One moment, you’re crossing the street, minding your own business. The next, chaos. A car hits you, and your world is turned upside down. The physical pain, emotional trauma, and financial stress can feel like a tidal wave that’s impossible to manage. If you’ve been struck by a vehicle as a pedestrian, it’s important to know that you have rights and that a pedestrian accident lawyer can guide you through the legal options available to help you through your recovery.
First Things First: Prioritize Your Health and Safety
Even if some time has passed since your accident, your health should still be your top priority. It's not uncommon for injuries to go unnoticed in the immediate aftermath due to adrenaline or shock. Some injuries, like soft tissue damage, internal bleeding, or concussions, may not show symptoms right away but can become serious if left untreated. Seeking medical attention now is the best way to identify hidden injuries and create a record that can support any future claims.
Here’s what you can do in the days and weeks following the accident to safeguard your health and protect your rights:
- Visit a doctor or urgent care facility: Even if you feel fine, a medical professional can identify injuries you may have missed. Be honest about the accident and any unusual sensations you’ve experienced since.
- Follow up on any symptoms: If new symptoms arise—such as headaches, stiffness, or dizziness—schedule a follow-up appointment immediately.
- Document your recovery process: Keep a journal to track how you feel each day, noting any limitations or pain you experience.
- Request a detailed medical report: This report can provide critical evidence if you later decide to pursue compensation.
- Reach out to specialists if needed: A physical therapist, chiropractor, or other medical expert might be necessary for ongoing treatment.
- Keep track of medical costs: Save bills, receipts, and insurance statements for every expense related to the accident, no matter how small.
Taking these steps now can support both your physical recovery and legal case. Remember, it’s never too late to prioritize your well-being. Your health matters, and addressing injuries promptly gives you the best chance at a full and confident recovery.
Understanding Liability in Pedestrian Accidents
Pedestrian accidents in NYC happen daily, whether it’s on pedestrian-heavy streets near Central Park or along Northern Boulevard in Queens. But who’s legally responsible when a car hits you? It depends on several key factors.
Driver Negligence
When a driver fails to follow traffic laws or acts carelessly, they can be held liable for a pedestrian accident. Negligent behavior might include speeding, texting while driving, ignoring traffic signals, or failing to yield to someone in a crosswalk. For example, many accidents occur when drivers don’t pay attention at busy intersections, like those near Times Square or Queens Boulevard.
Pedestrians usually have the right of way, particularly in marked crosswalks, and drivers are obligated to respect that. If a driver’s recklessness directly caused your injuries, they could be legally responsible for compensating you. Evidence such as eyewitness accounts, traffic camera footage, or police reports can help prove negligence in these cases.
It’s important to understand that driver negligence isn’t just about breaking the law—it’s about failing to act responsibly in a situation where someone else’s safety is at stake. That means negligent drivers must be held accountable.
Third-Party Liability
Sometimes, the responsibility for a pedestrian accident extends beyond the driver. Situations involving third-party liability are more complex but worth exploring. For instance, if a traffic signal malfunctioned and contributed to a crash, a government entity like the New York City Department of Transportation could share the blame. Similarly, poor road design or unsafe construction zones—common issues on Long Island’s Sunrise Highway or Manhattan’s West Side Highway—might implicate construction firms or contractors.
Vehicle defects can also play a role. If a car’s brakes or steering system failed and caused an accident, the automobile manufacturer might be partially liable for your injuries.
Identifying third-party liability typically requires a thorough investigation, which involves collecting evidence, consulting experts, and pinpointing what went wrong. By holding all responsible parties accountable, you could secure the full compensation you need to recover from the accident and its aftermath.
Shared Fault
Not every accident is black and white. Pedestrians, too, have a responsibility to act safely and follow traffic rules. For example, stepping off the curb while distracted by your phone, rushing against the light, or jaywalking may contribute to an accident. When both you and the driver share fault, New York’s comparative negligence rule comes into play.
Under this system, you’re still able to recover compensation even if you were partially at fault; however, the amount you receive will be reduced by your percentage of responsibility. For instance, if you’re found 20% at fault, your overall compensation will be decreased by that same percentage.
While shared fault may seem intimidating, it doesn’t bar you from seeking justice. Every situation is unique, and determining levels of responsibility requires examining the circumstances thoroughly. The key is ensuring your rights are still protected, regardless of the complexities of your case.
Filing an Insurance Claim
New York's insurance system has specific rules that can affect your case, so it’s essential to understand your options and how to approach the process. Below, we’ll break down key aspects of filing an insurance claim, helping you take steps toward the compensation you deserve while focusing on your recovery.
No-Fault Insurance in New York
New York’s no-fault insurance system means that after being hit by a car, you can typically turn to the driver’s insurance to cover your immediate medical expenses, regardless of who caused the accident. This coverage usually includes hospital bills, physical therapy, and a portion of lost wages, up to a certain limit. It’s designed to help victims get the care they need quickly without waiting for legal determinations of liability.
However, the no-fault system has its limits. Serious injuries, such as broken bones or long-term disabilities, may exceed the coverage provided. If your damages surpass these limits or include non-economic losses like pain and suffering, additional legal action may be necessary to recover full compensation.
Filing a Liability Claim for Serious Injuries
If your injuries are severe, a no-fault claim may not be enough to cover all your expenses. Serious injuries—like traumatic brain injuries, spinal damage, or multiple fractures—often lead to extensive medical needs, loss of income, and long-term physical or emotional suffering. When this happens, you may have the right to file a liability claim against the at-fault driver to pursue additional compensation.
Filing this type of claim involves proving the driver’s negligence caused your injuries. Key evidence might include accident reports, eyewitness statements, photos of the scene, and medical records that document the extent of your injuries. Compensation isn't limited to medical bills; it can also cover lost earning capacity, emotional distress, and pain and suffering.
This process can be complex, particularly with New York's comparative negligence rules, but it provides a crucial path to recover damages that truly reflect the impact of your accident.
Pursuing a Legal Lawsuit
If the insurance system doesn’t provide the compensation you need, you have the right to file a personal injury lawsuit against the responsible parties. This option can address both economic losses (like medical bills) and non-economic damages (like emotional trauma).
Here’s how a pedestrian accident lawsuit generally works:
- Prove Negligence: To win your case, your lawyer must demonstrate that the driver or another responsible party acted negligently and that this negligence directly caused your injuries.
- File Within the Statute of Limitations: New York’s statute of limitations for most personal injury cases is three years from the date of the accident. Missing this deadline typically means losing your right to sue.
- Calculate Comprehensive Damages: A lawsuit allows you to claim both the visible costs of your injuries and the often invisible toll they have taken on your life. Beyond medical expenses, remember to calculate lost future earnings, rehabilitation costs, and compensation for your pain and emotional suffering.
- Enlist Legal Support: Pedestrian law is complex—especially in metropolitan areas like New York City, where traffic laws are strict and insurance companies operate aggressively. Working with an experienced attorney often gives you a better chance of securing fair compensation.
Pursuing a lawsuit can feel like a daunting step, but it’s often a necessary path to securing the justice and compensation you deserve.
Common Damages You May Be Entitled To
When you pursue compensation after an accident, what are you actually asking for? Here are a few common categories of damages to consider:
- Medical Expenses: This includes everything from your ambulance ride to ongoing physical therapy sessions. A serious accident can have mounting medical costs for years.
- Lost Income: If you can’t work while recovering, or if your injuries permanently impact your earning capacity, you may be compensated for these losses.
- Pain and Suffering: This category accounts for the emotional and physical toll the accident has had on your well-being. From chronic pain to anxiety and PTSD, these are real consequences deserving of compensation.
- Property Damage: Though less common for pedestrians, if your belongings—like your laptop or phone—were damaged in the accident, those losses can also be added to your claim.
By knowing your rights and exploring all avenues for compensation, you can ensure that your recovery—both financial and emotional—is fully supported as you move forward.
Special Considerations for Accidents in NYC
Being struck by a vehicle in New York City comes with unique challenges that may not exist elsewhere.
- Heavy Traffic: With high volumes of cars, taxis, and delivery trucks zipping down streets like Madison Avenue or Flatbush Avenue in Brooklyn, pedestrians are especially vulnerable.
- Hit-and-Runs: Unfortunately, not every accident involves a responsible driver sticking around. If you’re a victim of a hit-and-run, you may need to rely on your own uninsured motorist (UM) coverage or dig into the Motor Vehicle Accident Indemnification Corporation (MVAIC) options available in New York state.
- City-Owned Vehicles: If your injury involves a city-owned vehicle—like an MTA bus or NYPD vehicle—you’ll need to follow different protocols, including filing a notice of claim within 90 days.
Understanding these intricacies can help you build a stronger case for compensation.
Why You Deserve Justice
If you’ve been hit by a car, it’s more than just a physical injury. It can upend your entire life—affecting your work, relationships, and mental health. Filing an insurance claim or pursuing a legal case isn’t about being greedy or blaming others for no reason. It’s about holding those responsible accountable for their actions and securing the compensation that allows you to heal and move forward. You didn’t choose to be in this position. But you can choose to take charge of what happens next.
How an Experienced Lawyer Can Help
Pedestrian accidents can feel overwhelming, especially when you’re battling physical pain and emotional trauma. A skilled personal injury attorney not only understands the intricate laws of personal injury but can take on the burdens of dealing with complicated insurance systems, gathering evidence, and negotiating settlements.
They’ll ensure every detail of your case is covered—from calculating the long-term impact of your injuries to holding negligent parties accountable—while you focus on healing.
If you’re ready to take your first step toward recovery and legal justice, The Perecman Firm can help. With decades of experience serving accident victims in New York City, Queens, and Long Island, we are relentless in fighting for your rights. We treat every client like family and never stop until you get the maximum compensation you deserve.
Contact us today at (212) 977-7033 or through our online form for a free, no-obligation consultation. You don’t have to face this alone—we’re here to make things right.