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De Caro & Kaplen has a history of multi-million dollar verdicts and settlements for our New York vehicle accident clients. Recent cases which resulted in successful recovery include:
Below are common types of pedestrian accidents in New York for which De Caro & Kaplen, LLP has previously represented clients. This list is not exhaustive. If you believe negligence contributed to your accident, please reach out. We’re here to help.
De Caro & Kaplen LLP has a 4.9 star rating on Google reviews, aggregated from over 175 client reviews. Below are a selection of reviews from our clients.
"My family needed help with a complicated personal injury case. I was fortunate to be referred to De Caro & Kaplen. Outstanding attorneys! Michael and Shana are reliable, intelligent, and dedicated advocates. There were a number of times I had specific concerns about the case and Michael was always steps ahead. The attention paid to details was truly remarkable. Shana and Michael always responded quickly to every call and email. Their assistant, Andy was consistently patient, kind, and helpful. They provided seamless referrals to rehabilitation facilities and elder care experts as needed. Shana and Michael consistently went above and beyond in countless ways throughout 2 1/2 years to ensure the most favorable outcome for my family. De Caro & Kaplen navigated each and every aspect of the lawsuit and mediation with professionalism and integrity. Incredible given the many delays due to COVID. I highly recommend De Caro & Kaplen."
"After my first meeting with Michael Kaplen I knew I was in the right hands. He and his team are amazing. I would recommend them to anyone in need of an attorney that will get the job done while giving their clients a piece of mind. Complete honesty and candor each step of the process which I respect."
"Fantastic experience! Accepted to pursue my case with many challenges. Michael Kaplen never gave up, even when posed with a vicious defense attorney. He was always one step ahead of the attorney and beat her at ever turn. When I called, emailed, or texted, Mr. Kaplen responded personally. The customer service was terrific and I always felt their entire team was attentive to every concern I had. I highly recommend the DeCaro/Kaplen team and thank them for everything they did for me!"
With over 45 years experience in vehicle accident law and pedestrian accident cases, our partners Shana De Caro and Michael V. Kaplen help our clients get the justice and compensation they deserve. Our attorneys have the passion and persistence to take on any pedestrian accident case in New York—and win.
Call today on (212) 732 2262 or email help@brainlaw.com to arrange your free consultation.
When you hire De Caro & Kaplen, LLP for your pedestrian accident case in New York our partners Shana De Caro and Michael V. Kaplen will personally handle your case from start to finish. Unlike some other prominent NYC firms, who will hand your case off to a paralegal, Shana and Michael, who each have over 45 years experience in personal injury and vehicle accident law, will personally work on your behalf to ensure you receive the justice and compensation you deserve, preparing every case as if it will go to trial.
A pedestrian motor vehicle accident is a complicated event requiring the skills of an experienced personal injury attorney.
A full on site investigation needs to be undertaken, surveillance videos may have captured the accident which must be rapidly obtained and reviewed, witnesses need to be interviewed; photographs of the intersection and roadway need to be obtained; and the vehicle’s computer module needs to be downloaded to obtain vital information about speed and breaking.
In New York City, the conduct of motorists and pedestrians is governed by NYC Department of Transportation Rules.
These rules provide that motorists must
Pedestrians also have responsibilities and the NYC Traffic rules provide that:
Other New York City and New York State Rules of the Road provide that motorists must:
Can I sue for injuries if I was hit by a car while crossing the street?
Pedestrians have the right of way when crossing the street within a crosswalk at an intersection. Drivers must yield the right of way to pedestrians when crossing at an intersection. Drivers are always required to pay attention to the road and driving condition, keep a lookout for pedestrians, sound their horn to alert a pedestrian to danger, and always maintain a speed appropriate for the conditions regardless of the posted speed limit.
Although the maximum speed limit for driving in New York City is 25 miles per hour. In school zones, the maximum speed is 20 miles per hour. The law requires speed to be adjusted for road conditions, and visibility. Therefore, when a road is wet, slippery, contains ice or snow, speed must be further reduced to account for these conditions to enable drivers to timely slow down or stop.
According to the latest statistics, in the year 2021, 115 pedestrians were killed while crossing a street in New York City.
A driver can be negligent in many ways, but here are a few common examples where a negligent driver could injure a pedestrian:
The time limit to sue in New York State for injuries sustained in a motor vehicle accident, known as the statute of limitations, is three (3) years measured from the date you were struck. If a child under the age of eighteen (18) is injured, the statute of limitations is tolled until the infant reaches eighteen years and then the three-year statute of limitations runs. For death claims, a lawsuit must be commenced within 2 years of death.
If you can physically do so, obtain contact information for any witnesses including their names, addresses, email addresses, and telephone numbers.
It is important to obtain the name, address of the person operating the vehicle and the license plate number of the vehicle. If police arrived at the scene, the police accident number and police report are essential.
Consult with a personal injury attorney without delay. If an insurance company contacts you, do not speak with them, and refer them to your personal injury attorney.
Vision zero is a safety campaign in New York City to reduce the risk of a pedestrian being struck by a motor vehicle. The campaign recognizes most pedestrian accidents with a car, bus, or truck are preventable if proper precautions are taken. The campaign seeks to educate motorists on safe driving, increase enforcement of vehicle and traffic laws, and redesign intersections for increased safety. Because of the campaign, new safety measures were instituted in New York City to reduce injuries and death, including reducing the speed limit from 30 miles per her to 25 miles per hour, and to 20 miles per hour in school zones; installation of cameras at intersections and roadways to records motorists failing to obey traffic controls and speed limits; fining motorists who fail to obey speed limits and traffic control devices; and redesigning and marking crosswalks.
Because of the increasing number of serious and fatal accidents between persons crossing a street and motor vehicles, the City of New York initiated a study to examine the causes of these events. Here are important findings from the safety study:
Pedestrians struck by a motor vehicle frequently suffer brain injury when their head hits the pavement or roadway. Typical brain injuries include concussions, brain bleeds also known as brain hemorrhage, dizziness and loss of balance, and visual impairments.
Pedestrians may also sustain orthopedic injuries including neck and back impairment such as fractures of the wrists, arms, or legs; torn ligaments of the wrist or knee, shoulder injuries including torn rotator cuffs, sprains, strains, and bulging or herniated discs.
Other injuries include facial injuries, scaring, disfigurement and dental injuries.
In New York State, a pedestrian suffering any fracture, disfigurement or a permanent impairment or loss of function to a portion of their body can recover for their pain and suffering, disabilities, disfigurement, loss of enjoyment of life, medical and hospital care, and loss of earnings, past, present, and future.
New York State has a no-fault insurance law that requires every vehicle insurance policy to have coverage for medical expenses and for loss of earnings. These bills will be paid for by the insurance coverage of the vehicle that struck you without regard to fault. A no-fault claim must be filed with the insurance carrier of the vehicle that struck you within 30 days of the accident.
Your pedestrian accident case starts with one conversation, directly with one of our partners, Shana De Caro or Michael Kaplen.
Why act today?
Because the earlier you file a claim, the better. Missing deadlines will mean your case is unable to move forward.