Brooklyn is one of the most walkable places in America, which is great for running errands and commuting to work without the hassle of having a car in the city. However, pedestrians face significant dangers while walking around our borough due to the negligence of drivers who are distracted, reckless, or simply make a mistake.
This article will discuss the common occurrence of a pedestrian hit by a car in Brooklyn and how to handle this situation if it happens to you.
Pedestrian Hit by Car Statistics
Pedestrian injuries and deaths are on the rise in Brooklyn and throughout New York City. From the start of the year through August 8, we’ve had 67 pedestrian deaths, which is a 15.5 percent increase from 58 during this same period of time last year. One particularly troubling part of Brooklyn for pedestrians is the Brownsville neighborhood. This neighborhood has seen at least 154 crashes that have injured 12 pedestrians since July 2018.
Another big problem area is around Church Avenue and Ocean Parkway, which is a pedestrian-heavy area where cars are accessing the Prospect Expressway. At least 102 people have been seriously hurt at the Church and Expressway intersection over the past five years. New York roadways have also been very deadly places for cyclists and other drivers this year.
What to Do Immediately After You’ve Been Hit
Understandably, pedestrians are caught off-guard when a fast-moving car comes veering at them, which causes many victims to go into a state of shock. Therefore, it is a good idea to familiarize yourself now with the steps to do after you’ve been hit in case this should ever happen to you in the future.
Your health is the most important thing after you’ve been hit by a car, so seeking immediate medical attention should be your top priority. Document your injuries as soon as you are able in order to establish a record of what body parts were affected.
It is also important to call the police right away, even if your injuries initially seem minor. This is because you may still be in shock from the impact or not thinking clearly, and then injury symptoms worsen over time. While waiting for the police to arrive, do not discuss who was at fault with the driver or the driver’s insurance company. However, you will want to contact your own insurance company and a local pedestrian injury attorney to protect your rights and file a claim.
Making a Claim Against the Driver
In many situations, Brooklyn pedestrians have great cases against drivers who hit them, so these are cases worth pursuing. A driver is almost always found to be at fault for hitting a pedestrian in a crosswalk or who had a walk signal while crossing a road. However, liability may fall with the pedestrian if the pedestrian was jaywalking or running across the road to beat traffic.
In addition to making a claim against the driver, it is also possible for an injured pedestrian to pursue legal action against the city because of a broken traffic light, missing stop sign, or other unsafe road condition under the city’s control that may have contributed to the accident.
Who Should Pay Your Medical Bills?
The human body is no match for a moving vehicle, which is why any pedestrian is fortunate to survive being hit by a car. Some of the most common injures that pedestrians experience are concussions, hemorrhages, scalp lacerations, contusions, spinal cord injuries, and broken bones. All these injuries are very costly to seek medical treatment for, which is why you need a pedestrian accident attorney to pursue the driver’s insurance company for damages.
New York is a “no fault” state for auto insurance, which means the driver’s auto insurance company will likely pay some or all the injured pedestrian’s medical bills. “No fault” standards generally ensure that an insured person is reimbursed by his/her insurance company for damages no matter who was at fault for the accident. However, you may need to file a claim within 30 days from the accident to receive these benefits.
Brooklyn Legal Help for Pedestrian Car Accidents
Jeffrey K. Kestenbaum is an experienced in pedestrian hit by car accident cases in Brooklyn. Our law office has helped many pedestrians pursue cases against drivers and receive the compensation they deserve to help cover their medical bills, pain and suffering, and lost wages from missing work.
If you’ve been hit by a car, call our office today at 718-237-5586 and we will schedule your free consultation. Being struck as a pedestrian is a traumatic experience, so let us fight for you and make Brooklyn a safer place to walk and live.
