What Should I Do After a Pedestrian Accident in New York?

What Should I Do After a Pedestrian Accident in New York?
Calendar icon December 18, 2023
What Should I Do After a Pedestrian Accident in New York?

Summary:

  • Reduce your risk of further injury and complications by moving to a safe, visible spot.
  • Successful pedestrian accident claims depend on a record of prompt medical care, so injured pedestrians need to see a provider as soon as possible.
  • Preserve key evidence of your pedestrian accident by writing down key details, taking pictures and videos, and obtaining witness contact information.
  • Enlist an experienced New York pedestrian accident attorney to protect your claim and help guide you in seeking compensation for your damages.
  • Exhaust your no-fault insurance benefits for medical bills and lost wages before pursuing alternative methods of compensation like personal injury claims.

Pedestrian accidents in New York are all too common despite state and local efforts to reduce high rates of injury and fatality. The aftermath of a pedestrian accident is often a blur of inquiries from insurance companies, piles of medical bills, painful rehabilitation, and exhaustion. With the help of a pedestrian accident lawyer, you may be able to recover compensation for these costs.

At Cellino Law, our team is distinguished by our six decades of experience in personal injury law and unrivaled negotiating skills. If you have been injured in a New York pedestrian accident, schedule a free consultation with us by calling (888) 888-8888 or completing our online contact form.

Move to a Safe Location and Accept Medical Attention For Your Injuries

After a pedestrian accident in New York, do your best to move out of the path of traffic, including bicyclists. If you are on the ground, drivers are less likely to see you, which could put you at risk of sustaining additional injuries. For serious injuries, call 911 or enlist a bystander to do so. Even if you can walk away with minor injuries, you still need to make it a priority to see a doctor.

Should you decide to file a pedestrian accident claim with your insurance company or bring a personal injury claim against the insurance carrier of the negligent motorist who caused your injuries, you should expect that any insurance company will request access to your medical records to verify the legitimacy of your claim.

New York courts recognize a gap in medical treatment as an issue of causation, which means that postponing medical care after a pedestrian accident weakens your claim that your injuries are a direct result of the defendant’s negligent actions. In sum, delaying medical care can cost you credibility and significant compensation.

Thoroughly Document Your Pedestrian Accident in New York

Before leaving the scene of your pedestrian accident, take the time to collect evidence if you can. This is not always possible, but it’s important to try because evidence can disappear quickly from pedestrian accident scenes. For example, crews may repaint road striping may be repainted, fix traffic signals, and complete construction. There is also a risk of video footage being deleted. 

To document your pedestrian accident: 

  • Make notes about the weather, the condition of the roads, what you were wearing, and any other factors that may be relevant to the pedestrian accident.
  • Take pictures or video of the accident scene, including signs or crosswalks, tire skid marks, and your injuries.
  • Obtain contact information from any eyewitnesses and request copies of any pictures or videos they may have taken.

You may also consider filing a police report, especially if the driver who hit you appears to be under the influence of drugs or alcohol. Law enforcement officers have investigative training and tools to preserve evidence. Filing a police report helps establish an unbiased third-party record of events that your pedestrian accident attorney can use to support your personal injury claim. 

Speak With a Qualified New York Pedestrian Accident Attorney

Whether pursuing a claim for Personal Injury Protection benefits under your own insurance policy or a personal injury lawsuit, you can benefit from discussing your case with a New York pedestrian accident lawyer. Not only can they advise you on the most viable path to recovering compensation, but they can also help you avoid mistakes that may jeopardize your claim.

Pedestrian accident injuries can often be catastrophic and costly to treat, which means you can’t afford to leave any compensation on the table. Personal injury lawyers are professional negotiators who deal with insurance companies for a living, so they will be able to help you create a solid, persuasive case for maximum compensation for your damages.

Take Advantage of Your No-Fault Insurance Benefits After a Pedestrian Accident in New York

Pedestrians with no-fault car insurance can claim these benefits if they sustain injuries in a collision involving a motorist. A pedestrian is not required to prove that the other party behaved negligently to receive these benefits. In most cases, even if a pedestrian was responsible for causing the collision, they remain eligible to collect no-fault insurance benefits.

New York no-fault insurance covers the cost of medical bills and lost wages for the injured party up to a certain amount. This may prove insufficient to offset the costs of serious injuries. In that event, an injured pedestrian may be able to seek compensation for their remaining financial losses and non-economic damages in a personal injury claim against the negligent driver’s insurance carrier.

Injured New Yorkers Trust Cellino Law to Deliver Results

As one of New York’s leading personal injury law firms, we take great pride in serving injured clients. To us, the client’s experience with the personal injury claims process and the outcome of the case are both important. Our team of pedestrian accident lawyers has proven our ability to help injured New Yorkers recover fair settlements time and again.

Contact Cellino Law For Expert Legal Help Filing a New York Pedestrian Accident Lawsuit

In an ideal world, New York pedestrians could avoid injury simply by following safety tips. Unfortunately, reckless operators like drowsy drivers, distracted bicyclists, speeding motorcyclists, and even careless bus drivers continue to threaten pedestrian safety. Our team at Cellino Law will work diligently to maximize your compensation for your New York pedestrian accident claim.

We encourage you to schedule a free consultation with one of our skilled personal injury lawyers if you have been injured in a pedestrian accident in New York. Call us at (888) 888-8888 or fill out our online contact form today. Our team can provide the expert legal advice you need to make an informed decision about seeking compensation after a pedestrian accident in New York.

Frequently Asked Questions

What is New York doing to reduce pedestrian fatalities?

In 2014, New York City adopted the Vision Zero program to lower injury and fatality rates for all road users. In the years since, the city has adapted infrastructure to favor pedestrians and cyclists, instituted harsher penalties for reckless driving behaviors like speeding, and launched public service campaigns to encourage pedestrians to remain alert while crossing the street.

Based on the latest pedestrian accident statistics, it is safe to say that New York remains a dangerous place for pedestrians, though recent reforms have had mixed progress.

Can I file a wrongful death lawsuit if my loved one died in a New York pedestrian accident?

Wrongful death lawsuits are typically filed on behalf of the deceased’s estate or close family members like spouses and children. You can recover compensation for damages like funeral and burial expenses, final medical expenses, and loss of future wages. Under New York’s statute of limitations, you have two years from the date of your loved one’s death to file a claim.

What are the most common characteristics of pedestrian accidents?

Based on an examination of factors present in pedestrian accidents, it is clear that New York pedestrians are at a greater risk of injury or fatality when they are:

  • Under the influence of alcohol
  • Crossing the street in an urban area at a non-intersection location
  • Walking on a Friday or Saturday night
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Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.

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