White Plains Pedestrian Accident Lawyer

Danial G. Ecker
Content Legally Reviewed by:
Founding Partner

New York has one of the highest rates of pedestrian accidents in the country due to its large pedestrian population. If you’ve been injured as a pedestrian in White Plains, New York, or anywhere else in the state, or if someone you love has been injured or killed as a pedestrian, you may be entitled to significant financial compensation under New York law.

Careless drivers and their insurers have a responsibility to pay for the damages they cause when they injure pedestrians, but insurance companies often try to make it as difficult as possible for victims to get properly compensated. At Lever & Ecker, our White Plains personal injury attorneys can help you secure full damages after a pedestrian accident despite the insurers fighting against you.

Why Hire Lever & Ecker as Your Pedestrian Accident Lawyer in White Plains?

If you or someone you know was injured as a pedestrian in White Plains, Lever & Ecker can help. With over 70 years of combined experience handling personal injury lawsuits in the area and securing substantial recoveries for injured pedestrians, we fight hard for the rights of New York pedestrians who have been injured in accidents. Our lawyers take a firm and aggressive stand against drivers and insurers in order to maximize compensation for our clients, leveraging our extensive experience and resources on their behalf.

We understand how an accident can disrupt your life, and the lives of your family members. Our attorneys will stand by your side when navigating the complex legal process, meeting you wherever and whenever is most convenient—at your home, at the hospital, on the phone, after hours, or on weekends. Whatever it takes, we will keep you informed about your case and leave no stone unturned.

Case Results

What is a Pedestrian Knockdown? How Common Are They?

In New York, many pedestrian accidents and fatalities occur when the pedestrian is properly and carefully crossing the street, within a crosswalk or at an intersection with the right-of-way. Yet, pedestrian accidents also occur at mid-block crossings or on multi-lane roadways at non-signalized locations. In White Plains, one place where pedestrian accidents are particularly common is on Main Street between Lexington Avenue and Martin Luther King Boulevard. Here, all too many individuals crossing mid-block on their way to and from the White Plains Train Station have been hit by vehicles . Main Street is a multi-lane road at this location, making it even more dangerous for pedestrians.

Personal injury law defines a pedestrian accident as when a motor vehicle hits someone traveling on foot. Common causes of pedestrian accidents in White Plains include incidents involving improper left turns, failure to yield, speeding, distracted driving, and failure to stop at red lights or stop signs. One pedestrian was killed after properly walking in the direction of oncoming traffic and being struck by a vehicle in the left lane.

“We’ve seen an unfortunate increase in the number of pedestrian accidents in recent years, and I think that has a lot to do with distracted driving,” said David B. Lever, founding partner at Lever & Ecker. “I can’t tell you how many times we’ve had clients who were crossing the street in a crosswalk with the walk sign in their favor, and a driver came and hit them. We can’t rewind that, we can’t make that not happen, but it’s our job to hold the person who caused that accident responsible.”

Who Can Be Held Liable in a Pedestrian Accident in White Plains?

Generally, pedestrian accident cases come down to whether the driver who hit the victim was acting negligently. Negligent drivers are legally liable for the injuries and other damages they cause, including if the accident caused a wrongful death. It is possible for more than one party to be responsible for an accident, but even if the pedestrian is partially at fault—for example, by not crossing at a crosswalk or being on their phone while crossing—they may still be able to recover compensation from the driver under New York’s comparative negligence laws.

Every driver owes a duty of care to the drivers, passengers, and pedestrians around them, and a breach of that duty may lead to liability for negligence. Some examples of negligence while driving include:

  • Speeding
  • Distracted driving (including texting while driving)
  • Running off the shoulder
  • Drunk driving
  • Aggressive driving
  • Running red lights or stop signs
  • Improper vehicle maintenance
  • Failure to yield the right of way to pedestrians

Recovering Compensation in Pedestrian Accidents

There are a few avenues toward compensation victims can pursue after a pedestrian accident. These include no-fault insurance claims and personal injury lawsuits. In most cases, you can file a lawsuit if you show that you suffered a “serious injury” as defined under New York’s Insurance Law . Examples of a qualifying serious injury are a traumatic brain injury and a fractured bone.

  • No-fault claimsNew York is a no-fault car insurance state, meaning drivers must carry a minimum amount of no-fault insurance coverage to help cover medical expenses and certain other economic losses after an accident. A no-fault insurance claim will cover up to at least $50,000 in economic losses, including reasonably necessary medical expenses and a portion of earnings you may have lost due to your injury (either 80 percent or $2,000 per month, whichever is less).
  • Bodily injury claims – If you’ve suffered a serious injury, you can file a personal injury claim against the at-fault party. These claims require proving fault to hold the responsible driver liable. You can use this route to seek compensation for your injuries, including pain and suffering and surgeries,and economic expenses not covered under your no-fault claim, like additional medical expenses, lost wages, or property damage.

Injured pedestrians are often able to recover substantial damages after an accident in New York. Consulting with a lawyer is the best way to learn about the applicable laws and whether you have a viable bodily injury claim.

How Long Do You Have to File a Pedestrian Accident Lawsuit in White Plains?

Depending on the circumstances of your pedestrian accident, the statute of limitations under New York law could be as long as three years, but it varies on a case-by-case basis and is sometimes far less than three years. Contact our White Plains pedestrian accident lawyers to find out how the applicable statute of limitations impacts your situation.

As for how long a pedestrian accident lawsuit might take in New York, every case is different, and there’s no one-size-fits-all answer—some claims take a few months, some can take more than a year. The length of the case depends on the nature of the evidence, the number of parties involved, the severity of your injuries, the court’s calendar, the cooperation of the insurance company, and whether there is a dispute as to liability, causation, or damages. 

At Lever & Ecker, we don’t rush a claim or compromise your best interests. We work hard to resolve these cases as efficiently as possible, but patience is key. We are here to ensure you have the support you need throughout the life of your claim.

How Can a White Plains Pedestrian Accident Lawyer Help Me?

Having an experienced pedestrian accident attorney by your side can make a significant difference throughout the claims process, especially because pedestrian accidents have a much higher potential for severe injuries than other types of auto accidents. People with legal representation generally recover far more compensation in personal injury cases than people representing themselves. If you or a loved one was injured as a pedestrian in White Plains, Lever & Ecker will fight for you.

In addition to handling every aspect of your case and advising you at every turn, your lawyer can help you take a confident stand against the insurance companies on the other side of the battlefield. Insurers are not afraid to mount an aggressive defense against your injury claim, sometimes even claiming that you were at fault for your own injuries.

Insurers also generally make initial settlement offers for far less money than you deserve. Our attorneys can help you evaluate any offers to ensure they compensate you properly, even when facing the largest and most powerful corporate interests. Don’t sign a settlement agreement with an insurer or other party until you’ve spoken with a lawyer.

Contact our White Plains Pedestrian Accident Lawyers Today

Our White Plains pedestrian accident lawyers will be there for you down the path to justice, from finding you the right doctor if you don’t know where to go to securing expert witness testimony. Motivated by helping our clients and making a difference in their lives, we take a hands-on approach to every client’s matter.

Offering top-tier legal representation and an open line of communication, Lever & Ecker can help you recover the compensation you deserve after being injured in a pedestrian accident. We offer free, no-obligation consultations and operate on a contingency fee basis, meaning you’ll pay nothing for our services unless and until we win your case. If you’ve been involved in a pedestrian accident in White Plains, contact our firm today by calling (914) 288-9191 or filling out our online contact form.