Pedestrian accidents have become a leading source of serious and fatal injuries in Queens and throughout the boroughs. According to the New York State Department of Health, pedestrian injuries are “among the top 10 leading causes of injury-related and hospital admissions and death for almost all age groups in New York State.” Injuries in pedestrian accidents most often result from vehicle collisions, but they can also be caused by hazardous conditions that lead to trips and falls. If you were injured in a pedestrian accident in Queens or lost a loved one due to a pedestrian accident, an experienced Queens pedestrian accident lawyer at our firm can help you with your case.

Getting the Facts About Queens Pedestrian Accidents

How often do pedestrian accidents and injuries occur in Queens and the surrounding boroughs? The following facts and figures come from the New York State Department of Health, the National Safety Council (NSC), and the NYPD:
  • 300 pedestrians suffer fatal injuries every year, on average, in New York;
  • 15,000 pedestrians sustain non-fatal injuries in New York motor vehicle collisions every year, and more than 3,000 of those pedestrians have injuries that are severe enough to require hospital admission;
  • Queens has the second-highest rate of pedestrian injuries and deaths of all the boroughs, second only to Brooklyn; and
  • More than 7,900 pedestrians were killed nationwide in 2020.
 

Who is Liable for a Queens Pedestrian Accident?

Many different parties may be liable for a Queens pedestrian accident, including but not limited to:
  • Negligent car or truck driver;
  • Negligent motorcyclist;
  • Negligent bicyclist; or
  • Owner of the premises where a hazard on the property caused the pedestrian accident.

Distracted Walking and Comparative Fault in a Queens Pedestrian Accident

Distracted walking has increasingly become a serious problem and a cause of some pedestrian accidents as more people are walking while texting, reading emails, and using the internet on a smartphone. Distracted walking can lead to collisions with vehicles and bicyclists, as well as trip and fall pedestrian accidents. According to the American Academy of Orthopedic Surgeons (AAOS), the following are the most common causes of distracted walking accidents:
  • Talking on a phone;
  • Looking at a smartphone for texting, emailing, or web browsing;
  • Listening to music; and
  • Engaging in conversation with other pedestrians.
If a pedestrian is partially at fault for an accident due to distracted walking, it is important to know that the pedestrian can still recover damages under New York’s contributory negligence rule as long as another party is also liable. New York says that a plaintiff can recover damages in a lawsuit, but if the plaintiff is partially at fault, the damages award will be reduced by the portion of that plaintiff’s negligence.

Statute of Limitations for Filing a Queens Pedestrian Accident Claim

How much time do you have to file a Queens pedestrian accident claim? Under New York law, most pedestrian accident lawsuits must be filed within three years from the date of the accident if you are suing a negligent motorist or another private party. For example, if a pedestrian accident and injury occurred because a motorist hit a pedestrian who was crossing the street, or sideswiped a pedestrian walking on a neighborhood road in Queens, the statute of limitations will likely be three years from the date of the collision. However, some pedestrian accidents require filing a claim against the City of New York when pedestrian accident injuries occur as a result of a hazard on public property. For example, if a pedestrian accident happens because of a damaged sidewalk or street in Queens that has not been repaired, or due to debris on a sidewalk or walkway that has not been properly cleared, you may need to file a government claim. In these circumstances, you will have only 90 days from the date of the accident to file a notice of claim. Failure to file a notice of claim within 90 days will result in any future claim or lawsuit becoming time-barred. Once you file a notice of claim, most government lawsuits have a shorter statute of limitations of one year and 90 days that you must abide by in order to be eligible for compensation. To ensure that your claim is filed in a timely manner, you should seek advice from a pedestrian accident attorney in Queens as soon as possible after your accident.

Contact a Queens Pedestrian Accident Attorney Today

If you need advice about filing a pedestrian accident lawsuit, or you need assistance determining your eligibility for compensation, one of the dedicated and experienced Queens pedestrian accident lawyers at our firm can help. Contact the Law Offices of Gary E. Rosenberg, P.C. today for more information and to get started on your claim.