Pedestrian Accident Lawyer Rockville Centre, NY
If you were struck by a vehicle while walking in Rockville Centre, you already know how serious these injuries can be. At Isaacson, Schiowitz & Korson, LLP, we represent pedestrians injured by negligent drivers throughout Nassau County. Our Rockville Centre, NY pedestrian accident lawyer understands how these cases work and what it takes to recover full compensation. We have been handling personal injury claims for decades, and we know the tactics insurance companies use to minimize payouts to injured pedestrians.
Why Choose Isaacson, Schiowitz & Korson, LLP for Your Pedestrian Accident Case in Rockville Centre, NY?
Attorneys Who Have Tried Cases in Court
Jeremy Schiowitz has litigated personal injury cases for over 16 years. He handles depositions, motion practice, appeals, and trial preparation. Jeremy graduated from Brooklyn Law School and holds licenses in New York and New Jersey. He argued a landmark appellate case that changed liability standards for transit accidents in New York City. The American Institute of Personal Injury Attorneys named him one of the 10 Best Attorneys in New York, and he has been recognized as a Super Lawyer every year since 2014.
Martin Schiowitz has been practicing for over 50 years. He founded this firm in 1978 and has tried cases involving catastrophic injuries, wrongful death, medical malpractice, and civil rights violations. Martin belongs to the New York State Trial Lawyers Association and has been peer-selected as a Super Lawyer, a designation given to roughly the top 5% of attorneys.
When you need a personal injury attorney in Rockville Centre for a pedestrian injury claim, trial experience matters.
A Track Record of Results
Our firm has recovered millions of dollars for injury victims over the years, handling claims for car accidents, truck crashes, premises liability, and more. Pedestrian injuries fall under this umbrella, and we’ve handled claims ranging from broken bones to traumatic brain injuries to fatalities.
Results vary by case. But our track record shows we know how to build claims, present evidence, and negotiate from a position of strength.
Direct Access to Your Attorneys
Some firms process cases like an assembly line. You talk to an intake person, then a paralegal, then maybe an associate. We work differently. Our attorneys stay involved personally. When you call with a question, you get an answer from someone familiar with your case.
Contingency Fee Representation
We advance all case costs. Our fee comes from a percentage of your recovery. If we don’t win, you don’t pay attorney fees.
What Our Clients Say
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“They gave me excellent service. They were kind respectful and Professional and was always there for me throughout this process. Jeremy was very patient and his law firm were always very professional each and every time I called them he always returned My phone calls right away. I would definitely refer my family and friends to his law firm Thank You Jeremy for your outstanding service and support!! My outcome was very favorable” — Diane Long
Read more reviews on our Google Business Profile.
Types of Pedestrian Accident Cases We Handle in Rockville Centre
Pedestrian accidents happen in many different scenarios. The location and circumstances affect both liability and the complexity of the claim. If you’re wondering what to do after being hit, understanding your case type is the first step.
- Crosswalk accidents. Pedestrians have the right of way in marked crosswalks when the signal permits. Drivers who fail to yield, run red lights, or turn without checking for pedestrians cause serious injuries. These cases often involve clear liability, though insurance companies still try to shift blame.
- Intersection accidents. Not all intersections have marked crosswalks, but pedestrians still have crossing rights in many situations. Determining fault at unmarked intersections requires analysis of traffic patterns, signals, and both parties’ conduct.
- Parking lot accidents. Shopping centers, grocery stores, office complexes. Drivers in parking lots often focus on finding spaces rather than watching for pedestrians. Low speeds don’t mean low injuries when a vehicle strikes someone on foot.
- Sidewalk accidents. Vehicles jump curbs. Drunk drivers lose control. Distracted drivers drift off the road. Pedestrians on sidewalks expect to be safe from vehicle traffic. When a car invades that space, the driver bears responsibility.
- Backing accidents. Drivers backing out of driveways, parking spaces, or loading docks strike pedestrians they didn’t see. Children and elderly pedestrians are particularly vulnerable to these incidents.
- Hit-and-run accidents. Some drivers flee after striking pedestrians. These cases create challenges because the at-fault driver may never be identified. However, uninsured motorist coverage and other options may still provide compensation.
- Bus accidents. Public transit vehicles and private buses strike pedestrians at stops, crosswalks, and intersections. Claims against municipal transit authorities involve special rules and deadlines.
- Rideshare accidents. Uber and Lyft drivers sometimes strike pedestrians while distracted by their apps or rushing to pick up passengers. These cases involve multiple insurance policies that require careful navigation.
- Bicycle versus pedestrian. Cyclists on sidewalks or in crosswalks sometimes collide with pedestrians. While the injuries may be less severe than vehicle impacts, broken bones and head injuries still occur.
New York Pedestrian Accident Laws
New York law provides protections for pedestrians, but also imposes certain obligations. Understanding the legal framework helps you evaluate your claim.
Right of Way Rules
New York Vehicle and Traffic Law establishes when pedestrians have the right of way. Under VTL Section 1152, pedestrians in crosswalks with a “walk” signal have the right of way, and vehicles must yield. Drivers making turns must yield to pedestrians lawfully in the intersection.
At intersections without traffic signals, pedestrians in marked crosswalks generally have the right of way under VTL Section 1151. However, pedestrians must also exercise due care and cannot suddenly leave the curb and walk into the path of a vehicle that cannot stop in time.
Comparative Negligence
New York follows pure comparative negligence under CPLR Section 1411. If you were partially at fault for the accident, your recovery is reduced by your percentage of responsibility. You were 20% at fault? You recover 80% of your damages.
Insurance companies routinely argue that pedestrians contributed to their own injuries. They may try to shift blame by saying you were looking at your phone, wearing dark clothing at night, or that you crossed against the signal. Even if some fault lies with you, you can still recover. The question is how much fault, and that’s often a contested issue.
No-Fault Insurance and Pedestrian Claims
Here’s something many pedestrians don’t realize: New York’s no-fault insurance system covers pedestrians hit by vehicles. Under Insurance Law Section 5102, you can file a no-fault claim against the driver’s insurance for medical expenses and lost wages up to policy limits, regardless of who caused the accident.
But no-fault has limits. It doesn’t cover pain and suffering. To pursue those damages, your injuries must meet the “serious injury” threshold defined in the statute. Broken bones qualify. Significant disfigurement qualifies. Permanent limitation of a body function qualifies. Soft tissue injuries sometimes don’t, depending on severity and documentation. Understanding how PIP insurance works helps you navigate these claims.
Statute of Limitations
Most pedestrian accident claims must be filed within three years under the General Municipal Law Section 50-e, and the lawsuit deadline is typically one year and 90 days.
What Damages Can You Recover After a Pedestrian Accident in Rockville Centre
Pedestrian accidents often cause severe injuries, and the damages reflect that severity.
Medical Expenses
Hospital bills. Surgery. Rehabilitation. Physical therapy. Prescription medications. Assistive devices like wheelchairs or walkers. Future medical care if your injuries require ongoing treatment. All of these are recoverable as economic damages.
Pedestrian injuries tend to be expensive. There’s no vehicle absorbing impact energy. Broken bones, head trauma, spinal injuries, and internal organ damage are common. The medical bills accumulate fast. Understanding what happens when medical bills exceed your settlement is important for planning.
Lost Income
If your injuries kept you from working, you can recover those lost wages. If your injuries permanently limit your earning capacity, that future lost income is also compensable. A 35-year-old who can never return to their previous occupation has a substantial lost earnings claim.
Pain and Suffering
You may recover damages for physical pain, emotional distress, anxiety about walking near traffic, depression from limitations on your activities, and loss of enjoyment of life. These non-economic damages often exceed the economic damages in serious pedestrian injury cases. Calculating pain and suffering in New York involves multiple factors.
New York doesn’t cap pain and suffering awards in most personal injury cases. The amount depends on injury severity, permanence, and impact on your life.
Wrongful Death
When pedestrian accidents prove fatal, surviving family members may have wrongful death claims. These cases compensate distributees for lost financial support, lost services, and funeral expenses.
Common Pedestrian Accident Injuries
The human body isn’t designed to withstand vehicle impacts. Pedestrian injuries tend to be severe.
Traumatic brain injuries. Pedestrians often strike their heads on the vehicle, the pavement, or both. Concussions, skull fractures, and serious TBIs affect cognitive function, memory, and personality. Some effects are permanent. Knowing what to expect with brain injuries helps families prepare.
Spinal cord injuries. The force of impact can damage vertebrae and the spinal cord itself. Paralysis, either partial or complete, changes lives forever.
Broken bones. Legs, hips, pelvis, arms, ribs. Compound fractures requiring surgical repair. Multiple fractures from a single impact. Recovery takes months and sometimes involves permanent limitations. Fractured rib compensation varies based on severity.
Internal injuries. Blunt force trauma damages internal organs. Ruptured spleens. Lacerated livers. Internal bleeding that isn’t immediately apparent.
Soft tissue injuries. Torn ligaments. Damaged tendons. Muscle tears. These injuries sometimes require surgery and extensive rehabilitation.
Facial injuries and disfigurement. Impact with vehicles or pavement causes facial fractures, dental damage, scarring, and permanent disfigurement.
Steps to Take After a Pedestrian Accident in Rockville Centre
Your actions after being struck by a vehicle affect both your health and your legal claim.
Get medical attention immediately. Even if you think you’re okay. Adrenaline masks pain. Internal injuries don’t always show symptoms right away. A medical evaluation creates documentation linking your injuries to the accident.
Call 911. Report the accident to the police. A police report creates an official record of what happened, including witness statements and the officer’s observations. Get the report number.
Document everything you can. If you’re able, take photos of the accident scene, the vehicle, your injuries, and any relevant conditions like crosswalk markings or traffic signals. Get the driver’s information and contact information for witnesses.
Don’t give statements to the driver’s insurance company. They will call. They will sound sympathetic. They’re looking for statements they can use to reduce your claim or deny it entirely. Be aware of insurance adjuster tactics designed to minimize your recovery.
Keep records. Medical bills, appointment records, correspondence with insurance companies, receipts for any accident-related expenses. Organization matters as your case develops.
Contact a pedestrian accident attorney. The sooner we can investigate, the better. Evidence disappears. Surveillance footage gets overwritten. Witnesses become harder to find. Hiring an attorney early protects your claim.
Pedestrian Accident Statistics
Pedestrian fatalities have increased significantly over the past decade. The numbers are sobering.
According to the National Highway Traffic Safety Administration, over 7,500 pedestrians died in traffic crashes nationally in 2022. That’s roughly 20 pedestrian deaths per day. The number has increased by more than 50% since 2010.
New York accounts for a significant share of pedestrian fatalities. According to data from the Governors Highway Safety Association, New York consistently ranks among the top states for pedestrian deaths.
Several factors contribute to rising pedestrian fatalities. Larger vehicles with higher front ends cause more severe injuries. Distracted driving from smartphones affects both drivers and pedestrians. Inadequate pedestrian infrastructure in suburban areas forces people to walk in dangerous conditions.
Nassau County sees substantial pedestrian traffic in commercial areas like Rockville Centre’s downtown district. The combination of vehicle traffic, on-street parking, and pedestrian activity creates collision risks, particularly near the LIRR station during commute hours.
Rockville Centre Pedestrian Accident Lawyer FAQs
Do I have a case if I was jaywalking?
Possibly. New York’s comparative negligence law allows recovery even if you were partially at fault. Your damages would be reduced by your percentage of responsibility. Jaywalking doesn’t automatically bar recovery.
What if the driver didn’t stop?
Hit-and-run cases present challenges, but options exist. Your own uninsured motorist coverage may provide compensation. We investigate to identify the vehicle if possible. Sometimes witnesses, surveillance footage, or physical evidence leads to the driver.
How long do I have to file a claim?
Three years for most cases. If a government vehicle hit you, you must file a Notice of Claim within 90 days. Don’t wait. Evidence disappears and deadlines pass faster than people expect.
Will my health insurance cover my treatment?
Health insurance typically covers treatment, but the insurer may seek reimbursement from any settlement you receive. No-fault insurance from the driver’s policy also covers medical expenses up to policy limits.
What if I was hit by an uninsured driver?
Your own auto insurance policy’s uninsured motorist coverage may apply, even though you were a pedestrian. We review all available coverage sources.
How much is my case worth?
It depends on injury severity, medical expenses, lost income, pain and suffering, and the available insurance coverage. Pedestrian injuries tend to be severe, which typically means higher damages than minor fender-benders. Understanding typical settlement amounts provides context.
Should I accept the insurance company’s first offer?
Almost certainly not. Initial offers are usually low. Insurance companies start low because many people accept without understanding the true value of their claim. Know what happens when you reject an offer.
What if I didn’t get the driver’s information?
The police report may contain it. If police weren’t called, other investigation options exist. Nearby businesses may have surveillance footage. Witnesses may have observed the license plate.
Do I need a lawyer for a pedestrian accident?
Pedestrian injuries are often severe, and the stakes are high. Insurance companies assign experienced adjusters to these claims. Having an attorney levels the playing field.
What happens if the driver claims I walked into traffic suddenly?
That’s a common defense. We investigate the circumstances, gather evidence, and counter their version of events. Witness statements, traffic camera footage, and accident reconstruction can establish what actually happened. Understanding how to prove liability is central to these cases.
Can I sue if I was hit in a crosswalk?
Crosswalk accidents often involve clear liability, but insurance companies still contest claims. We document your right of way and the driver’s failure to yield.
How long will my case take?
It varies. Cases with clear liability and cooperative insurers sometimes settle in months. Disputed cases or those involving severe injuries may take a year or longer.
What if my injuries prevent me from working permanently?
Future lost earning capacity becomes a major component of your damages. We work with vocational experts and economists to calculate what you would have earned over your working life.
Will I have to go to court?
Most cases settle before trial. If the insurance company refuses to offer fair compensation, we’re prepared to present your case to a jury.
What should I bring to the consultation?
Police report, medical records, photos, insurance information, witness contact information. If you don’t have everything, come anyway. We can help gather what’s missing.
Dangerous Locations for Pedestrian Accidents in Rockville Centre
Certain areas see more pedestrian accidents due to traffic volume and pedestrian activity.
The area around Rockville Centre LIRR Station experiences heavy pedestrian traffic during morning and evening commutes. Commuters walking to and from trains cross busy streets, creating collision risks.
Sunrise Highway carries high-speed traffic through the area. Pedestrians attempting to cross face serious danger, particularly at locations without traffic signals.
Merrick Road runs through the village center with numerous businesses and restaurants. Pedestrians crossing to reach shops, and vehicles pulling in and out of parking spaces, create constant interaction.
North and South Park Avenues in the downtown commercial district see significant pedestrian activity. Drivers searching for parking sometimes focus on open spaces rather than pedestrians.
Local Resources for Rockville Centre Pedestrian Accident Victims
Medical Facilities:
- Mercy Hospital, Rockville Centre, (516) 705-2525
- Mount Sinai South Nassau, Oceanside, (516) 632-3000
Law Enforcement:
- Rockville Centre Police Department, (516) 766-1500
- Nassau County Police Department, (516) 573-7000
Government:
- Village of Rockville Centre, (516) 678-9300
- New York State DMV, accident reports
Disclaimer: Listing these resources does not constitute an endorsement by Isaacson, Schiowitz & Korson, LLP.
Contact Isaacson, Schiowitz & Korson, LLP
Pedestrian accidents cause serious injuries that require serious legal representation. If you were struck by a vehicle in Rockville Centre, NY, our attorneys can evaluate your claim, explain your options, and fight for the compensation you deserve.
We offer free consultations to review your case. There is no obligation, and you will get an honest assessment of your claim. If you decide to move forward, we handle the case on contingency. You pay no attorney fees unless we recover money for you. Contact us today to schedule your free consultation.
