Pedestrian accidents are far too common in New York. These types of accidents can have a devastating impact on their victims. When a car or other vehicle strikes an unsuspecting walker or jogger, serious or even deadly injuries can result.
Unfortunately, Long Island is home to some of the most deadly roads in the state for pedestrians. There are a large number of cars commuting on Long Island roadways on any given day. Many of these roads lack the safety features that would otherwise protect pedestrians from being struck by vehicles.
As a Long Island pedestrian accident attorney can explain, there are challenges associated with recovering after this type of crash. However, with a knowledgeable lawyer by your side, you can achieve the best possible outcome for your case.
New York’s Most Dangerous Roads
News 12 recently ran a piece on the ten most unsafe roads for pedestrians in the state of New York. Of these roads, seven are on Long Island — demonstrating the need for improvements to our roadways and traffic systems to protect pedestrians and bicyclists.
The seven dangerous roads on Long Island include Middle Country Road, Sunrise Highway, Route 110, Wicks Road, Jericho Turnpike, Hempstead Turnpike, Sunrise Highway and Merrick Road. Rounding out the list were Broadway in Manhattan, Queens Boulevard, Woodhaven Boulevard and Atlantic Avenue in Brooklyn.
Jericho Turnpike (also known as State Route 25) is the deadliest area for pedestrians, according to this report. From 2010 to 2012, the Tri-State Transportation Campaign reported that 16 people were killed along the Jericho Turnpike in Suffolk County. Approximately half of the deaths occurred on an 11.5 mile stretch between Centereach and Ridge.
This road is designed to move a high volume of traffic quickly through residential and commercial areas, yet has few safety measures that are designed to protect pedestrians. Simple measures, such as crosswalks and pedestrian islands, could help to reduce the number of pedestrian deaths.
Downstate, approximately half of pedestrian deaths occur on roads like the Jericho Turnpike. According to the Tri-State Transportation Campaign, these type of roads make up just 14% of the roadways in the state of New York.
Previously, Hempstead Turnpike (Route 24) in Nassau County was considered the most dangerous road in New York. This 16 mile stretch of road is routinely listed as one of the most unsafe roads for pedestrians in the tri-state survey.
New York Laws on Pedestrian Accidents
There are few things more frightening than being hit by a car, truck or SUV when you are walking, jogging, or running alongside a road, or attempting to cross the street. Unfortunately, this happens far too often in New York. According to the New York Department of Health, there are an average of 12,506 emergency department visits each year due to motor vehicle traffic-relation pedestrian injuries. Each year, there are an average of 312 deaths due to these accidents.
If you have been hurt in a pedestrian accident, working with a skilled lawyer can help you recover the money that you deserve for your injuries. In New York, there are a number of laws that govern personal injury claims. If these rules are not followed, your claim may be denied.
First, the statute of limitations governs all personal injury claims in New York. Generally, you will have two years from the date of a pedestrian accident to file a lawsuit against the responsible party. However, if the person responsible is a government employee — or if a governmental entity is liable for your injuries — then there are different time limits.
Second, New York law requires you to prove that the driver was negligent in causing your injuries. While this may seem obvious in a case where a driver hit a pedestrian, there are many factors that could go into a determination of negligence. For example, if you were on your phone and not paying attention when you stepped out into the street, that may reduce the amount of compensation that you are entitled to recover.
This is known as comparative negligence. In New York, if you are partially at fault for an accident, your recovery will be reduced by the percentage that you are at fault. In the example above, if a jury determines that you are 30% at fault for the accident by stepping out into the street without looking, and awards you $90,000, your recovery will be reduced by 30%, or $30,000. That will leave you with a total award of $60,000.
How a Long Island Pedestrian Accident Attorney Can Help
If you have been hurt in a pedestrian accident, you are likely overwhelmed with stress, anxiety and pain. The thought of dealing with a legal claim may be too much to handle. Winkler Kurtz, LLP can help. For over 25 years, our dedicated team of legal professionals has worked with victims of all types of accidents to help them recover the compensation that they deserve for their injuries. Call us at 631-928-8000 or contact us online to schedule a consultation with an experienced Long Island pedestrian accident attorney.