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Being struck while walking can lead to immediate challenges in nearly all aspects of life, including traveling to work or handling medical care. A Suffolk County pedestrian accident lawyer can explain how New York law applies when another party causes a collision.
The Law Office of Brett J. Nomberg, PLLC handles pedestrian injury cases throughout Suffolk County and the rest of New York. Each situation must be evaluated closely to determine how, where, and why the accident occurred.
Our team will handle matters anywhere in Suffolk County and Long Island. When you rely on us, you rely on the knowledge and experience we bring to every case. You not only work directly with our attorneys, but you have confidence in knowing our services are built on mutual trust.
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.
A motorist who is distracted may not see a pedestrian before there is time to avoid hitting them. Distracted driving can include a person using a cell phone, GPS device, talking with a passenger, eating food, or any other diversion that takes the driver’s focus off the roadway. New York Vehicle and Traffic Law § 1146 requires a driver to use due care to avoid colliding with any pedestrian and to sound the horn when necessary.
Evidence such as witness testimony, video footage, and any other available records may be available to determine whether a driver was sufficiently paying attention in the moments leading up to a pedestrian accident.
Visibility can be a critical factor when a pedestrian crash occurs at night or under challenging roadway conditions. Headlight lighting, weather, glare, surrounding traffic, roadside obstructions, and street lighting can all influence a driver’s visibility. According to the National Highway Traffic Safety Administration, 78% of pedestrian fatalities in 2022 occurred in the dark, compared with 19% in daylight.
The presence of poor visibility, however, does not necessarily determine fault. Factors such as the lighting conditions, weather, pedestrian location, driver behavior, and other conditions may be investigated to better understand the cause of the collision.
A pedestrian’s actions following a collision can impact the information that is available later. Preserving damaged clothing and personal items, taking photographs of the scene and injuries, writing down memories of the collision, getting contact information from witnesses, and keeping detailed, organized medical and expense records can help preserve information about what happened and the effects of the collision.
Pedestrians are also advised to be careful about discussing an accident or their injuries publicly through social media while a claim is pending. Records can be more difficult to obtain as time passes and memories can fade. Maintaining an organized file of documents related to an accident can help a pedestrian establish the facts and effects of a collision.
More than one party or defendant may potentially be liable for a pedestrian accident. The driver of a vehicle may not be the vehicle’s owner, for instance, or a collision may involve two or more vehicles.
Under New York Vehicle and Traffic Law § 388, a vehicle owner can generally be held responsible for injuries another person negligently causes by operating the vehicle with the owner’s express or implied permission. Identifying ownership, insurance coverage, and all the parties involved in a collision can therefore be important in determining which parties may be legally responsible for an injured pedestrian’s losses.
A traumatic brain injury can be the result of a pedestrian accident if a person’s head comes into contact with the vehicle, pavement, or other object. Data from the New York State Department of Health indicates that 37% of those hospitalized for pedestrian-related injuries experienced a traumatic brain injury. Since the effects of these injuries can last well past the initial emergency intervention, it’s vital to get a comprehensive medical evaluation and document it well after a serious incident.
According to Vehicle and Traffic Law § 1156, when no sidewalk is provided, pedestrians walking along a highway should, when practicable, walk on the left side of the roadway or shoulder, facing traffic approaching from the opposite direction. This requirement is intended to help pedestrians see oncoming vehicles and respond to approaching traffic. This positioning can also make pedestrians more visible to drivers approaching from the opposite direction.
Suffolk County has implemented a Vision Zero plan to reduce traffic fatalities and serious injuries on county roadways to zero by 2035. The county’s strategy is inclusive of pedestrians, bicyclists, drivers, transit users, and those who use other modes of travel. The plan’s priorities are safer roadways and speeds, community involvement, leadership, and a focus on data, and the county sees pedestrian safety as part of a countywide initiative to reduce serious traffic crashes.
Lost income can be part of a pedestrian accident claim. When someone is hurt and cannot return to work, another person may be legally liable for lost wages and other financial losses. Documents like pay history, employment data, medical restrictions, and missed work records can help show how much money was lost. A serious injury can even affect future ability to do the same type of job or earn at the same level as before.
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.

A pedestrian accident can create a host of physical, financial, and practical difficulties for an injured person long after the initial collision. At the Law Office of Brett J. Nomberg, PLLC, we believe in individualized representation with direct attorney involvement every step of the way.
A Suffolk County pedestrian accident lawyer can go over the facts of your accident, identify the legal issues at play, and help an injured pedestrian understand what options he or she must pursue compensation under New York law. Schedule a consultation today to hire a pedestrian accident lawyer.
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