On the busy streets of New York City, pedestrians and vehicles are constantly vying for space. Car accidents and pedestrian accidents are an all-too-common occurrence. If a car struck you or someone you love in NYC, you're likely feeling overwhelmed, scared, and unsure of what to do next. You may be lying in a hospital bed, worried about mounting medical bills and lost wages. Or perhaps you're caring for an injured loved one, watching them struggle and feeling helpless.
During this difficult time, you need to know what steps to take to protect yourself and your future. Understanding what to do if you're hit by a car in NYC can make a world of difference in your recovery and ability to secure the compensation you deserve.
Read on to learn about the essential steps to take after an accident, from immediate actions at the scene to long-term considerations for your health and legal rights. For specific advice regarding your claim and to get effective legal representation to help you recover fair compensation, contact an experienced NYC car accident attorney for a free consultation.
Immediate Steps After the Accident
Here are the immediate steps you should take to effectively navigate the process following such an incident in New York.
Ensure Your Safety
Your safety is paramount. If you're able to move, get to a safe location away from traffic. If you're seriously injured, try to remain still to avoid exacerbating your injuries. If possible, call out for help from bystanders.
Call 911 for Medical Assistance and the Police
Even if you think your injuries are minor, it's crucial to call 911. Adrenaline can mask pain, and some serious injuries may not be immediately apparent. Police documentation of the accident is also vital for any future legal claims.
Gather Information from the Driver
If you're able, collect the following information from the driver:
- Name and contact information
- Insurance details
- Vehicle information (make, model, license plate)
Don't discuss fault or apologize, as this could be used against you later.
Collect Witness Information
Witnesses can provide crucial testimony to support your case. Get names and contact information from anyone who saw the accident occur.
Document the Accident
- Take photos of the scene: If you're able, use your phone to photograph the accident scene, including the vehicle that hit you, any visible injuries, and the surrounding area. These visual records can be invaluable evidence.
- Note road conditions and weather: Make mental notes or jot down details about the road conditions, weather, time of day, and any other relevant factors that may have contributed to the accident.
- Keep records of your injuries: Document your injuries thoroughly. Take photos as they progress and keep a journal of your symptoms and how they affect your daily life.
- Obtain a copy of the police report: Request a copy of the police report as soon as it's available. This official document can be crucial in establishing the facts of the accident.
Seek Medical Attention
Even if you feel fine immediately after the accident, you need to seek medical attention as soon as possible. Some injuries, particularly those involving soft tissue or internal organs, may not be immediately apparent. A thorough medical examination can detect hidden injuries and create a medical record linking your injuries to the accident.
After your initial treatment, follow your doctor's orders carefully. Attend all follow-up appointments, complete prescribed therapies, and take medications as directed. This not only ensures the best possible recovery but also creates a clear record of your injuries and treatment, which is essential for your case.
Maintain a detailed file of all medical expenses related to your accident. This should include:
- Hospital bills
- Costs for doctor's visits
- Prescription medications
- Physical therapy sessions
- Medical equipment (like crutches or braces)
- Transportation costs to and from medical appointments
These records will be crucial in calculating the full extent of your damages and ensuring you're adequately compensated.
Legal Considerations About Your Claim
New York operates under a "no-fault" insurance system. This means that your own insurance company is responsible for covering your medical expenses and lost wages up to a certain limit, regardless of who was at fault for the accident. However, this system also limits your ability to sue the at-fault driver unless your injuries meet certain thresholds of severity. These include:
- You've incurred more than $50,000 in medical expenses and lost wages
- You've suffered a "serious injury" as defined by New York law, which includes:
- Fracture
- Significant disfigurement
- Permanent limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- Substantially full disability for 90 days
If your injuries meet these criteria, you may be able to step outside the no-fault system and pursue a personal injury lawsuit against the at-fault driver with the help of an attorney.
New York’s Statute of Limitations for Personal Injury Claims
In New York, there's a limited window of time in which you can file a personal injury lawsuit, known as the statute of limitations. For most car accident and pedestrian accident cases, it's three years from the date of the accident. However, if your claim is against a government entity (such as if you were hit by a city bus), the timeline can be much shorter.
You must be aware of these deadlines, as missing them can result in losing your right to seek compensation through the court system. This is one of the many reasons why consulting with a personal injury attorney early in the process is so important.
Potential for a Personal Injury Lawsuit
If you qualify to seek additional compensation through a personal injury lawsuit, you could recover damages the no-fault system doesn’t cover, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Additional medical expenses beyond the no-fault limit
- Lost wages beyond the no-fault limit
An experienced personal injury attorney can evaluate your case and advise you on the best course of action.
Working with Insurance Companies
After the accident, you'll need to file a personal injury claim with your own insurance company under your Personal Injury Protection (PIP) coverage. This is the "no-fault" portion of your policy that covers your medical expenses and lost wages up to the policy limit, regardless of who caused the accident.
- Dealing with your own insurance: Report the accident to your own insurance company as soon as possible. Be honest and factual but avoid speculating about fault or the extent of your injuries.
- Interacting with the driver's insurance: You may be contacted by the at-fault driver's insurance company. Be cautious in these interactions. It's often best to refer them to your attorney to avoid saying anything that could harm your claim.
- Avoiding common pitfalls in insurance negotiations: Insurance companies are businesses focused on minimizing payouts. Be wary of quick settlement offers, which are often lower than what you may be entitled to. Don't sign any documents or give recorded statements without consulting an attorney first.
Remember, anything you say to an insurance adjuster can potentially be used to reduce or deny your claim. Due to the complexities involved and the potential of sabotaging your claim, you should consult a personal injury attorney before making any significant decisions or statements.
When to Consult a Personal Injury Attorney
Navigating the aftermath of being hit by a car in NYC can be complex and overwhelming. A personal injury attorney can provide invaluable assistance by:
- Evaluating the strength of your case
- Ensuring you meet all legal deadlines
- Gathering and preserving crucial evidence
- Negotiating with insurance companies on your behalf
- Representing you in court if necessary
An attorney can also help you understand the full value of your claim, including future medical needs and long-term impacts on your life that you might not have considered.
How an Attorney Can Help with Your Case
A personal injury attorney can take on many crucial tasks to strengthen your case:
- Conducting a thorough investigation of the accident
- Consulting with medical experts to understand the full extent of your injuries
- Calculating all current and future damages related to the accident
- Handling all communications with insurance companies
- Preparing and filing all necessary legal documents
- Representing you in settlement negotiations or at trial
By taking on these responsibilities, an attorney allows you to focus on what's most important—your recovery.
Contingency Fee Arrangements
Many personal injury attorneys work on a contingency fee basis. This means you don't pay any upfront legal fees. Instead, the attorney's fee is a percentage of the compensation they recover for you. If they don't win your case, you don't owe them attorney's fees.
This arrangement makes legal representation accessible to those who might not otherwise be able to afford it. It also aligns the attorney's interests with yours—they're motivated to secure the best possible outcome for your case.
Potential Compensation Your Attorney Can Help You Get
After your attorney help you successfully navigate a pedestrian accident or car accident claim in NYC, you could receive various forms of compensation, including:
Medical Expenses
- Emergency room treatment
- Hospital stays
- Surgeries
- Doctor's visits
- Prescription medications
- Physical therapy and rehabilitation
- Medical equipment and devices
- Future medical care related to your injuries
Lost Income
- Salary or hourly wages you've lost due to missed work
- Bonuses or commissions you would have earned
- Sick leave or vacation time you've had to use
- Future earning capacity if your injuries affect your ability to work long-term
Pain and Suffering
- Physical pain from your injuries
- Emotional distress, including anxiety, depression, or PTSD
- Loss of enjoyment of life
- Inconvenience and loss of quality of life
Long-Term Care and Rehabilitation Costs
- Long-term nursing care
- In-home health aides
- Modifications to your home or vehicle to accommodate disabilities
- Ongoing physical or occupational therapy
- Mental health counseling
Contact an Experienced NYC Injury Accident Lawyer Today
Being hit by a car in NYC can be a life-altering experience, but you don't have to face the aftermath alone. The legal system allows you to seek justice and compensation for your injuries and losses. However, you need an experienced and skilled attorney to help you navigate this system and increase your chance of obtaining the full and fair compensation you deserve.
The NYC personal injury lawyer at The Perecman Firm, PLLC, understand what you’re going through. We know you’re dealing with physical, emotional, and financial hardships resulting from the accident. Our team is committed to providing compassionate, comprehensive legal representation to improve your chances of getting the best outcome possible.
We deeply understand New York's traffic laws, insurance regulations, and personal injury litigation, and we’ve recovered more than half a billion dollars in total compensation for our clients.
If a vehicle hits you or a family member in NYC, resulting in serious injuries, Contact The Perecman Firm PLLC today for your free consultation. The sooner you involve an attorney, the better they can protect your rights and build a strong case for your compensation. We'll listen to your story, evaluate your case, and provide clear, honest advice on your legal options.
Let us handle the legal burdens while you focus on healing. Your recovery is our priority, and we're here to fight for the compensation you deserve.