It’s every pedestrian’s worst nightmare: being struck by a vehicle. The results can be devastating and life altering. Unfortunately, this nightmare turns into reality for many pedestrians. On average, a pedestrian is killed every 2 hours and injured every 8 minutes in traffic crashes according to the National Center for Statistics and Analysis. In 2013, 4,735 pedestrians were killed and an estimated 66,000 were injured.
All drivers most obey traffic laws. These laws were enacted for the safety of drivers and pedestrians alike. Whenever a pedestrian is struck by the vehicle, there is a chance for serious injury. Even a slow moving vehicle can cause significant injury to a person.
Many pedestrian accidents occur due to a driver’s negligence in obeying traffic laws. Common scenarios are that a driver is speeding, texting, failing to yield to pedestrians in a crosswalk, or running through a red light or stop sign. With more than thirty years of experience, Stephanie Ovadia has represented people in pedestrian accidents for decades. When a driver’s negligence causes injury to you or a loved one, consider contacting the Law Office of Stephanie G. Ovadia for a free consultation.
Pedestrian Accidents: An Overview
New York’s No Fault Law generally applies to pedestrian accidents that involve motor vehicles and occur in New York state. Under New York’s No Fault Law, a person has 30 days from the date of the accident to complete and file a no-fault application. When the motor vehicle that struck the pedestrian has insurance coverage, the pedestrian files the no fault insurance claim with the motor vehicle’s insurance company. No fault insurance claims are primarily focused on the payment of medical expenses and lost wage benefits. It does not compensate individuals for pain and suffering. Litigation is limited to individuals that suffer a “serious injury” under the law. It is these strict deadlines and limitations in the law that make consulting with a pedestrian accident lawyer as soon as possible after suffering a pedestrian accident an important and critical step in protecting one’s rights.
Pedestrian Accidents: Statistics
In 2014, New York saw 14,952 pedestrian / motor vehicle crashes according to the New York State Department of Motor Vehicles. Out of those 14,952 pedestrian accidents involving motor vehicles, 14,906 pedestrians suffered personal injuries. A majority of these pedestrian accidents occurred during weekdays, with the most accidents occurring on Fridays. Roughly 96% of these pedestrian accidents only involved one motor vehicle.
Common Factors in Pedestrian Accidents
According to the New York Department of Motor Vehicles (DMV), approximately 75% of pedestrian / motor vehicle crashes involved human factors. Although many factors may exist as to why a motor vehicle strikes a pedestrian, the following are some the most common factors involved in car accidents in New York, based on DMV statistics for the year 2014.
Driver Inattention/Distraction.The most common factor for a pedestrian accident in New York. In total, driver inattention or distraction factor into 24.9% of pedestrian/motor vehicle crashes with human factors.
Failure to Yield R.O.W. The second most common factor, contributing to 24.5% of pedestrian/motor vehicle crashes with human factors. This is usually the result of a driver’s failure to see and yield for a pedestrian in a crosswalk. This is also a common cause of car accidents, motorcycle accidents, and truck accidents.
Pedestrian/Bicyclist/Other Ped Error/Confusion. A catch-all category, these factors accounted for 22.9% of all pedestrian/motor vehicle crashes with human factors in New York state in 2014.