PEDESTRIAN ACCIDENTS AND FATALITIES ON THE RISE IN 2022 By Michael Joseph on April 24, 2022

Our New York City personal injury lawyers and White Plains pedestrian accident attorneys provide legal analysis of recent events in New York City involving accidents that result in personal injury and death. 

PEDESTRIAN FATALITIES ARE ON THE RISE 

According to data complied by the Gothamist there were 55 pedestrian deaths resulting from car accidents in the first quarter of 2022, which represents a 44% increase from the same time period in 2021. This is the deadliest start to any year since 2014, despite the vision zero initiative which was intended to improve safety for pedestrians on New York City streets. Our New York City pedestrian accident lawyers who fight for pedestrians that are hit by cars know that pedestrian accidents are entirely preventable and that New York State and New York City have laws that are intended to protect pedestrians, and prevent pedestrian accidents from occurring, including regulations that give the pedestrian the right of way over a car that is turning and penalties that make it an offense to negligently hit a pedestrian. Nevertheless the pedestrian fatality numbers continue to grow, especially in Queens, where there was a startling 125 percent increase compared to the same time period last year, and Manhattan which had a 120 percent increase in pedestrian fatalities. One recent incident occurred on Saturday April 24, 2022, when an elderly woman who was crossing the street was hit by a vehicle that was exiting a parking lot in Woodside, New York. The elderly woman is presently hospitalized and is in critical condition. Our Queens pedestrian accident lawyers know that vehicles exiting a parking lot and entering a roadway, have to yield to pedestrians that are crossing the street as well as vehicles that are already on the roadway. 

In another tragic incident this week, a brooklyn pedestrian was hit by a police car that was responding to a call. Our NYC lawyers who sue the police know that while police who are responding to a call are not required to follow the rules of the road, they can still be held liable for reckelessly causing an injury. Lawsuits against the City of New York involving police vehicles have special rules that are different than typical car accidents. For example, a notice of claim needs to be filed with New York City's Law Department within 90 days of the accident or the injured party will be barred from brining a lawsuit, unless they get permission to file a late notice of claim from the Court. Also a no fault application needs to be submitted within 30 days of the accident.

There was another tragic pedestrain accident this week, involving a hit and run in the Bronx, which left a pedestrian in critical conditions.  In this incident, a criminal stole a flat bed truck, and then while fleeing, hit the Bronx man who was crossing the street. Unfortunately, this type of accident happens too often. Our NYC pedestrian accident lawyers have extensive experience in representing people who are hit by stolen vehicles and or vehicles that flee the scene. In these cases our NYC hit and run lawyers are asked "Do I have a lawsuit if I was hit by a stolen vehicle". Our NYC hit and run accident lawyers know the frustration that people who are hit by criminals experience. The insurance for a vehicle that was used without the owner's authorization, such as a stolen vehicle, will not cover damages from an accident. However, that does not mean that someone who was injured in an accident caused by a stolen vehicle is out of luck. In these cases, either your own insurance company will provide benefits and compensation for your injuries, even though your car was not involved or the Motor Vehicle Accident Indemnification Corporation "MVAIC", will provide benefits and compensation for personal injuries. New York requires that every insurance policy that covers a car in New York State carry uninsured motorist benefits. This means that if you are hit by a stolen car or a car that fled the scene and cannot be identified, your own insurance company, including any car in your household, has to provide basic no fault benefits and compensation for personal injuries up to the limits of the insurance policy.  In New York, the no fault benefits provide payment of medical bills and compensation for lost wages.  If you do not own a car or there is no car in your household, then the MVAIC, a state fund, will provide these benefits and compensation for injuries up to $25,000.

In late February, 2022, on a Saturday evening, a 17 year old teenage pedestrian was struck and killed by a vehicle in Brooklyn while crossing King’s Highway at Avenue K. Despite the rules that are intended to protect pedestrians from being hit by cars, negligent drivers continue to hit pedestrians throughout the New York metropolitan area and continue to cause serious injuries and even death. 

The 73rd pedestrian killed this year, was a Bronx school girl on her way to school, when she was struck and killed by a delivery truck in the Morris Park section of the Bronx.  The accident happened while the truck driver was making a turn. Our NYC pedestrian accident attorneys know that under both New York State's Vehicle and Traffic Law and New York City's traffic rules and regulations, pedestrians have the right of way over turning vehicles, which means that the truck failed to yield the right of way to the pedestrian and likely failed to see her, which means he was negligent in his duty to see what there was to be seen.

New York City was not alone in experiencing tragic pedestrian accidents this month. Earlier this week, in Poughkeepsie, a  grandmother and child were hit by a garbage truck driver while crossing the street and were brought to Westchester Medical Center and subsequently died from their injuries.  

While pedestrians made up more than half of all fatalities, some of the fatalities involved cyclists and people using motorized vehicles, such as scooters and e-bikes. Our Westchester and NYC pedestrian accident lawyers will continue to seek compensation for those who suffer personal injuries when they are hit by a car, as well as the families of pedestrians who are killed in car accidents.

These statistics have resulted in a renewed call for better engineering with safer streets for pedestrians. In an effort to reduce the number of traffic related fatalities, Mayor Adams announced that New York City will spend more than $900 million over the next five years to expand bike lanes, provide physical barriers for bike lanes, designate bus lanes and implement other safety measures. 

Our pedestrian accident lawyers have decades of experience in representing pedestrians and their families in cases involving personal injuries and even death, after being hit by a car. 

 

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The Law Office of Michael H. Joseph, PLLC

Law Office of Michael H. Joseph, PLLC

The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over a decade. Our attorneys are members of several prestigious organizations, including: 

  • New York State Trial Lawyers Association
  • American Association for Justice
  • New York County Bar Association
  • Westchester County Bar Association

To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.

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