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  • Writer's pictureLeitner Varughese Warywoda

Hit by a Car While Walking in NYC? Know Your Rights and Fight for Your Recovery

New York City, with its iconic skyline and bustling streets, is a pedestrian's paradise. Yet, it's also a city where dangers lurk at every corner, especially for those navigating its busy sidewalks and crosswalks. Every year, thousands of pedestrians are injured in accidents, some suffering devastating and life-altering consequences. If you or someone you love has been hit by a car while walking in New York City, understanding your rights and securing experienced legal representation is crucial.


At Leitner Varughese Warywoda, our dedicated team of personal injury lawyers, led by Brett Leitner, Justin Varughese and Nick Warywoda, has a proven track record of successfully representing injured pedestrians. We understand the fear, confusion, and pain that accompany such accidents and are committed to providing compassionate and personalized legal guidance every step of the way.


NYC Streets: A Minefield for Pedestrians


The unfortunate truth is that pedestrian accidents are a disturbingly common occurrence in New York City. The constant flow of traffic, coupled with distracted driving, speeding, and drivers failing to yield to pedestrians, creates a dangerous environment. The consequences for pedestrians can be catastrophic, ranging from broken bones and head trauma to spinal cord injuries and even wrongful death.


Jaywalking Accidents: Don't Assume You Can't Sue


Many people believe that if they were hit by a car while jaywalking, they automatically forfeit their right to sue. This is a misconception. New York operates under a comparative negligence law. This means that even if you were partially at fault for the accident, you may still be able to recover damages. Your compensation, however, could be reduced proportionally to your degree of fault.


This is where having a skilled pedestrian accident lawyer from Leitner Varughese Warywoda on your side is critical. We will thoroughly investigate the accident, gather evidence, and present a compelling case to demonstrate the driver's negligence and minimize your share of the blame. Our goal is to maximize your compensation, regardless of the circumstances of the accident.


Crosswalk Accidents: You Have the Right of Way, But Drivers Don't Always Yield


When crossing the street at a designated crosswalk, pedestrians have the right of way. Drivers are legally obligated to yield to pedestrians in these zones. However, this doesn't always happen. Drivers running red lights, failing to check for pedestrians before turning, and speeding through intersections are all too common, leading to devastating collisions.

After a crosswalk accident, evidence is essential to prove the driver's negligence. We will work diligently to gather and preserve crucial evidence such as:


  • Photographs and Videos: Images of the accident scene, your injuries, damage to the vehicle, and traffic signals can be powerful evidence.


  • Witness Testimonies: Accounts from people who witnessed the accident can corroborate your version of events and strengthen your case.


  • Police Reports: The official police report of the incident provides valuable documentation and details about the accident.


  • Traffic Camera Footage: If available, footage from nearby traffic cameras can offer irrefutable proof of the driver's actions.


Beyond the driver, other parties might share responsibility for a pedestrian accident. For example, the city or municipality could be held liable if poorly maintained roads, missing crosswalk signals, or other infrastructure issues contributed to the accident.


What to Do if You've Been Hit by a Car: Protecting Your Rights from the Start


Being hit by a car is a traumatic experience. In the aftermath, taking the right steps can significantly impact your physical recovery and your ability to seek compensation. Here's what you should do:


  • Seek Immediate Medical Attention: Your health is the top priority. Don't dismiss any pain or discomfort. Some injuries might not be immediately apparent. Get checked by a medical professional as soon as possible.


  • Report the Accident to the Police: Call 911 and report the accident. This creates an official record of the event and ensures a police report is filed, which is crucial evidence for your case.

  • Gather Evidence: If you are physically able, take photos and videos of the accident scene, your injuries, the vehicle involved, and any relevant details like traffic signals or road conditions. If there are witnesses, try to obtain their contact information.

  • Contact a Pedestrian Accident Attorney: Don't face this complex legal situation alone. An experienced attorney will protect your rights and guide you through the process of seeking compensation.


Why Choose Leitner Varughese Warywoda?


At Leitner Varughese Warywoda, we have a reputation for excellence and a commitment to providing exceptional legal representation. Brett Leitner, with his extensive experience in personal injury law and his in-depth knowledge of New York pedestrian laws, is a powerful advocate for those injured in pedestrian accidents. When you choose our firm, you benefit from:


  • Thorough and Meticulous Accident Investigation: We go beyond the surface, digging deep to uncover all relevant facts, identify all responsible parties, and build a strong case that supports your claim.


  • Skilled Negotiation with Insurance Companies: Dealing with insurance adjusters can be challenging. We will handle all communication and negotiations, working tirelessly to secure a fair settlement that reflects the full extent of your damages.


  • Aggressive Litigation: If a fair settlement cannot be reached, we are prepared to take your case to court and fight relentlessly to ensure your rights are protected and you receive the justice and compensation you deserve.


Don't Delay - Contact Us for a Free Consultation


If you or a loved one has been hit by a car while walking in New York City, don't hesitate to reach out to Leitner Varughese Warywoda for a free consultation. We will carefully review your case, answer your questions, and explain your legal options. We are here to help you navigate the complexities of the legal system and fight for your right to a full and fair recovery.


Disclaimer: This blog post is intended for informational purposes only and should not be considered legal advice. For legal advice regarding your specific situation, please consult with an attorney.

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