Walking should not be a life-threatening activity, but in the Capital Region, pedestrian accidents are an ever-present danger. A pedestrian has none of the safety systems that provide protection to drivers and their passengers, and are vulnerable to sustain life threatening injuries, or even death, at the hands of a negligent driver.
If you or a loved one are struck by a car, truck, or bus in Albany, the personal injury attorneys at Anderson, Moschetti & Taffany, PLLC are here to protect your rights, navigate the complexities of New York personal injury law, and secure full and fair damages to compensate you and enable you to rebuild your life.
The Most Dangerous Streets for Pedestrians in Albany
Local data and safety studies highlight that Albany has several high-risk corridors where pedestrian accidents happen frequently. Distracted driving, their failure to yield, and speeding are major factors, particularly on roads with heavy traffic and complex intersections.
Our firm routinely investigates severe and fatal pedestrian accidents on dangerous local routes, including:
- Central Avenue: Specifically near Robin Street and North Lake Avenue, where heavy commercial traffic and complex intersections create high risks.
- Washington Avenue: Near Lark Street, where high vehicle speeds and heavy pedestrian foot traffic overlap.
- Madison Avenue & Lark Street: Areas heavily populated by college students, residents, and nightlife, often experiencing evening and weekend accidents.
- Everett Road & Clinton Avenue: Corridors where crosswalks are either sparse or poorly lit, increasing the risk of nighttime collisions.
Who Pays My Medical Bills? Understanding NY “No-Fault” Law
One of the most immediate concerns after being hit by a car is: “How will I afford the medical bills, from the emergency room to doctors and physical therapy services?”
Many pedestrians do not realize that under New York’s so called No-Fault personal injury protection provisions, the insurance company covering the vehicle that hit you is responsible for paying your initial medical bills and a portion of your lost wages, regardless of who was at fault for the accident.
- You are covered even if you don’t own a car. The driver’s Personal Injury Protection (PIP) policy applies to you as a pedestrian.
- Strict Deadlines: You must file a No-Fault application with the driver’s insurance company within 30 days of the accident. If you miss this window, you may well be personally responsible for your medical expenses.
Proving Fault for Your Pain and Suffering
While No-Fault covers basic medical bills and lost wages up to $50,000, it does not compensate you for pain and suffering, emotional distress, or future loss of earning capacity. To recover these damages, we will file a personal injury lawsuit against the at-fault driver.
To win your case, we will gather evidence to prove the driver was negligent. Common examples of driver negligence include:
- Failing to yield the right-of-way to a pedestrian in a marked crosswalk.
- Running a red light or stop sign.
- Making an illegal or distracted right or left turn into a crosswalk.
- Speeding in school zones or residential neighborhoods.
What if I wasn’t in a crosswalk? Even if you were crossing mid-block (jaywalking), you will likely still have a case. New York is what is known as a “pure comparative negligence” state. This means that even if you were partially at fault for the accident, you can still recover damages. For example, if a speeding driver hits you outside of a crosswalk, a jury might find you 30% at fault and the driver 70% at fault. You would still be entitled to 70% of your total damages.
Immediate Steps to Take After a Pedestrian Accident
The actions to be taken as soon as possible following an accident can make or break a personal injury claim:
- Get Medical Help Immediately: Do not try to “walk it off.” Internal bleeding, hairline fractures, and traumatic brain injuries (TBIs) may not show severe symptoms immediately due to many factors.
- Call the Police: An official accident report from the Albany Police Department or NYS Police is vital. The officer should document all evidence, to ensure the facts of the accident are undisputable.
- Gather Evidence (If Able): Take photos of the scene, vehicle that hit you, and anything you deem relevant at the location.
- Identify Witnesses: If the officer doesn’t do your best to obtain the names and phone numbers of anyone who saw the crash. Bystander testimony is often the key to proving the driver ran a red light or was looking at his/her phone.
- Do Not Speak to the Driver’s Insurance company: Adjusters will call you quickly, hoping you will inadvertently admit fault or accept a lowball settlement offer before you know the true extent of your injuries.
Demand Justice with Anderson, Moschetti & Taffany, PLLC
Pedestrian accident cases require thorough investigation. We work with accident reconstruction and other necessary experts to prove the driver was negligent.
If you were hit by a car in Albany, do not fight the insurance companies alone. Put over 100 years of combined legal experience in your corner. We handle all pedestrian accident cases on a contingent fee basis, meaning there are no upfront costs, and we only are compensated if we win your case.
Call us when you need us at 518-785-4900.
Our office is local and convenient:
26 Century Hill Drive, Suite 206
Latham, NY 12110