Can I Sue For Injuries If I Was Hit By A Car While Crossing The Street?

Were you hit by a car while crossing the street or roadway in New York? 

Do you have the right to sue for your injuries?  

What Are Your Rights As A Pedestrian In New York? 

In New York State, a pedestrian crossing the street or roadway in a crosswalk has the right of way requiring vehicles to slow down or stop and yield the right of way to the person crossing.   

For over 45 years, the experienced personal injury attorneys at De Caro & Kaplen, LLP have successfully represented pedestrians in New York City and throughout New York State. 

What Requirements Due Drivers Have To Protect Pedestrians Crossing The Street? 

Drivers are required to: 

• Slow down or stop for pedestrians in crosswalks 
• Yield the right of way to pedestrians 
• Use their horn to warn pedestrians of their presence when necessary 
• Observe pedestrians 

If a driver fails to follow these rules and causes injury, can you sue for negligence? Yes, you can seek compensation for physical injuries, emotional distress, lost income, and pain and suffering. 

What Does The New York Vehicle And Traffic Law Say About Pedestrian Accidents? 

Are you aware of New York State Vehicle and Traffic Law § 1151(a)? It mandates that when traffic controls are not in place, drivers must yield the right of way to pedestrians crossing the roadway within a crosswalk. 

How Do You Prove A Driver’s Negligence In A Pedestrian Accident Case? 

Attorneys representing pedestrians struck by a motor vehicle need to ask the following questions:  

• Was the pedestrian in a crosswalk? 
• Did the driver see the pedestrian before the collision? 
• Could the driver see the pedestrian before the collision 
• Was the driver operating the vehicle with reasonable care? 
• What steps did the driver take to avoid the accident? 
• Did the driver fail to yield or disobey traffic control devices? 
• How far away was the driver when he first saw the pedestrian and what was his or her speed of travel? 
• What were the speed limits on the road and what speed was the driver traveling at? 
• Was the driver distracted, or using a mobile phone at the time? 
• Did the driver use their horn to warn the pedestrian? 

What Steps Does De Caro & Kaplen, LLP Take to Build a Strong Case? 

How does De Caro & Kaplen, LLP prepare your case for success? 

• Obtaining the police accident report 
• Photographing the accident scene and documenting sightlines and traffic controls 
• Securing video surveillance from nearby buildings 
• Downloading critical data from the vehicle 
• Interviewing witnesses 
• Analyzing the driver’s statement from the New York State Motor Vehicle Department 
• Filing a lawsuit against the driver and vehicle owner 
• Questioning the driver under oath during a deposition about their conduct  
• Retaining an accident reconstruction expert to evaluate the incident 
• Reviewing and understanding your medical and rehabilitation records 
• Consulting with your physicians about your injuries 

Our approach is to prepare every case as if it will go to trial. This signals to insurance companies that we are serious about achieving justice for you. 

Who Will Handle Your Pedestrian Accident Case? 

Do you want direct access to experienced personal injury attorneys throughout your case?  

At De Caro & Kaplen, LLP, you’ll work directly at all stages of your case,with our experienced pedestrian accident attorneys, Shana De Caro and Michael V. Kaplen.

Michael Kaplen’s skill and knowledge in representing pedestrian’s and other victims of motor vehicle collisions was recognized by the American Association for Justice who elected him chair of the Motor Vehicle and Highway Accident Section of the association.  He is board certified in trial practice by the National Board of Trial Advocacy. 

Shana De Caro and Michael Kaplen’s special skills in representing victims of a traumatic brain injury was recognized by the American Association for Justice.  They each served as chair of the Traumatic Brain Injury Litigation Group.  Shana De Caro served two terms as Chairwoman of the Brain Injury Association of America.  Michael Kaplen served for nine years as President of the Brain Injury Association of New York. 

Shana De Caro and Michael Kaplen have received the honor and distinction of being named New York Super Lawyers and recognized as The Best Lawyers in New York every year since 2006. 

Michael Kaplen: Former Chair of the Motor Vehicle and Highway Accident Section of the American Association for Justice and board-certified in trial practice. 

Shana De Caro: Former Chairwoman of the Brain Injury Association of America and a certified advocate for traumatic brain injury victims. 

Did you know both attorneys are New York Super Lawyers and have been recognized by Best Lawyers in New York annually since 2006? 

How Can You Contact De Caro & Kaplen, LLP? 

Are you ready to discuss your case? Call 212-732-2262 for a free, no-obligation consultation. You can also text us or fill out our online contact form to get started.