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Queens Pedestrian Accident Attorney

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Legally Reviewed by:

Alex Nocerino
Alex Nocerino, managing partner and personal injury lawyer at Chopra & Nocerino, LLP in Garden City, NY

Content Last Updated:   April 3, 2024

New Yorkers are used to walking. Of course, pedestrian safety is always a concern when navigating bustling streets throughout the five boroughs, including Queens. Even if you use crosswalks and obey traffic signals, you may still be hit by a careless driver. The physical, emotional, and financial aftermath of these accidents can be devastating. 

At Chopra & Nocerino, our Queens pedestrian accident attorneys are standing by to ensure you know your full legal rights and options. We will evaluate your case and fight tirelessly for your right to full and fair compensation. Call (855) NYC-HURT or fill out our online contact form to schedule your free consultation today. 

Hit by a Car in Queens, NY? Here’s What You Should Do Next.

Being hit as a pedestrian can be an overwhelming experience. However, taking the right steps in the aftermath is essential to protect your well-being and your right to seek compensation through a pedestrian accident lawsuit against the at-fault driver. If you are injured in a pedestrian accident in Queens, take the following steps:

  • Seek Medical Attention – Your health and safety are the top priority. Seek medical attention for any injuries, no matter how minor they may seem.
  • Contact Law Enforcement – Call 911 to report the accident and request assistance from law enforcement. They will document the incident and create an official report, which can be crucial for insurance claims and legal proceedings down the road.
  • Gather Information – Obtain the driver’s contact information, insurance details, and vehicle license plate number. If there are witnesses, ask for their contact information as well.
  • Document the Scene – Take photos or videos of the accident scene, including any visible injuries, property damage, skid marks, traffic signals, and weather conditions. This documentation can serve as valuable evidence later on.
  • Don’t Admit Fault – Avoid making statements that could be interpreted as admitting fault, such as apologizing or speculating about what happened. Stick to the facts when speaking with the driver, law enforcement, and insurance representatives.
  • Preserve Evidence – Preserve any evidence related to the accident, such as clothing worn at the time of the accident, medical records, and receipts for medical expenses.
  • Follow Medical Advice – Follow all medical instructions and attend follow-up appointments as recommended by your healthcare provider. 
  • Keep Records – Keep detailed records of all medical treatment received, expenses incurred, and any impact the accident has had on your daily life, such as missed work and day-to-day pain.
  • Be Careful Posting on Social Media – The insurance adjusters handling your case will look for whatever reason they can to minimize or deny the true value of your claim. Some insurance companies might even monitor you after the accident. Be careful posting about the accident online. 
  • Consult with an Attorney – Consult with our experienced Queens pedestrian accident lawyers as soon as possible. We can provide legal guidance, protect your rights, and help you pursue compensation for your injuries and losses.

By taking these steps, you can protect your rights, ensure your well-being, and position yourself strongly to pursue compensation for your injuries and damages in a pedestrian accident lawsuit. Do not wait to take legal action. 

Why You Should Hire Chopra & Nocerino to Handle Your Pedestrian Accident Lawsuit in Queens

Chopra & Nocerino is a full-service personal injury law firm. We are real New Yorkers dedicated to defending the rights of accident victims injured at little to no fault of their own. With over twenty years of experience, our all-star legal team of pedestrian accident lawyers has what it takes to handle your case from start to finish. Among other things, we will:

  • Make sure you know your full legal rights and options 
  • Conduct a full independent investigation of your pedestrian accident
  • Gather all available evidence 
  • Evaluate the governing law and regulations 
  • Prepare all documents and filings in your case
  • Make sure everything is filed before the governing deadlines
  • Gather testimony from witnesses and experts
  • Prepare you to testify in depositions and court
  • Calculate the full and fair compensation you are owed
  • Negotiate a fair settlement with the at-fault party and their insurers
  • Take the battle to court if they refuse to compensate you fairly

Stellar Case Results: A Proven Track Record of Success

We have a strong track record of success securing high-value verdicts and settlements for personal injury victims throughout the five boroughs of New York. Below are just a few examples of case results we have secured for our clients injured in pedestrian accidents:

  • $1.25 Million settlement – A mother and child were crossing the street when they were hit by a large truck. The daughter received shoulder surgery and, eventually, spine surgery.
  • $1.25 Million settlement – A 37-year-old female pedestrian was struck in the crosswalk while crossing the street. This resulted in an open reduction internal fixation surgery to the left leg.
  • $1 Million settlement – A female in her 20s was struck by a passenger vehicle while crossing mid-block in a heavily trafficked Queens intersection. Many other law firms rejected the case, but we felt the victim was entitled to compensation.
  • $700,000 settlement –  A 52-year-old male was struck by a commercial vehicle as he was walking in NY. He suffered injuries to his left leg, left arm, and right elbow.

The Best of the Best: Awards & Recognition

As the exclusive personal injury law firm of the New York Mets, the legal team at Chopra & Nocerino knows how to hit a home run. Our dedication to providing excellent representation and securing top results for our clients has cemented our reputation as a firm unlike any other out there. We have been recognized by numerous professional organizations and publications, including:

  • Top 10 Under 40 by the National Academy of Personal Injury Attorneys
  • National Trial Lawyers Top 100
  • Super Lawyers Rising Star
  • Top 100 Lawyers, 2021 Attorney of the Year

How Do I Know Which Pedestrian Accident Lawyer is Right for Me?

Choosing the right lawyer to handle your pedestrian accident is crucial. Look for the following characteristics in a Queens personal injury attorney to ensure you secure the excellent legal counsel and representation you deserve in the aftermath of an accident: 

  • Specialization – Prioritize attorneys with expertise in pedestrian accident cases.
  • Experience – Seek out lawyers with a proven track record in similar cases.
  • Reputation – Look for positive client testimonials and peer reviews.
  • Communication – Ensure the attorney is accessible and keeps you informed.
  • Resources – Choose a firm with the resources to investigate and litigate your case effectively.
  • Track Record – Evaluate their success rate in securing favorable outcomes for clients.
  • Trust – Select a lawyer you feel confident entrusting with your case. 

It is also helpful to know the signs of a bad attorney, and the best way to sniff them out is by preparing for your free consultation in advance. At Chopra & Nocerino, we deliver only the highest-quality representation. We are confident you will not be disappointed and are standing by to address all of your questions and concerns. Schedule your free, no-obligation consultation today.

Is There a Time Limit for Filing a Queens Pedestrian Accident Case?

Yes. The New York statute of limitations for personal injury normally gives you three years from the date of your pedestrian accident to file a lawsuit seeking compensation from the at-fault party. However, if the accident is fatal, the decedent’s estate representative has two years from the date of death to file a wrongful death lawsuit. Further, if the defendant in your case is a government entity, such as the City of New York, there is an even shorter 90-day deadline to give required notice. 

No matter which deadline governs your case, filing your claim sooner than later is crucial for several reasons:

  • Failing to file within the statutory time limit can result in your case being barred entirely, meaning you’ll lose the right to seek compensation for your injuries, as well as your bargaining power when the at-fault party realizes you can no longer sue.  
  • Evidence may become stale or lost over time, making it more challenging to prove your case effectively. 
  • Delaying filing can lead to difficulties in locating witnesses or obtaining crucial documentation.

Exceptions to the Pedestrian Accident Statute of Limitations in New York

There are some notable exceptions to the statute of limitations that may come into play in a Queens pedestrian accident case. 

  • “Infancy or Insanity”  – There is an exception for plaintiffs who are minors or legally insane. In short, the three-year countdown is paused until either condition ceases. For example, minors hit in pedestrian accidents have until their 21st birthday to file. 
  • Defendant’s absence from the state – If the defendant leaves the state or evades liability by adopting a false name, the three-year countdown is paused while they remain out of state or undiscovered. 

It is very important that you consult with an experienced pedestrian accident lawyer before relying on these exceptions. If they do not apply to your case, the normal deadline will apply. If you miss it, the presiding judge will be forced to dismiss your case. 

How Common Are Pedestrian or Crosswalk Injuries in Queens, NY?

Pedestrian and crosswalk accidents are a significant concern in Queens. In 2023, the borough saw over 900 crashes involving pedestrians or cyclists. In January 2024, state Assembly Member Jessica González-Rojas, who represents Jackson Heights, was struck by a vehicle. In a recent interview with a local news outlet, she explained: 

“Queens has had the second highest rates of pedestrian deaths across the city. I think we had 85 deaths last year and 13 alone, maybe more, in Western Queens. So we came together and created a whole vision around addressing the street safety issue. And now I’m part of the statistic.”

New York Pedestrian and Crosswalk Injury FAQs

1. Do I Still Have a Case if the Driver Fled the Scene?

Absolutely. Even if the at-fault driver in your pedestrian accident fled the scene, you have a legal right to pursue compensation for your injuries. First of all, it is a crime to flee the scene of an auto accident, and you may be entitled to restitution if the driver is prosecuted. 

You may also pursue compensation through no-fault personal injury protection (PIP) coverage, which is mandatory in New York. If the at-fault driver is found and your economic damages exceed $50,000 or you suffered a serious injury, you can also seek compensation through their auto liability insurance. 

If the at-fault driver cannot be found, most insurance companies will handle the case as though they were an uninsured driver. In that case, you could seek compensation through your own uninsured/underinsured (UM/UIM) coverage.  In New York, you may also be able to file a claim through the Motor Vehicle Accident Indemnification Corporation (MVAIC).

2. How Does a Lawyer Help Prove Fault in a Pedestrian Accident Claim?

Our pedestrian accident lawyers will provide invaluable assistance by offering legal guidance, negotiating with insurance companies, and representing you in court proceedings. They will investigate the accident, gather evidence to establish liability, and calculate damages for medical expenses, lost wages, pain, suffering, and more. 

3. Can I Still Recover Compensation if I Was Partially at Fault?

Yes. Thanks to New York’s comparative negligence law, you can still recover compensation even if you were partially at fault for your pedestrian accident. However, your compensable damages will be reduced in proportion to your degree of fault. For example, if you are found to be 30 percent at fault for an accident that caused $1 million in damages, your compensation will be reduced to $700,000. 

The at-fault party will fight hard to pin the blame on you. You can count on our pedestrian accident lawyers to fight back harder. 

4. What Are the Most Common Pedestrian Accident Injuries?

Because pedestrians are fully exposed to the full impact of oncoming vehicles, they often suffer catastrophic injuries in the event of a crash. Many are fatal. Common injuries our pedestrian accident lawyers see in the cases we handle include: 

  • Fractures – Such as broken bones in the legs, arms, or pelvis.
  • Head Injuries – Including concussions, traumatic brain injuries (TBIs), or skull fractures.
  • Soft Tissue Injuries – Such as sprains, strains, or contusions.
  • Spinal Cord Injuries – Resulting in paralysis, loss of sensation, or impaired mobility.
  • Lacerations – Cuts, abrasions, or puncture wounds.
  • Internal Bleeding and Organ Damage – Damage to organs such as the lungs, liver, spleen, and kidneys.
  • Psychological Trauma – Emotional distress, anxiety, or post-traumatic stress disorder (PTSD). 
  • Amputations – Loss of limbs due to severe trauma or crush injuries.
  • Road Rash – Abrasions and burns from contact with the road surface during the accident.

Contact Our Queens Pedestrian Accident Lawyers Today

If you or a loved one were injured in a pedestrian accident in Queens, you do not need to face the legal aftermath alone. You can count on our pedestrian accident lawyers at Chopra & Nocerino to handle your case with the utmost care and attention it deserves. Our aggressive approach has helped us secure hundreds of millions of dollars in compensation for our clients. 

When you have us fighting in your corner, we guarantee no nonsense, no politics, no talking, just straight war. Call (855) NYC-HURT or fill out our online contact form to schedule your free consultation with our skilled pedestrian accident lawyers in Queens. 

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