. Lawyers have experience dealing with insurance companies and can maximize your compensation through aggressive negotiations.

How Many Pedestrians Are Killed in New York State and the East Central New York Region Each Year?

The New York Department of Health reports that pedestrian accidents are among the top 10 leading causes of injury-related hospital admissions and deaths in the state. These accidents are also responsible for about 300 deaths and 15,000 injuries each year.

New York also tracks how many pedestrians are killed in Schenectady and other counties. Over a five-year period, Schenectady County averaged 1.6 pedestrian fatalities annually. During that same period, the county also averaged 77.2 pedestrian accidents resulting in injuries.

What Are the Main Causes of Pedestrian Accidents?

The leading causes of pedestrian accidents are related to driver error. However, drivers aren’t always responsible for these accidents. Some of the most common causes include the following:

• Distracted, Intoxicated, and Drowsy Driving – Drivers who are distracted, intoxicated, or fatigued are less likely to see pedestrians in the road and may have slower reaction times, causing them to strike pedestrians even if they do see them.
• Speeding and Aggressive Driving – Speeding and other forms of aggressive driving, like swerving between lanes to get around traffic, can increase the chances of a driver hitting a pedestrian because the driver cannot react in time.
• Failure to Yield the Right-of-Way – Pedestrians have the right-of-way when legally crossing the road in a crosswalk. Drivers who attempt to go through intersections while a pedestrian is crossing may be liable for the resulting harm.
• Poor Visibility Due to Weather – Rain, snow, and fog may obscure pedestrians from sight. However, it’s a driver’s responsibility to slow down when visibility is poor.
• Poor Road Conditions – Large potholes, faded crosswalk lines, and malfunctioning traffic signals can contribute to pedestrian accidents.
• Turns at Intersections – When turning, drivers may check to make sure there aren’t pedestrians directly in front of them as they enter the intersection. However, they may not notice pedestrians crossing as they leave the intersection and head in a new direction.

What Are Common Injuries Someone Can Sustain in a Pedestrian Accident?

Pedestrian accident injuries can be severe and life-changing. Common injuries seen in pedestrian accident victims are:

• Traumatic Brain Injuries – TBIs occur when the brain strikes the inside of the skull after an impact, potentially causing permanent cognitive and physical impairment.
• Spinal Cord Injuries – Damage to the spinal cord can leave victims partially or completely paralyzed.
• Abrasion Injuries – Victims may sustain skin abrasion injuries from sliding across the pavement after being struck by a vehicle.
• Broken Bones – Broken arms, legs, and ribs are common among pedestrian accident victims, caused by both the impact with the vehicle and with the ground.
• Internal Organ Damage – The blunt force trauma of being struck by a vehicle can rupture internal organs and cause severe internal bleeding.
• Soft Tissue Injuries – Muscles, ligaments, and tendons can be sprained or torn in a pedestrian accident, causing long-term mobility issues.