Hicksville Tragedy: Seeking Justice for Pedestrian Fatalities in New York

The bustling streets of New York, particularly in areas like Hicksville, are often shared spaces between vehicles and pedestrians. While the state has laws in place to protect those on foot, tragic accidents still occur, leaving families devastated and seeking justice. In 2023, Nassau County saw 485 pedestrian-related accidents, a 16% increase from the previous year, with 17 resulting in fatalities. This article explores the legal avenues available to victims and their families following pedestrian fatalities in New York, with a focus on incidents in Hicksville.

Recent Hicksville Pedestrian Fatality

On November 22, 2025, a tragic incident occurred in Hicksville where 45-year-old Orlando Yanes was struck and killed by a vehicle while crossing Jerusalem Avenue near Gem Court. The driver, a 32-year-old woman, remained at the scene, and the police homicide squad is currently investigating the accident. This event underscores the dangers pedestrians face and the importance of understanding legal rights in such situations.

Understanding Liability in New York Pedestrian Accidents

Determining liability is crucial in pedestrian accident cases. In New York, drivers have a legal duty of care to pedestrians, meaning they must exercise caution to avoid causing harm. This includes obeying traffic laws, yielding the right-of-way in crosswalks, and avoiding distractions while driving. When a driver breaches this duty and causes an accident, they can be held liable for the resulting injuries or fatalities.

However, pedestrians also have a responsibility to exercise care for their own safety. This includes obeying traffic signals, using crosswalks when available, and avoiding distractions while walking. If a pedestrian is negligent and contributes to an accident, their compensation may be reduced under New York’s comparative negligence law.

New York operates under a “pure comparative negligence” system. This means that even if a pedestrian is partially at fault for an accident, they can still recover damages, but their award will be reduced by their percentage of fault. For example, if a pedestrian is found to be 20% responsible for an accident, they can recover 80% of their damages from the other at-fault party.

Common Causes of Pedestrian Accidents

Several factors can contribute to pedestrian accidents, including:

Distracted Driving: Texting, talking on the phone, or engaging in other distracting activities can impair a driver’s ability to react to pedestrians.
Speeding: Driving above the speed limit reduces a driver’s reaction time and increases the severity of injuries in an accident.
Failure to Yield: Drivers must yield the right-of-way to pedestrians in crosswalks and intersections.
Drunk Driving: Driving under the influence of alcohol or drugs significantly impairs judgment and coordination, increasing the risk of accidents.
Reckless Driving: Aggressive driving behaviors, such as tailgating and running red lights, can endanger pedestrians.
Poor Visibility: Accidents are more likely to occur at night or in adverse weather conditions when visibility is reduced.

Pedestrian Rights and Responsibilities

New York law grants pedestrians certain rights to ensure their safety:

Right-of-Way in Crosswalks: Pedestrians have the right-of-way in marked and unmarked crosswalks. Drivers must yield to pedestrians crossing the street in these areas.
Obey Traffic Signals: Pedestrians must obey “Walk” and “Don’t Walk” signals at intersections.
Use Sidewalks: Where sidewalks are available, pedestrians should use them. If there is no sidewalk, pedestrians should walk on the left side of the road, facing traffic.

Pedestrians also have responsibilities:

Use Crosswalks: Pedestrians should use crosswalks whenever possible.
Avoid Jaywalking: Crossing the street outside of a crosswalk is illegal and dangerous.
Pay Attention: Pedestrians should avoid distractions like texting or listening to music while crossing the street.

Legal Recourse for Pedestrian Accident Victims

If you or a loved one has been injured or killed in a pedestrian accident in Hicksville or anywhere in New York, you have legal options. A personal injury attorney can help you understand your rights and pursue compensation for your losses.

Potential damages in a pedestrian accident case may include:

Medical Expenses: Compensation for past and future medical bills, including hospital stays, doctor visits, physical therapy, and medication.
Lost Wages: Reimbursement for lost income due to the inability to work.
Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish.
Funeral Expenses: In the event of a fatality, compensation for funeral and burial costs.
Loss of Consortium: Compensation for the loss of companionship and support for surviving family members.

No-Fault Insurance

Under New York’s No-Fault Insurance Law, the driver’s insurance may be responsible for up to $50,000 in basic economic losses, even if the driver was not at fault. This includes medical bills and lost income. However, more serious injuries may allow the victim to step outside the no-fault system and pursue a personal injury lawsuit.

Statute of Limitations

It’s crucial to be aware of the statute of limitations for filing a personal injury lawsuit in New York. Generally, you have three years from the date of the accident to file a claim. Failing to file within this timeframe may bar you from recovering compensation.

Seeking Legal Assistance

Navigating the legal complexities of a pedestrian accident case can be challenging. An experienced personal injury attorney can help you:

Investigate the accident and gather evidence.
Determine liability and identify all responsible parties.
Negotiate with insurance companies.
File a lawsuit and represent you in court, if necessary.
Maximize your compensation.

If you or a loved one has been involved in a pedestrian accident in Hicksville, don’t hesitate to seek legal assistance. Contact a qualified personal injury attorney to discuss your case and protect your rights.