Content reviewed by:
Alex Shulman
Brooklyn drivers have a duty to watch out for pedestrians and give them enough space. Too often, drivers break traffic laws and fail to pay attention. Pedestrians and other road users pay the price.
If you or your loved one were injured in a pedestrian knockdown accident in Brooklyn, you may be entitled to substantial compensation. Our Brooklyn pedestrian accident lawyers are dedicated to providing excellent legal representation and fighting for maximum results. Call (212) 221-1000 or contact us online to schedule your free consultation.
Why is Shulman & Hill the Top Choice When You Need a Brooklyn Pedestrian Accident Attorney?
Our accomplished Brooklyn personal injury lawyers have decades of combined experience helping injured pedestrians and their families. We have recovered over $700 million in case results, including a $300,000 recovery for a Brooklyn family whose three-year-old was hit by a van. The attorneys at our Brooklyn law office—our first location—have deep roots in the borough and can navigate your case through the local legal system.
Many of our attorneys have been recognized as Super Lawyers, Rising Stars, and Top 40 Under 40 lawyers. These honors are reserved for the most accomplished attorneys in each state.
We pride ourselves on the open communication, attention to detail, and vigorous representation we provide to our clients. When you choose us, you are never just another case or a number. You are an important member of the Shulman & Hill family.
We are a multilingual law firm with attorneys fluent in Spanish and Russian. Contact us today to schedule your free, no-obligation consultation.
Compensation You Can Recover After a Brooklyn Pedestrian Accident
You may be entitled to economic and non-economic damages following a pedestrian accident. Economic damages compensate for financial losses, and non-economic damages compensate for the more intangible and subjective ways your injuries impact your life.
Economic damages include things like past and future medical expenses, rehabilitation costs, lost wages, lowered earning capacity, and home modification costs to accommodate your injuries. Non-economic damages include things like:
- Physical pain and suffering
- Mental anguish
- Loss of consortium
- Lowered quality of life
- Scarring, dismemberment, and disfigurement
How Much Compensation Can You Recover for a Pedestrian Accident?
You could receive thousands to millions in compensation for your pedestrian accident injuries. The amount will vary based predominately on three factors: 1) the insurance policy limits for all available insurance to provide compensation; 2) liability – who is responsible for your injuries; and 3) the severity of your injuries as reflected by the medical evidence (hospital and doctor visits, diagnostic studies, medical treatment and therapy), and the substantiated impact on your earnings. Our lawyers understand what’s required to maximize the amount of compensation you receive.
Our knowledgeable pedestrian accident lawyers in Brooklyn can connect you with the best doctors, vocational specialists, and therapists to ensure you receive the best care available. This will also ensure there are thorough medical records to prove your injuries. We will review these records and other evidence in the case to obtain compensation for you.
Is Compensation Available for Fatal Pedestrian Accidents?
You may receive damages if a loved one was killed in a pedestrian accident because of someone else’s carelessness. Family members eligible for wrongful death damages include surviving spouses, parents, and children. However, only the decedent’s personal representative can file a wrongful death lawsuit seeking compensation.
Our compassionate Brooklyn wrongful death attorneys can work with your loved one’s personal representative to build a strong case. Wrongful death damages include things like the decedent’s:
- Funeral expenses
- Medical expenses
- Lost lifetime income
- Pain and suffering prior to death
- Lost estate value
How Do New York’s No-Fault Laws Affect Pedestrian Accident Claims?
No-fault personal injury protection (PIP) insurance covers your basic economic losses when you are involved in a pedestrian accident, regardless of who caused the accident. In the case of a pedestrian accident, the claim is typically made against the insurance of the vehicle involved, and it must be filed within thirty (30) days of the collision. Our attorneys will help you navigate these tricky claims.
PIP is meant to cover your economic losses quickly without having to file a lawsuit. Mandatory PIP insurance in New York covers:
- Up to $50,000 in reasonable and necessary medical expenses.
- 80 percent of your lost earnings (maximum of $2,000 per month) for up to three years.
- $25 per day for other expenses related to your injuries (e.g., household services during recovery).
- $2,000 for the estate of pedestrians killed in an accident.
When PIP Isn’t Enough
The cost of severe injuries often exceeds PIP policy limits. You could also face years of debilitating pain and suffering, but PIP does not cover non-economic damages.
Brooklyn drivers must also carry liability insurance, which does cover non-economic damages. However, no-fault insurance laws prohibit injured pedestrians from filing auto liability claims unless their economic damages exceed $50,000 or they suffer a “serious injury.” To qualify as serious, injuries must result in at least one of the following:
- Death
- Dismemberment
- Significant disfigurement
- A fracture
- Miscarriage
- Permanent loss of use or significant limitation of a body part, organ, system, or member.
- Inability to engage in normal activities for at least 90 of the 180 days after the accident.
Auto liability claims require proving fault, normally based on negligence. Sadly, insurers often refuse to accept liability and deploy their extensive resources to minimize their payouts. A lawsuit may be necessary if they refuse to compensate you fairly.
Our experienced pedestrian accident lawyers in Brooklyn have the resources, experience, and skills to stand up to insurance companies and get the full compensation you deserve. Do not wait to reach out.
How Our Brooklyn Pedestrian Accident Law Firm Can Help You
According to data from the NYPD, Brooklyn has more pedestrian accidents than any other borough. Atlantic Avenue has even earned the unfortunate nickname of “Boulevard of Death” because of its high number of pedestrian accidents, especially between Bridge Park Drive and Eldert Lane. The city has tried to improve safety by installing mid-block crosswalks on Atlantic Avenue, but careless driving still poses significant risks to vulnerable pedestrians.
Many of our Brooklyn car accident lawyers live and work in the borough. They have seen firsthand the dangerous driving that puts pedestrians and other road users at risk. If you were injured in a pedestrian accident in Brooklyn, you can count on us to fight for the best results possible for your case.
Investigating the Accident
We work with investigators to identify every factor that contributes to our clients’ injuries. Often there are adjacent businesses that will capture a collision on camera – we do everything possible to secure all available evidence once we are retained.
Filing Your Insurance Claims
We can file your no-fault and auto liability insurance claims with each responsible party’s insurer. While you focus on recovering, our team can also handle communications with insurance companies to protect your rights.
Negotiating a Settlement
Once we calculate the full value of your claim, we will negotiate a settlement and refuse to accept less than you deserve. If necessary, we will take your case to court and fight for maximum results.
Filing a Personal Injury Lawsuit
The New York statute of limitations normally requires you to file your personal injury lawsuit against a private person or entity within three years after the accident. However, if your loved one died in a pedestrian accident, their personal representative must file a wrongful death lawsuit within two years. Though certain exceptions may apply, your claim will be dismissed if you miss the correct deadline.
If the insurance company refuses to offer a fair settlement, we are not afraid to initiate a personal injury lawsuit. We will build a strong case on your behalf and ensure it is filed before the statute of limitations expires.