Every municipality has a requirement to ensure roads are safe for all. This involves everything from the monitoring to the management of vehicle traffic and even pedestrian activity. If you find yourself involved with a pedestrian accident and you sustain injuries as a result of it, you have a legal right to take necessary steps towards protecting both your health and well-being. Thus, you have the option to file a lawsuit against the at-fault party. Contact the experienced Long Island pedestrian accident lawyers at Cellino Law and seek the compensation you are entitled to right now. You can schedule a free consultation with our Long Island personal injury firm by calling (800) 555-5555.
Table of Contents
Steps to Take After a Pedestrian Accident
When you are looking to take legal action against the at-fault party, you will be required to present sufficient evidence that supports your recollection of events and it can be supported by an accurate testimony. Both the court and the insurance companies will make their determination based on the information that is provided in order to determine which party is to blame as a result of the accident.
You might be in a position where you have to provide records of medical treatment and any other documentation in order to showcase the nature and extent of the injuries you sustained. For this reason, you should look to file a police report and get accurate contact details of the parties involved. Likewise, you should look to document the scene of the accident as much as possible.
Furthermore, you want to ensure that the at-fault parties are contacted immediately in order to increase the chances of having a smooth litigation process. By taking the right steps as quickly as possible after the accident, you should be able to maximize the chances of winning your case. Below, we will be going over some of the most important things you should look to do when you are involved in a Long Island, NY, pedestrian accident.
Contact First Responders
Those that are directly involved in pedestrian accidents are likely to suffer very serious and devastating injuries. This is especially true if they are hit by a vehicle that was moving at fast speeds. Because of the nature and extent of the injuries compared to the damages of the vehicle, it is usually the insurance provider of the driver that is responsible for any of the ensuing medical bills that are suffered by the injured person. Likewise, it is typically the reason medical emergency services need to be summoned as soon as possible to directly assist the wounded pedestrian.
The first emergency responders that first arrive at the scene will help administer first aid procedures and they will safely transport the injured to the hospital for any treatment required. If the injuries that are sustained are minor, they will be able to be handled directly on-site. During this process, the police will be there to collect all of the crucial evidence needed and to take statements from every party involved and to get witness statements so they will be able to put together a complete report that can be used later on to help determine the cause of the accident and who was deemed at-fault.
Get to a Safe Location
If the accident occurred on the road and the victim remains on the road for an extended period of time, the risk of sustaining further injuries or being involved in a secondary accident is very high. This is very common on highly trafficked roadways or highways. Therefore, it is always recommended that anyone that is involved in this type of accident remains close to the scene, but they should look to move to the side of the road in order to maximize the safety of everyone involved. This can lower the risk of getting into a secondary accident or sustaining further injuries from a subsequent collision.
Collect Statements from Witnesses
The police will do their best to collect as much evidence as they can about the accident and anyone who was involved. However, the person who was injured during the accident should look to attempt to get accurate contact details and the information about their insurance from the driver(s) who caused the accident. If the injured party is unable to do so as a result of their sustained injuries, someone else at the scene can intervene and collect the necessary information that can be used at a later time.
At this point, it is also a good idea to get all of the contact information from the eyewitnesses at the scene. The police are likely to do the same, but it is a good idea for the victim to get the details themselves because it can help them build a case at a later time. Any accounts that are given by the witnesses will be critical to winning your case because their witness statements will support your testimony and any additional evidence that you provide. This can help everyone involved figure out the sequence of events that led up to the accident and who was directly at-fault.
Take Detailed Photos
While taking photos might prove to be somewhat challenging for the victim, especially doing so right after being involved in the collision. However, more and more people have high-quality cameras in their pockets with their phones. Therefore, it shouldn’t be too difficult to snap good and detailed photographs of the scene. Taking video of the scene is another good idea. If possible, you want to do it as soon as you can after the accident occurred so you can capture how severe the accident was and have a permanent record of it. Any photos and videos you take can be crucial to your available evidence of proving what happened. The courts and insurance company will use the documentation provided to effectively conclude what amount of compensation you deserve.
Seek Professional Legal Advice
It is typically recommended that any victim of an accident should seek out immediate medical attention soon after sustaining injuries from a pedestrian accident. Shortly after this, they should receive professional legal advice from a reputable and experienced Long Island pedestrian accident lawyer to begin the process of seeking compensation. If the collision is determined to be the result of negligence by the driver, the victim will be entitled to ask for and receive compensation. The attorney’s role in this process is to assist the victim in tackling all of the legal aspects involved with the lawsuit and by effectively assisting with everything from filling out and filing the accident report, filing a claim, giving legal advice about settlements, and representing the best interests of the victim if the case does go to court.
Any driver involved in this type of collision is going to want to get in touch with their insurance provider. They will want to inform the insurance provider of the existence of the incident in order to get advice on what to do based on their level of coverage. The drivers should not fully object to working directly with the victim’s lawyer in order to ensure the entire process is as smooth as possible for all involved parties.
It is a good idea for all parties that are involved with the accident to avoid discussing who is at fault when they are physically at the scene of the accident. It is also not a good idea to make any speculative statements or to apologize while at the scene. Both the pedestrian and the driver should stick to the basics of exchanging insurance information and contact information and leave everything else up to their respective attorneys and insurance providers.
Call a professional and reputable lawyer at Cellino Law. We have experience with New York traffic law and would be able to provide you with quality advice on what you should do after being involved with a pedestrian accident near Long Island.
Determining Liability in Pedestrian Accidents In New York
There can be a variety of things that can cause a pedestrian accident. This is typically where there are no clear-cut lines that point to who is at fault. That being said, determining who is at-fault for a specific incident can make it clear who is to pay for the compensation. This is why in virtually every pedestrian accident case both of the involved parties will look to present a case making the other party responsible for the accident. While the liability might seem obvious, there might be extenuating circumstances that can cloud it.
How can a Long Island Pedestrian Accident Lawyer Help?
Shortly after an accident, insurance companies will always be one of the first ones to jump on any involved parties as they look to acquire the information they need or to pressure the involved parties into an unfavorable settlement. If you seek out the assistance from the professionals at Cellino Law, your burden will be lessened. We have years and years of experience at handling all kinds of pedestrian cases and it will allow you to focus on healing rather than being worried about getting your just compensation.
You will want to consider seeking out our legal services in any matters related to pedestrian accidents in the Long Island area because we are great at what we do. Some of the things that we can take off of your hands after an accident are as follows:
Dealing With Insurance Companies
Any insurance company is a for-profit business. Because of this, they will go above and beyond their call of duty to try to minimize the total amount of money they have to pay out on their claims and settlements. They even seek to deny benefits whenever possible. Because of this, they are likely to reach base with you shortly after you suffer from injuries related to an accident. They will be hoping that you are uninformed and that you agree to a small settlement or say anything that can be used either against you or to discredit your claim to further reduce and/or even deny your compensation.
By working closely with an experienced accident lawyer, you will be able to boost your chances of getting the highest compensation you deserve when you are faced with professional and experienced insurance companies. You can let us at Cellino Law handle all of the communications with insurers on your behalf for the right results.
Settlements and Trial Experience
You can expect insurance providers to have a lot of experience dealing with claim cases going to trial. They are well aware of which law firms look to take cases to trial and which law firms are more likely to convince their clients to accept a settlement of some kind. Here at Cellino Law, we handle every case under the full premise that they will go to trial. Because of this, we prepare for each case to maximize the recovery of compensation. We have a full team of experienced legal professionals that know what it takes to come up with winning strategies for every single unique accident case we are faced with.
We can guarantee that your mind will be put at ease when working with us. Our lawyers will be ready and willing to answer any and all questions that you might have regarding issues like:
- The time in which you need to file the claim
- What procedures you should follow after the accident
- How you should be handling any settlement offers
- What amount of compensation should be acceptable
- How you can face both the attorney and insurance company of the defendant in court
We have professional injury attorneys that will be ready and willing to answer any question you have. Likewise, they will be there to explain any steps that should be taken when filing the lawsuit. They can help you determine what kind of compensation would be considered fair based on the circumstances revolving around the accident including your sustained injuries, the losses you have incurred, and they will boldly represent all of your interests in a court of law. With over 100 years of handling cases in the courtrooms, we are fully confident in our ability to manage your pedestrian accident claim in order to help you seek the maximum level of compensation that you rightfully deserve.
Both pictures and having reliable witness accounts are pertinent information that we will look to gather while completing our own investigations. That being said, some cases might actually require even more information and they might benefit from bringing external top investigators to help gather the necessary evidence. You won’t have to worry about this as your complete focus should be on your health and recovery efforts.
There are times in which a case doesn’t end up in court as a result of effective mediation and arbitration. These things can help to solve the case amicably. Our team of legal professionals will help you figure out the right approach to take with your case which can help to save you time and money by keeping it from having to go to trial.
Reaching the Best Settlement
A settlement offer can be made either during the trial or before it. While there is a downside where the offered amount is typically less than the maximum amount you could get if you win the case in trial, the upside is that you are guaranteed to get the full settlement amount. Whereas, with trials, you have the possibility of getting less.
A lot of this will depend on your priorities when you are thinking about accepting or rejecting a settlement. You will have no worries knowing that we will be helping you make the right decision for yourself based on all of the facts that surround your case and inform you of your chances of winning the case if it went to trial. Likewise, we will also review the details of the settlement and the offered amount in order to ensure that the money is going to cover all of your current and future losses and any damage that you suffered from as a result of the sustained injuries from the accident.
Properly Navigating the Legal System
These claim cases that involve personal injuries are subject to a statute of limitations which typically ranges anywhere from two to three years from the actual date of the accident. However, if you are filing a specific ‘no-fault’ application, it must be submitted within 30-days from the actual date of the accident. By failing to do so within this time frame, you will ultimately forfeit your chances of claiming any lost earnings, medical costs, and any other losses you sustained.
Here at Cellino Law, we are fully aware of how something like this can negatively impact your life. Because of this, we always act quickly in the best interest of our clients and we fill the no-fault application as soon as you come to us. Nonetheless, you should come into contact with any of our experienced lawyers as quickly as possible after your accident in order to begin the process as soon as possible to minimize the chances of things going wrong.
By working with both reputable and experienced pedestrian attorneys, you will be able to increase your chances of winning your claim and getting the maximum compensation for your case. We strive to work diligently with each and every client in order to give them the best chance to regain what they lost from the accident and to return their lives back to some semblance of normalcy.
An Experienced Attorney Can Help Prove Your Injury
Below, you will find a bunch of tips that you can use to avoid pedestrian collisions if you are a drive. These tips are a result of years of handling these types of personal injury cases.
- Be attentive to the roads.
- Don’t use your phone while driving.
- Note any poor weather conditions and account for them.
- Slow down whenever approaching a traffic light, crosswalk, or stop sign.
- Leave enough space between you and the vehicle in front of you.
- Stop at crosswalks.
- Don’t drive if you feel woozy or if you are intoxicated.
- Adhere to any speed limit signs.
- Slow down when you are in areas where children are present like school zones.
- Always look behind you before you back up your vehicle.
Common Pedestrian Accident Injuries
The severity of the injuries that a pedestrian sustains in this type of collision is usually a direct result of the speed at which the car was moving. That being said, there are other factors that can influence it. this includes the existing health of the pedestrian, the position they were in at the time of impact, and other things. Because there are so many variables at play, the injuries that a person can sustain with these accidents are unpredictable.
Some of the injuries that someone might sustain can be minor and others might be life-changing. this is why it is so important to seek immediate professional medical attention even if you aren’t fully aware of any significant injuries. After all, you might have sustained an injury and it might not be apparent until long after the accident. If you have any symptoms that suggest you might have sustained an injury following an accident, you will want to seek out immediate medical attention. Some of these injuries can include:
- Any soft tissue injuries
- Fractured bones
- Brain injury
- Limb amputations
- Emotional stress or trauma
This is why it is so important to seek out professional medical attention after you are involved in this type of accident. You want to document any injuries you have prior to them being treated by taking pictures. Our Long Island pedestrian accident lawyers will help you seek just compensation for any physical or emotional damages you suffered from the accident.
What is the Time Limit to File a Pedestrian Accident Claim in Long Island?
A quickly processed claim has a better chance of getting awarded the maximum compensation. Because of this, you need to not only have sufficient evidence, but you need to file it as soon as possible. This is why the days and weeks following your accident are crucial to winning your claim. While you have 3-years to file a pedestrian accident claim, you only have 30-days for a ‘no-fault’ case.
Contact the Long Island Pedestrian Accident Attorneys at Cellino Law
By working directly with experienced professionals who know the entire process inside and out, you will be able to take any guesswork out of the equation. At Cellino Law, that is exactly what you are getting. A team of aggressive experienced attorneys that will be able to navigate you through the complicated and tedious processes of seeking maximum compensation. Call our Long Island personal injury lawyers today at (800) 555-5555 in order to begin the process of seeking compensation for your pedestrian accident in Long Island, NY.