What to Do If You Are Hit by a Car as a Pedestrian in New York?

Pedestrian Accident Legal Help, Resources, & FAQs

The injury lawyers at Tolmage, Peskin, Harris, Falick answer common questions concerning pedestrian accidents in New York. If you'd like a FREE consultation with one of our attorneys, call 866-502-9091 for prompt legal help.

Why Do I Need Legal Help After a Pedestrian Accident?

There are many reasons why you need an experienced personal injury lawyer after being injured as a pedestrian. Consulting an experienced personal injury lawyer is an important step to holding the at-fault party responsible for the harm caused by his or her negligence. If you have been injured, contact our firm today, 866-502-9091, for a FREE case evaluation, where we will confidently assess the possibilities of your case. We have been helping injured tourists and New Yorkers for over 45 years.

Frequently Asked Questions About NY Pedestrian Accidents

Listed below are answers to some frequently asked pedestrian accident questions.

A car hit me and knocked me down. What should I do?

A quick checklist of things to do after a pedestrian accident:

  • Write down as much information as possible about the accident.
  • If helpful accident witnesses are available, get their contact info.
  • Gather and preserve evidence. This could be anything helpful: photos or video at the scene of the accident, the torn and bloody clothing you were wearing, or a medical journal detailing your physical injuries and pain.
  • Get medical treatment. This is important for your well-being and to document the physical trauma you have suffered.
  • Contact an experienced injury attorney to immediately begin protecting your legal rights.

Is a pedestrian accident treated like a normal auto collision?

A pedestrian accident should not be treated the same as a crash between motor vehicles. Pedestrians are 10 times more likely to die in a collision than a motor vehicle driver or passenger. The injuries are often catastrophic and require more financial resources for the victim to recover or resume life as normally as possible.

Injured pedestrians are covered under New York No-Fault Law and can obtain compensation for medical expenses and lost wages. However, NY No-Fault Law only protects for medical expenses and a portion of lost wages up to $50,000, a small amount when you consider the cost of hospitalization and medical treatment in New York.

This is why a personal injury lawsuit is often necessary to put the financial burden on the shoulders of the at-fault party.

What money damages are recoverable in a pedestrian accident?

The goal of New York's civil justice system is to place the entire financial burden of an injury or death on the negligent party. Things an injured pedestrian is normally compensated for include:

  • Medical bills not covered by insurance
  • Cost of rehabilitation not covered by insurance
  • Resulting disability
  • Lost wages not covered by insurance
  • Pain and suffering

Additional damages may be available depending on the unique circumstances of the case. In some instances, loss of enjoyment life or loss of consortium may apply and entitle the victim to further compensation.

I was injured in a hit and run. What should I do?

Notify the police. The police must arrive at the scene, investigate and create a report. Provide as much information as possible about the vehicle, make, model, color and license plate.

You must file a Notice Of Claim with the New York State Motor Vehicle Accident Indemnification Corporation (MVAIC). MVAIC affords a seriously injured person with an opportunity to collect No-Fault insurance (up to $50,000) and a maximum of $25,000 for bodily injury coverage.

The MVAIC is very difficult to process a claim through. Even when a hit-and-run victim suffers serious injuries, MVAIC will often deny or grossly undervalue the claim. Lots of documentation must be provided, including the police report. Ensure that your attorney is experienced with MVAIC claims.

I was hit by a car, but I don't think I suffered major injuries. Do I need to see the doctor and contact a pedestrian accident lawyer?

Yes. It is common for severe injuries to first manifest hours or days after the accident. Inflammation/swelling can create a lot of pain and cause the victim to seek bed rest. You need to get checked out by a physician.

A pedestrian accident attorney will help you protect your legal rights, such as negotiating with the insurance company or filing a timely lawsuit. Studies have shown that accident victims represented by lawyers recover approximately 40 percent more money than those who try to go it alone.

What are the common causes of pedestrian accidents?

Distracted driving is an increasingly huge cause of pedestrian accidents in New York. Many other accidents occur when a first driver sees the pedestrian and yields, but another driver does not yield and hits the walker. In other situations, the driver turns without checking the crosswalk for pedestrians. Pedestrian accidents also occur in parking lots and driveways where a car is backing up.

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