Injured in an Accident? We Can Help. Call for a Free Consultation. 24/7
212-808-8092Injured in an Accident? We Can Help. Call for a Free Consultation. 24/7
212-808-8092
Serious injuries can result from a driver striking a pedestrian, but a Nassau County pedestrian accident lawyer can help clients understand what legal options might exist. The Law Office of Brett J. Nomberg, PLLC helps victims of preventable accidents seek legal recourse. New York laws protect pedestrians who are traveling on foot, but establishing the facts of a case can necessitate attention to all aspects of the collision.
The Law Office of Brett J. Nomberg, PLLC is a direct-attorney-advocacy law firm. We are not a high-volume, assembly-line law firm. Our team’s knowledge and experience in personal injuries help us provide support for our clients who need legal counsel they can trust. When you speak with our office, you are speaking directly with your attorney. They are your partner in your pursuit of compensation you may be entitled to.
Brett Nomberg Law offers free consultations with no attorney fee unless you win. If you were injured due to someone else’s negligence, the Top New York Personal Injury Attorney is ready to hear your story. Call anytime — 24 hours a day, 7 days a week.
Traffic laws on right-of-way in New York are set up to give pedestrians certain protections when crossing streets. N.Y. Vehicle and Traffic Law § 1151 states that, except when traffic-control signals are placed or in operation, the driver of a vehicle shall yield the right-of-way to a pedestrian crossing the roadway within a crosswalk.
Pedestrians, in turn, are not allowed to suddenly leave the curb without enough reaction for the vehicle’s driver to appropriately yield. Factors in the pedestrian and driver conduct are often in play after an accident occurs, so factors like traffic controls, pedestrian location, vehicle movement, witness reports, and other events may need to be investigated to determine who had the right way.
Turning vehicles present potential conflicts with pedestrians who are passing through an intersection. A driver who is about to turn may be looking at oncoming traffic, waiting for a gap in the flow of vehicles, or looking in another direction from a pedestrian who is stepping into the crosswalk.
Visibility may be blocked by parked cars, other traffic, darkness, or other factors. It may be necessary to consider the traffic signal, direction of travel of each party, the timing of the turn, and whether the driver checked the crosswalk before turning after a pedestrian is hit by a turning vehicle. Video and witness evidence can shed light on what happened.
Pedestrian accidents can occur away from public streets and intersections. Parking lots, parking garages, driveways, and business entrances and exits can put pedestrians near vehicles that are backing up, turning, or entering and leaving parking spaces. Nassau County has many commercial areas where drivers and pedestrians may share the same spaces.
A collision that occurs in one of these settings may create questions about driver visibility, vehicle speed, signage, lighting, and property design and maintenance. Depending on the factors that contribute to the accident, investigations into responsibility may need to consider the driver’s conduct as well as the presence of property conditions.
Being hit by an uninsured car or truck does not always mean that a New York pedestrian who is injured will be left without any option for financial recovery. This first available recourse for coverage is if the victim or a family member in their household had a motor vehicle with coverage. That policy can provide coverage for the pedestrian accident for a hit and run. But even if there is no such policy, the Motor Vehicle Accident Indemnification Corporation, or MVAIC, is a source of benefits that may be available to certain individuals injured in a motor vehicle accident when there is no applicable automobile insurance policy.
Depending on the requirements that must be met and the circumstances involved, MVAIC coverage may not be available to every individual involved in an uninsured-driver accident. Other insurance policies may also be relevant, and coverage may be available through those. The insurance status of the vehicle involved in the collision and the policies that might potentially apply can help determine what options an injured pedestrian may have.
It is important to note that crossing outside of a crosswalk is not an automatic bar to recovery after a pedestrian accident. Vehicle and Traffic Law § 1152 states that when a pedestrian is crossing a road outside of a crosswalk, whether marked or unmarked, they must yield to other vehicles. While this rule still must be considered when ascertaining fault, the actions of both the driver and the pedestrian up until the point of collision are also relevant.
Pedestrian safety remains a major traffic issue on Long Island. According to the New York Governor’s Traffic Safety Committee, there were 1,227 pedestrians killed or injured on Long Island in 2021, including 772 in Nassau County. The figures represent an increase from 964 and 583, respectively, in 2020. The data demonstrates that pedestrian crashes impact hundreds of people in Nassau County and across Long Island each year, showing that the concern extends beyond New York City’s denser streets.
New York crash data indicates that severe pedestrian collisions happen at all times of the day, but a few time periods account for a larger share. In 2021, 32% of fatal and personal injury pedestrian crashes occurred between noon and 6 p.m., and another 17% of such crashes occurred between midnight and 6 a.m.
Nassau County runs the Walk Safe Nassau pedestrian safety program to inform drivers and pedestrians about safe behavior on the road. Nassau County Traffic Safety started the program after pedestrians were killed on Hempstead Turnpike, in coordination with state and federal agencies involved in transportation and health.
The program’s components include education of the public, community outreach, enforcement, and engineering to prevent pedestrian injuries and fatalities on Hempstead Turnpike and in other Nassau County communities.
Brett Nomberg personally handles every single case from trial through appeals. Speak directly to your lawyer—even on weekends. No attorney fee unless we win.
Pedestrian accidents can leave injured individuals and their families facing long-term difficulties. At the Law Office of Brett J. Nomberg, PLLC, we believe in direct attorney involvement and personalized representation every step of the way.
A Nassau County pedestrian accident lawyer can assess the situation and help injured pedestrians understand their rights under New York law. Schedule a consultation today to hire a pedestrian accident lawyer.
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