Injured as a Pedestrian or Cyclist in Westchester County? Here’s What to Know
Pedestrian and cyclist accidents are more common than many people realize and even a seemingly minor collision can result in serious injuries. If you’ve been involved in an accident, it’s important to understand the key steps that can protect your case. Documenting the scene, seeking medical attention promptly, and keeping detailed records of your injuries and expenses can all affect your ability to receive fair compensation.
At Denlea & Carton LLP, we help you navigate the process, determine who is responsible, and pursue compensation for your injuries. We handle cases on a contingency fee basis, so you won’t pay unless we win. If you’ve been hurt, reach out to us at Denlea & Carton LLP for a free consultation and practical guidance on what to do next.
Recent Accident Statistics and Trends
Pedestrian and cyclist accidents in Westchester County and New York City have been on the rise in recent years. In 2024, New York City experienced 61 pedestrian fatalities in the first half of the year. Similarly, cyclist deaths reached a 23-year high in 2023, with 30 fatalities. Of those 30 cyclist fatalities, 23 instances involved e-bikes.
These incidents often occur on streets lacking protected bike lanes and pedestrian safety features. For instance, 84% of cyclist deaths and 86% of serious injuries in the first nine months of 2024 occurred on streets without protected bike lanes. As the number of cyclists and pedestrians increases, so does the urgency to address these safety concerns and implement effective solutions.
Common Causes of Pedestrian and Bicycle Accidents
- Distracted Driving: Drivers looking at phones or other devices miss seeing pedestrians and cyclists.
- Failure to Yield: Accidents often happen at crosswalks or intersections when drivers don’t yield.
- Speeding: Higher speeds reduce reaction time and increase injury severity.
- Low Visibility: Nighttime, rain, or fog can make pedestrians and cyclists hard to see.
- Missing Safety Features: Streets without bike lanes, crosswalks, or proper signs are riskier.
- Impaired Driving: Alcohol or drugs significantly raise the chance of collisions.
- Road Hazards: Potholes, debris, or uneven surfaces can cause cyclists to lose control.
- Negligent Drivers: Ignoring traffic signals, stop signs, or pedestrian zones leads to accidents.
Understanding Your Legal Rights as a Pedestrian or Cyclist
If you’ve been injured as a pedestrian or cyclist, it’s important to know that you have legal rights to protect yourself. You may be entitled to receive compensation for medical bills, lost wages, pain and suffering, and other damages caused by the accident. Liability plays a key role in determining who was at fault, whether it’s a driver, property owner, or another party, which will directly affect your claim. Understanding your rights early on can help you gather the evidence needed, meet deadlines, and make informed decisions about pursuing a personal injury case.
Liability in Pedestrian and Bicycle Accidents
Liability in pedestrian and bicycle accidents comes down to determining who is legally responsible for the vehicle crash. In most cases, the at-fault party could be a driver who failed to obey traffic laws, a property owner who neglected unsafe conditions, or another individual whose actions directly caused the accident.
Establishing liability is necessary because it affects your ability to recover compensation for medical expenses, lost wages, and other damages. Collecting evidence such as witness statements, police reports, and photos from the scene can help build a strong case.
Comparative Negligence in New York
New York follows a comparative negligence system, which means your compensation can be reduced if you are found partly at fault for the accident. For example, if a cyclist is 20% responsible for a crash and the driver is 80% at fault, the injured cyclist’s damages would be reduced by 20%. Understanding how comparative negligence works is important when pursuing a personal injury claim. This will affect both the strategies used for your case and the amount of compensation you may ultimately receive. This makes having a knowledgeable bicycle accident attorney especially important.
Types of Compensation Available
- Medical Expenses: Coverage for hospital bills, doctor visits, rehabilitation, and ongoing care.
- Lost Wages: Compensation for income lost due to recovery time or inability to work.
- Pain and Suffering: Compensation for physical pain and emotional distress
- Property Damage: Reimbursement for damage to bicycles, personal items, or other property.
- Future Medical Costs: Coverage for long-term care or therapy related to the injury.
- Loss of Earning Capacity: Compensation if the injury affects your ability to earn income in the future.
- Punitive Damages: In rare cases, additional damages may be awarded to punish particularly negligent or reckless behavior.
Steps to Take After a Pedestrian or Bicycle Accident
- Get to Safety: Move out of traffic if you can and make sure everyone is okay. Call 911 if anyone is hurt.
- See a Doctor: Even small injuries should be checked and documented by a medical professional.
- Call the Police: Having an official report can help with insurance and legal matters later.
- Snap Photos: Take pictures of the scene, any vehicles or bikes involved, and your injuries.
- Gather Information: Collect names, phone numbers, and insurance info from drivers and witnesses.
- Save Everything: Keep medical bills, repair receipts, pay stubs, and any accident-related documents.
- Think Before You Speak: Don’t give official statements to insurance companies without legal guidance.
- Reach Out for Help: Contact a personal injury lawyer to understand your options and get help pursuing compensation.
Why Choose Denlea & Carton LLP for Pedestrian and Bicycle Accident Cases
When you’re injured as a pedestrian or cyclist, having an attorney on your side can make a real difference. At Denlea & Carton LLP, we guide you through every step of your case, from understanding your legal rights to pursuing the compensation you deserve. We handle communication with insurance companies, gather and organize crucial evidence, and make sure deadlines and paperwork are met. Our goal is to take the stress off your shoulders so you can focus on recovery.
We help our clients handle the parts of a case that are often overlooked or mishandled, such as:
- Collecting and preserving evidence from the accident scene
- Obtaining and reviewing medical records to accurately document injuries
- Communicating with insurance companies to protect your claim
- Calculating current and future damages, including lost wages and medical costs
- Identifying all parties responsible for your injuries
- Meeting strict legal deadlines and filing paperwork correctly
Contact Denlea & Carton LLP for a Free Consultation
Our dedicated pedestrian accident attorneys at Denlea & Carton LLP understand the complexities of these cases and the financial and emotional toll they take. We are here to help protect your rights and pursue the compensation you deserve, whether you were injured as a pedestrian or cyclist.
We know injuries from pedestrian or bicycle accidents can have lasting effects. Let our personal injury attorneys at Denlea & Carton LLP help protect your rights and pursue the compensation you deserve. Contact us today at (914) 331-0100 for a free consultation and let us guide you through the process.
