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Winkler Kurtz LLP

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  • Home
  • About Us
    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
      • Lindsey M. Albinski
      • Janet L. O’Hanlon
      • David S. Pollack
      • Daniel E. Brickley
  • Practice Areas
    • Personal Injury
      • Motor Vehicle Accidents
        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Serious Injuries
      • Workplace Injuries
        • Scaffolding and Ladder Falls
        • Struck By Object
        • Machinery / Equipment Injuries
        • Construction Accidents
      • Medical Malpractice
        • Birth Injuries
        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
        • Surgical Errors
        • Hospital Negligence
        • Failure to Diagnose
      • Slip and Fall Injuries
      • Wrongful Death
    • Divorce & Family Law
      • Child Custody & Visitation
      • Divorce Mediation
      • Equitable Distribution
      • Child Support
      • Orders of Protection
      • Spousal Support
      • Divorce & Family Law FAQ
    • Wills Trusts & Estates
      • Estate Planning
      • Elder Law
      • Powers of Attorney
      • Probate
      • Estate Administration
      • Wills & Trusts
      • Wills & Trusts FAQ
    • Real Estate
  • Case Results
  • Testimonials
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Pedestrian Accidents

In an average year, 312 New Yorkers die each year in pedestrian accidents. An additional 3,027 are hospitalized and 12,506 New Yorkers visit the emergency room as a result of pedestrian accidents. While many of these accidents occur in New York City, pedestrian accidents can and do occur throughout the state — including right here in Long Island.

Pedestrian accidents can lead to devastating injuries. When a car, truck, or other motor vehicle strikes a person, the results can be catastrophic. Unfortunately, the rate of distracted driving and other poor driving practices only seems to be increasing. As a result, the overall number of pedestrian accidents seems to be rising as well. The National Highway Transportation Safety Administration (NHTSA) reports that 5,987 pedestrians were killed in traffic accidents across the country in 2016, increasing 9% from 2015 — a pedestrian was killed every 1.5 hours.

At Winkler Kurtz, LLP, we have more than 75 years of combined experience helping clients who have been injured in pedestrian accidents and other types of accidents. We are fierce advocates for our clients, working with them to help establish their right to compensation for their injuries.

How New York Law Protects Pedestrians

Under New York law, both drivers and pedestrians have a responsibility to remain alert when walking and driving. In addition to specific regulations in place in various towns and cities across New York, statewide laws provide guidelines on right of way. A traffic violation may be used to establish fault in a pedestrian accident case, particularly if a driver failed to yield to a pedestrian’s right of as required by the law.

Under the New York State Vehicle and Traffic Law, in the absence of a traffic signal, pedestrians are afforded the right of way over motor vehicles. In addition, any driver that must cross a sidewalk, driveway or parking lot must yield to pedestrians on that walkway. In other words, if you are walking along the sidewalk and a car attempts to make a turn into the alley or into a parking lot (across the sidewalk), it must allow you to pass.

However, there are laws that favor drivers. Another section of the New York State Vehicle and Traffic Law requires pedestrians to yield to the right of way of drivers in any roadway, except in marked crosswalks or unmarked crosswalks in intersections. This means that drivers have the right of way unless there is a crosswalk, or an unmarked crosswalk at an intersection.

This second section is often used by defense lawyers to establish comparative fault on the part of the pedestrian. As a Long Island pedestrian accident attorney can explain, comparative fault is a concept that reduces a victim’s compensation by the percentage that they are at fault. For example, if you crossed the street outside of the crosswalk and were hit by a speeding car whose driver was texting while driving, you are partially at fault because you did not give the driver the right of way. The jury might decide that you were 10% at fault, while the driver was 90% at fault. If your total damages award was $100,000, it would reduce the amount to $90,000. The question of comparative fault can be complex, and will vary based on the facts of your case. Working with a skilled Long Island pedestrian accident attorney can help you determine whether you have a viable case, as well as your options for moving forward.

How a Long Island Pedestrian Accident Attorney Can Help

If you have been hurt in a pedestrian accident, you are likely overwhelmed by the prospect of recovering from your injuries, time off of work, mounting bills, and covering your daily expenses. Working with a Long Island pedestrian accident attorney can ease this stress by allowing you to focus on your health while we work towards a financial recovery.

Pedestrian accident cases can be complicated, and many involve factors such as hit and run drivers or the need to file a claim against a business or government. An experienced lawyer can investigate every aspect of your case to determine the best path forward in order to maximize your compensation.

Winkler Kurtz, LLP is here for victims of pedestrian accidents. For more than 30 years, we have represented victims of all types of accidents throughout Long Island. We have substantial trial experience, and will stand by you through every phase of your case. Contact us today by phone at 631-928-8000 or via contact us online to schedule a consultation with an experienced Long Island pedestrian accident attorney.

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Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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Winkler Kurtz, LLP
1201 Route 112, Suite 200
Port Jefferson Station, NY
11776

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