Know Your Rights: Legal Options for NYC Pedestrian Accident Victims
In 2014, New York City invested $110 million to preventing pedestrian accidents.[1] Pedestrian accidents—defined as an occurrence in which a person who is walking, running, or otherwise not inside of a vehicle is struck by a vehicle—have horrific consequences for their victims. Recognizing these consequences, New York City used that money to implement Vision Zero to prevent pedestrian accidents and their consequences.[2] Vision Zero is a philosophical departure from prior endeavors to prevent pedestrian accidents: this program focuses on improving systems to increase safety with the expectation that human beings will make errors while driving.
Five years after the implementation of Vision Zero, New York City had another year of record low traffic fatalities, and pedestrian deaths fell 36% at targeted locations compared to the years before the implementation of Vision Zero.[3] In that same year, both Manhattan and Staten Island recorded their lowest ever number of pedestrian deaths.[4] But the program has done more than save lives: it also saves money by preventing people from going through the myriad problems attendant to pedestrian accidents.
This article is designed to address the costs of pedestrian accidents both to those who suffer injuries in them and to society at large. After discussing these costs, this article will briefly discuss the impact that Vision Zero and other pedestrian safety initiatives have on pedestrian safety and the economic benefits these programs can bring to the community. It will then go on to discuss how New York’s No-Fault Insurance Law impacts pedestrian accident cases. Despite the progress made through these initiatives, pedestrian accidents still occur, upheaving the lives of their victims and leaving them in the lurch. This guide will provide options to you if you or a loved one have been injured in a pedestrian accident.
The Personal Injury Attorneys at Dansker & Aspromonte Have a
This article was designed using authoritative sources from the New York City Department of Transportation (“NYC DOT”), research from universities across the nation, studies from the Center for Disease Control, and caselaw, statutes, and regulations from New York. This article has been fact-checked by our attorneys at Dankser & Aspromonte using these authoritative sources, but it cannot act as a substitute for trusted legal counsel—especially in the wake of an injury caused by a pedestrian accident.
After enduring a pedestrian accident, the first order of business must be to get well and heal your injuries. Once you are able, you should retain trusted counsel to act as your advocate and guide through the legal labyrinth that is the New York legal system. Our attorneys at Dansker & Aspromonte have significant experience in handling pedestrian accident claims and routinely achieve excellent results for their clients.
Our attorneys routinely achieve excellent results for our clients. For example, one of our clients was recently awarded a $10.3 million verdict for the injuries she sustained due to being struck by the rear door of a passing truck that flew open after being improperly secured by its driver. Tragically, the client developed traumatic epilepsy that was both permanent and progressive. Our attorneys achieved this result—despite the fact that she did not show visible signs of injury impairment at trial—by utilizing the testimony of medical experts to prove that the epilepsy was caused by the accident, permanent, and progressive.
Beyond the pedigree, our attorneys can help you to navigate the complexities of New York’s No-Fault Insurance Statute. Our attorneys have studied the law and know how to help you achieve your best recovery, regardless of the nature of your injuries. Our attorneys act as your most dedicated advocate and trusted counsel depending on what the situation calls for.
Results in a given case cannot be ethically guaranteed because every result is based on the facts of the given case, but this is the extent of the experience our attorneys will bring to your case. If you or a loved one have been injured in a pedestrian accident then do not hesitate to reach out to our attorneys either by calling us at (516) 206-6723 or by reaching out to us at our online portal, which is linked here.
The Impact of Injury: Pain Isn’t the Only Price of Pedestrian Accidents
It is difficult to overstate the impact of pedestrian accidents on their victims and on the public as a whole. In 2016 alone, more than 8,000 people visited the emergency department due to pedestrian accidents.[5] 1518 of them were hospitalized for longer periods of time.[6] People injured in pedestrian accidents in New York City face a long road to recovery. This process is not only physically and emotionally painful these victims, but sadly, some never fully recover from their injuries.
Meanwhile, their families are often forced to pick up the work once performed by the injured person. However, the trauma brought by a serious pedestrian accident is more than just physical pain and emotional strain on victims and their families. These victims and their families often face devastating financial consequences and long-term detrimental health effects.
The Financial Impact of Pedestrian Accidents
The CDC estimated that the economic cost of traumatic injuries totaled more than $4.2 trillion in the United States, including (a) $327 billion in medical care, $69 billion in work loss, and $3.8 trillion in the value of the loss of life or quality of life.[7] The CDC has also found that the average financial cost due to medical expenses and lost time working due to unintentional injuries is approximately $15,000.[8] This figure is likely too low because it does not account for injuries treated outside of the emergency room, and more importantly, does not consider costs for mental health treatment or costs incurred for medically necessary treatment caused by the injury that was not incurred until years later.[9]
The serious injuries wrought by pedestrian accidents can have permanent consequences for the people impacted by them. For example, a recent study from the University of Michigan found insured people who are admitted to the hospital for traumatic injuries faced an average out-of-pocket expense of $3400, and those with high-deductible insurance faced an average of around a $5,000 expense.[10] In that same study, people who sustained major injuries in the past eighteen months were 23% more likely to have medical debt sent to collections, and 70% of them had had larger amounts of medical debt in collections than those who had not recently sustained such a traumatic injury.[11] Bankruptcy was twice as common for those hospitalized by a traumatic injury in the past eighteen months than for those who had not sustained such an injury.[12] Adding further injury to financial insult, that study found an association between the financial distress caused by these injuries and worse long-term recovery in terms of physical and mental health.[13]
How Pedestrian Accidents Impact Victims’ Physical & Mental Health
According to a recent study, the severity of the injuries that occur due to pedestrian accidents is dependent upon several factors, including:
- the speed of the vehicle;
- which part of the body first comes into contact with the vehicle;
- the angle of the vehicle’s impact on the body;
- the pedestrian’s center of gravity;
- which part of the vehicle first makes contact with the pedestrian’s body; and
- the design of the vehicle.[14]
Generally, pedestrian accidents are categorized by the height of the impact of the motor vehicle relative to the affected pedestrian’s center of gravity.[15] The relationship between the height of impact relative to the affected person’s center of gravity helps to explain why the injuries sustained by adults and children are often different because adults tend to be taller than children and have different centers of gravity. Studies show that the most common injuries arising from pedestrian accidents involving adults are trauma to the head, injuries to the legs and pelvis, tibial plateau fractures, injuries to the ligaments in the knee, and traumatic brain injuries.[16] Adults injured in pedestrian accidents are generally more likely to sustain musculoskeletal injuries than they are to sustain injuries to their head and neck.[17]
The opposite is true for children, who are more likely to face injuries to the head and neck then they are to sustain musculoskeletal injuries. Generally, the most common injuries in children are:
- injuries to the head & neck, which occurred in 34.6% of the injuries studied;
- traumatic brain injuries;
- chest and abdominal injuries;
- musculoskeletal injuries, which occurred 22.2% of the time; and
- injuries to the upper and lower legs leading to long-term disabilities.[18]
Adults and children victimized in pedestrian accidents tend to suffer different injuries, but they share in the severity of their injuries and their life-altering impact.
Improving Safety, Saving Money
As previously stated, a 2019 study that considered the cost of medical care, the price of lost wages, and the values of quality of life losses estimated the economic cost of human injuries was $4.2 trillion dollars.[19] This loss of $4.2 trillion on an annual basis is a daunting figure, and implementing safety measures to prevent pedestrian accidents is significantly less expensive in both human terms and financial figures.[20]
Recent studies have shown the implementation of Vision Zero has resulted in dramatic injury reductions and savings in Medicaid expenditures.[21] Vision Zero is a pedestrian and traffic safety program implemented by New York City utilizing a systems-based approach to reduce traffic and pedestrian injuries to zero.[22] This systems-based approach incorporates an understanding of how human beings actually behave and seeks to address human error by implementing safe policies, enforcing those policies, and redesigning New York City streets and sidewalks.[23] Moreso, Vision Zero uses statistical analysis to address areas facing greater problems where a disproportionate number of pedestrian injuries occur.[24]
This approach is working.[25] A recent study found a marked decrease in pedestrian injuries per 100,00 New York City citizens after the implementation of Vizion Zero.[26] Not only did Vision Zero keep people safe, that same study found that healthcare costs related to pedestrian injuries dropped by over $90 million since New York City implemented Vision Zero.[27] Further, the New York City Department of Transportation has documented the economic benefits flowing from projects that improve pedestrian, cyclist, and transit rider safety in the form of increased retail sales.[28] NYC DOT conducted a study that found that:
- retail sales doubled in the three years following the installation of bicycle lanes and a tree-lined median at Brooklyn’s Vanderbilt Avenue; and
- stores near the intersection of Amsterdam and St. Nicholas Avenues in Harlem saw a 48% rise in retail sales after the NYC DOT redesigned a difficult intersection to change its traffic patterns and create a new public space.[29]
Studies analyzing Complete Streets—another transportation policy and design approach requiring streets to be planned, designed, operated, and maintained to enable safe travel—found that New York City increased retail sales on 9th Avenue in Manhattan and decreased commercial vacancies in Union Square by almost 50% after redesigning targeted parts of New York City.[30]
The Rights of NYC Pedestrians Injured in Accidents
New York has what is known as a No-Fault Insurance statute (hereafter the “No-Fault Law”).[31] This statute exists to accomplish the following:
- remove most motor vehicle accidents from common-law tort litigation;[32]
- ensure that injured people are promptly compensated for the losses they incurred—whether or not the accident was their fault;[33] and
- reduce the cost of insurance premiums to motorists.[34]
The No-Fault Law requires car owners’ insurance policies to compensate anyone the car owner injures as a result of the use or operation of the vehicle in New York state—regardless of fault.[35] These benefits are paid without considering who was at fault, meaning that insurers generally cannot avoid payment obligations by raising the defense of comparative negligence.[36] Such a defense is ordinarily a significant barrier to recovering the medical costs after a pedestrian accident, but this law removes it entirely to make sure injured people are promptly compensated for their injuries.
The No-Fault Law distinguishes between the damages available to injured people based on whether or not the injured person sustained a “serious injury.” Ordinarily, injured people who file a personal injury lawsuit can recover their “basic economic loss” if and only if that loss exceeds $50,000.[37] This includes only medical expenses, lost wages, and other reasonable or necessary expenses.[38]
In cases of “serious injury,” the No-Fault Law serves to provide for non-economic losses.[39] Victims of pedestrian accidents who suffer a “serious injury” under the No-Fault law are treated differently than those who did not suffer a serious physical injury per the No-Fault law.[40] The No-Fault law defines the “serious physical injury threshold” to mean that a person suffers a “serious injury” if he or she suffers an injury that results in[41]:
- death;
- dismemberment;
- significant disfigurement;
- fractured bones;
- the lost of a fetus;
- permanent loss of the use of a bodily organ, member, function, or system;
- permanent consequential limitation of the use of a bodily organ or member;
- significant limitation of the use of a body function or system; or
- a medically determined injury impairment of an non-permanent nature which prevents the injured person from performing substantially all of the material facts which constitute that person’s typical daily activities for more than ninety days during the one-hundred eighty days immediately following the occurrence of the injury or impairment.
Absent a serious injury, no recovery will be available for non-economic losses.
Our pedestrian accident attorneys at Dansker & Aspromonte provide free consultations about your case and can tell you if your injury falls under the “serious injury” category. This article was developed using their deep understanding of the law, but it cannot act as a substitute to a consultation about your case. Please do not delay in retaining trusted counsel, for unnecessary delay can cost your case.
Conclusion
As seen above, New York has taken action to prevent pedestrian accidents. The injuries sustained in these accidents are serious and costly to both their victims and society. While New York has made progress in increasing pedestrian safety, there are still many steps that can be taken to reach Vision Zero’s ultimate goal.
If you have been injured in a pedestrian accident then time is of the essence. You should retain trusted legal counsel as soon as possible to ensure you maximize the value of your claim. You and your loved ones can have peace of mind that your claim is in competent, skilled hands after retaining our attorneys at Dansker & Aspromonte. Reach out by calling us at (516) 206-6723 or by reaching out to us at our online portal, which is linked here.
At Dansker & Aspromonte, we love hearing from our clients and our community. If you have been injured in a pedestrian accident, we want to know: what challenges have you faced after a pedestrian accident?
[1] New York Department of Transportation, Pedestrian Safety Initiatives – Taking Action on Pedestrian Safety (accessed Dec. 2024), https://www.ny.gov/programs/pedestrian-safety.
[2] Vision Zero Network, “What is Vision Zero?” (accessed Dec. 2024), https://visionzeronetwork.org/about/what-is-vision-zero/.
[3] Vision Zero, Year 5 Report (March 2019), https://actionvisionzero.org/wp-content/uploads/2019/09/nyc-vision-zero-year-5-reportmarch19.pdf.
[4] Id.
[5] NYC Data Portal: Environment & Health, Pedestrian Injury Emergency department visits (accessed Dec. 2024), https://a816-dohbesp.nyc.gov/IndicatorPublic/data-explorer/transportation-related-injuries/?id=2094#display=summary.
[6] Id.
[7] Cora Peterson, et al, Center for Disease Control and Prevention: Morbidity and Mortality Weekly Report, Economic Cost of Injury – United States 2019 (Dec. 3, 2021), https://www.cdc.gov/mmwr/volumes/70/wr/pdfs/mm7048a1-h.pdf.
[8] Curtis Florence, et al., Center for Disease Control and Prevention Morbidity and Mortality Weekly Report, “Estimated Lifetime Medical and Work-Loss Costs of Emergency Department-Treated Nonfatal Injuries – United States 2013” (October 2, 2015), https://www.cdc.gov/MMWr/preview/mmwrhtml/mm6438a5.htm.
[9] Id.
[10] John Scott, et al., Financial Outcomes After Traumatic Injury Among Working-Ague US Adults With Commercial Insurance, JAMA Health Forum (November 11, 2022), https://jamanetwork.com/journals/jama-health-forum/fullarticle/2798436.
[11] John Scott, et al., University of Michigan: Institute for Healthcare Policy & Innovation, “Major financial pain follows major injury, U-M study shows” (Nov. 14, 2022), https://ihpi.umich.edu/news/major-financial-pain-follows-major-injury-u-m-study-shows.
[12] Id.
[13] Id.
[14] Bharath Chakravarthy, et al., “Pedestrian Injuries: Emergency Care Considerations”, Cal J. Emerg. Med. (Feb. 2007), https://pmc.ncbi.nlm.nih.gov/articles/PMC2859736/#:~:text=Most%20injuries%20arising%20from%20these,brain%20injuries%2C%20are%20all%20common.
[15] Id.
[16] Id.
[17] Id.
[18] Id.
[19] Cora Peterson, et al, Center for Disease Control and Prevention: Morbidity and Mortality Weekly Report, Economic Cost of Injury – United States 2019 (Dec. 3, 2021), https://www.cdc.gov/mmwr/volumes/70/wr/pdfs/mm7048a1-h.pdf.
[20] Kacie L Dragan & Sherry A Glied, “Major Traffic Safety Reform and Road Traffic Injuries Among Low-Income New York Residents, 2009-2021,” American Journal of Public Health (Pub. May 8, 2024), https://ajph.aphapublications.org/doi/full/10.2105/AJPH.2024.307617.
[21] Id.
[22] Vision Zero Network, “What is Vision Zero?” (accessed Dec. 2024), https://visionzeronetwork.org/about/what-is-vision-zero/.
[23] Id.
[24] Id.
[25] Kacie L Dragan & Sherry A Glied, “Major Traffic Safety Reform and Road Traffic Injuries Among Low-Income New York Residents, 2009-2021,” American Journal of Public Health (Pub. May 8, 2024), https://ajph.aphapublications.org/doi/full/10.2105/AJPH.2024.307617.
[26] Id.
[27] Id.
[28] New York City Department of Transportation, “The Economic Benefits of Sustainable Streets,” (accessed December 2024), https://www.nyc.gov/html/dot/downloads/pdf/dot-economic-benefits-of-sustainable-streets.pdf.
[29] Id.
[30] New York City Department of Transportation, “Measuring the Street: New Metrics for 21st Century Streets,” (2012).
[31] See N.Y. Ins. Law § 5103.
[32] Walton v. Lumbermens Mut. Cas. Co., 88 N.Y.2d 211 (1996).
[33] Contact Chiropractic, P.C. v. New York City Transit Authority, 31 N.Y.3d 187 (2018).
[34] Id.
[35] Byrne v. Oester Trucking, Inc., 386 F.Supp.2d 386 (2005).
[36] Id.
[37] Ventra v. U.S., 121 F.Supp.2d 326 (S.D.N.Y. 2000).
[38] N.Y. Ins. Law § 5102(a).
[39] Oberly v. Bangs Ambulance Inc., 96 N.Y.2d 295 (2001).
[40] Blake v. Ford, 470 N.Y.S.2d 255 (1983).
[41] N.Y. Ins. Law § 5102(d).