Pedestrian Knock-Down

Walking in America is becoming more dangerous every day. The Governors Highway Safety Association (GHSA) estimates more than 7,300 pedestrian fatalities occurred on U.S. roadways in 2023. This represents a 14% increase from 2019. “Pedestrian fatalities accounted for nearly one in five traffic fatalities (17.8%) in the U.S. in 2022.” In cities with the largest populations, including New York, “pedestrian fatality counts are rising more quickly… compared to the country at large.” ⁽¹⁾

Data from New York indicates roughly 300 pedestrians were killed. Another 15,000 are injured each year. “Injuries to pedestrians are among the top 10 leading causes of injury-related hospital admissions and death for almost all age groups In New York State.” ⁽²⁾

Driver Negligence Can Seriously Injure Pedestrians

Highway safety professionals refer to the impact between a motor vehicle and a pedestrian as a crash rather than an accident, the distinction being that crashes are preventable.

A New York pedestrian safety plan report noted the behaviors contributing to pedestrian crashes in the state. “The most frequent behavioral factors include inattention, failure to yield, alcohol and pedestrian error.” ⁽³⁾

The report also found the leading contributing factor was driver inattention. The second main factor was failure to yield. ⁽⁴⁾

In N.Y., “Pedestrian crashes are widely dispersed but predominately urban,” according to the state’s report. The report notes, “most of the crashes in urban areas resulted in a fatality, injury or possible injury. ⁽⁵⁾

If you’ve been injured by a driver’s negligence, you may benefit from talking with an attorney. Weitz & Luxenberg’s Personal Injury and Malpractice unit has decades of experience in seeking justice for people harmed in crashes in which pedestrians were the victims.

Motor Vehicle Crashes Injure Thousands of Pedestrians Every Year

By 2021 National Highway Traffic Safety Administration (NHTSA) estimates, one pedestrian is killed every 71 minutes and one injured every nine minutes in a traffic crash. ⁽⁶⁾

The NHTSA reported over 67,000 pedestrians were injured in traffic crashes in 2022, and over 7,500 were killed. ⁽⁷⁾ The Centers for Disease Control and Prevention (CDC) says data for 2021-2023 indicates emergency room visits for pedestrian related injuries reached over 137,000. ⁽⁸⁾

Why Did Pedestrian Injuries from Motor Vehicles Rise?

Each year, millions more people report walking or biking for health benefits and as a means of transportation. Although more people are walking, people are also driving more miles — on average nearly 13,500 miles per driver each year. ⁽⁹⁾ This combines for a greater likelihood of motor vehicles and pedestrians literally crossing paths.

Most Common Pedestrian Injuries from Motor Vehicle Crashes

The speed of a vehicle can play a major role in the severity of injuries in a crash with a pedestrian. “At 20 mph, the likelihood of severe injury or fatality is 10%. At 40 mph, the likelihood of severe injury or fatality rises to 80%—meaning a pedestrian struck by a motorist at 40 mph is EIGHT times more likely to die than a pedestrian struck at 20 mph.” ⁽¹⁰⁾ But even at low speeds, the human body is no match for a car, truck, or bus.

The most common injuries to pedestrians from motor vehicle crashes include: ⁽¹¹⁾

• Head trauma, including traumatic brain injury (TBI).
• Neck injuries.
• Leg and hip trauma.
• Bone fractures.
• Ligament and knee injuries.

How to Protect Yourself Against a Motor Vehicle Injury When Walking

The most severe motor vehicle crashes with pedestrians tend to happen in urban areas, away from intersections, or while it is dark. Knowing this can help you take steps to protect yourself.

Safety measures include: ^{(12) (13) (14) (15)}

• Crossing streets at crosswalks or intersections whenever possible.
• Increasing your visibility at night by carrying a flashlight and wearing reflective clothing.
• Walking on a sidewalk, or, if one is not available, walking on the shoulder, facing traffic.
• Avoiding electronic devices or other distractions that divert your attention from the road.
• Staying away from alcohol and drugs when walking because they impair your abilities and judgement.

No matter what precautions you take, you cannot always protect yourself from a negligent driver. Common contributing factors on the part of a driver involved in a crash with a pedestrian include: ⁽¹⁶⁾

• Impaired driving due to alcohol or drugs.
• Distracted driving.
• Speeding or reckless driving.
• Sign or signal violation by the driver.
• Hit and run.

Texting and Cell Phone Use Causing Distracted Driving

Texting and other cell phone use while driving are two examples of distracted driving on the rise. In fact, according to one study, “Increases in crash involvement associated with visual-manual tasks were greater for crashes in free-flow traffic. Rear-end crashes and run-off road crashes were more prevalent in the crash data than other types of crashes; drivers’ visual-manual cell phone interactions were associated with increased instances of both these crash types.” ⁽¹⁷⁾

“In 2022 there were 3,308 people killed and an estimated additional 289,310 people injured in motor vehicle traffic crashes involving distracted drivers.” That same year, “there were 621 nonoccupants (pedestrians, pedalcyclists, and others) killed in distraction-affected traffic crashes.” ⁽¹⁸⁾

The reason: certain activities combine all three types of [driver] distraction: ⁽¹⁹⁾

In essence, according to the NHTSA, “Texting is the most alarming distraction. Sending or reading a text takes your eyes off the road for 5 seconds. At 55 mph, that’s like driving the length of an entire football field with your eyes closed.” ⁽²⁰⁾

With thousands of deaths attributed to distracted driving each year, more and more states are legislating texting and other cell phone usage bans. For those harmed by distracted drivers, these laws may work in your favor.

Weitz & Luxenberg Can Help

Nicholas Wise, senior trial attorney with Weitz & Luxenberg’s Personal Injury and Malpractice unit, is committed to “the strongest, most aggressive representation possible.”

When a 79-year-old Holocaust survivor was struck and killed by a New York Metropolitan Transportation Authority (MTA) bus making a left turn, her family turned to Weitz & Luxenberg for help. Mr. Wise secured a $1.5 million settlement from the MTA for the family.

“At the end of the day, this is about being a champion for those injured by others’ negligence,” Mr. Wise said.

“As attorneys we can’t undo acts of negligence,” Mr. Wise said at the time. “The best we can do is help survivors seek justice for their loved ones. Such a tragedy could have been avoided had the bus driver simply observed proper driving safety precautions.”

In another case, Mr. Wise secured an $800,000 settlement for a woman struck by a passing car as she stepped off a bus. The crash broke the woman’s ribs and pelvis, requiring surgery.

In a very disturbing case, a passenger in one vehicle was left paralyzed from his mid-chest down when the vehicle in which he was traveling was struck by a driver who had run a stop sign and then fled the scene. What makes this case particularly reprehensible is that the driver of that vehicle and his father concocted a story to avoid taking responsibility for the plaintiff’s injuries.

Learning that his son had been involved in an accident, the father reported that the car had been stolen recently. Both father and son not only lied to police, but also lied in their testimony on the stand to avoid being held accountable.

Once again, Weitz & Luxenberg’s Nicholas Wise, along with Adam Raffo, a Weitz & Luxenberg associate attorney in the firm’s Personal Injury and Malpractice unit, made it abundantly clear to jurors that this testimony was an elaborate cover-up.

The result: Mr. Wise and Mr. Raffo secured a phenomenal $20.5 million dollar verdict in favor of their client, who will need to use a wheelchair for the rest of his life. The firm’s attorneys also achieved an award of $3 million for their client’s past and future medical expenses. 

This exceptional win earned Weitz & Luxenberg a coveted #1 verdict spot in the New York Law Journal’s Top Verdicts and Settlements for that year, placing number 1 in the category of Motor Vehicles and number 4 overall.

Motorcycles, Bikes and E-Scooters Also Cause Knock-Downs

It is not only drivers of cars that can cause pedestrian injuries. There are accidents caused by the drivers of other vehicles as well. Accidents involving pedestrians also can be caused by motorcycles, electric scooters, and bicycles. This includes bicycle messengers and bicycle delivery people — bringing food or other products.

If the people riding these vehicles cause an injury by striking a pedestrian, they should be held responsible. If they are working for a company when the accident occurs, this can be a possible lawsuit against the rider’s employer.