Pedestrian Accident Lawyer | New York City Injury Attorneys

At Roth & Khalife, we understand that being involved in a pedestrian accident can be a life-altering experience. Our New York City pedestrian accident lawyers are committed to helping victims navigate the complex legal process while pursuing the compensation they deserve. With years of experience representing pedestrian accident victims throughout NYC’s five boroughs, we provide dedicated legal representation when you need it most. Contact us today for a FREE consultation.

What Constitutes a Pedestrian Accident in New York?

Under New York law, pedestrian accidents encompass various scenarios where a person on foot is injured by a vehicle or other circumstances. Below are the key types of incidents that qualify as pedestrian accidents in our state:

Crosswalk Collisions: Any incident where a vehicle strikes a pedestrian using a marked or unmarked crosswalk, regardless of whether the pedestrian had the right of way
Sidewalk Encounters: Cases where a vehicle mounts the sidewalk or otherwise interferes with pedestrian right-of-way on designated walking paths
Parking Lot Incidents: Situations involving pedestrians struck by vehicles in parking lots, parking garages, or private driveways
Street Crossing Accidents: Events where pedestrians are hit while crossing streets at locations without marked crosswalks, including mid-block crossings
Public Transit Related: Accidents involving pedestrians at bus stops, near subway stations, or while boarding/exiting public transportation
Construction Zone Incidents: Cases where pedestrians are injured due to construction-related hazards, including temporary walkways or debris
School Zone Accidents: Any collision involving pedestrians in designated school zones, particularly during school hours or posted times
Intersection Incidents: Accidents occurring at intersections, including those with or without traffic signals or stop signs
Right-of-Way Violations: Cases where drivers fail to yield to pedestrians who have the legal right-of-way, including turning vehicles at intersections
Weather-Related Accidents: Incidents caused by weather conditions affecting visibility or traction, including slippery surfaces or poor visibility
Vehicle Backup Accidents: Cases where pedestrians are struck by vehicles backing out of driveways, parking spaces, or loading zones
Hit-and-Run Incidents: Any pedestrian accident where the striking vehicle leaves the scene, regardless of the location or circumstances

Understanding what constitutes a pedestrian accident is crucial for determining your legal rights and potential compensation under New York law. If you’ve been involved in any of these types of incidents, consulting with a legal professional can help protect your interests and ensure proper handling of your case.

Financial Compensation You May Be Entitled To After a Pedestrian Accident Injury in NY

After sustaining injuries in a pedestrian accident in New York, you may be eligible for various types of financial compensation through insurance claims and legal proceedings. Below is a comprehensive overview of potential compensation categories:

Medical Expenses: Coverage for emergency room visits, hospital stays, surgeries, medications, rehabilitation services, and ongoing medical treatment related to your injuries
Lost Wages: Compensation for income lost while recovering from your injuries, including salary, commissions, bonuses, and other employment benefits
Future Earning Capacity: Financial recovery for reduced ability to earn income in the future due to permanent injuries or disabilities resulting from the accident
Pain and Suffering: Monetary compensation for physical pain, emotional distress, and trauma experienced due to the accident and recovery process
Property Damage: Reimbursement for personal items damaged during the accident, including phones, laptops, clothing, or other valuable possessions
Out-of-Pocket Expenses: Coverage for transportation to medical appointments, home modifications needed due to injuries, and other accident-related costs
Life Care Costs: Compensation for long-term medical care, assistance with daily activities, and ongoing therapeutic treatments required due to permanent injuries
Loss of Enjoyment: Recovery for diminished ability to participate in hobbies, sports, social activities, and other aspects of daily life that brought joy before the accident
Emotional Distress: Compensation for psychological impacts such as anxiety, depression, post-traumatic stress disorder, and other mental health conditions resulting from the accident
Permanent Disability: Financial recovery for lasting physical or cognitive impairments that affect your quality of life and ability to function independently
Wrongful Death Benefits: Compensation available to family members in cases where a pedestrian accident results in fatality, including funeral expenses and loss of financial support
Punitive Damages: Additional compensation that may be awarded in cases involving particularly reckless or intentional misconduct by the responsible party

Understanding these potential forms of compensation is essential for ensuring you receive fair recovery for your injuries. Working with a legal professional can help identify all applicable categories of compensation and build a comprehensive claim that addresses the full scope of your damages.

How a New York City Pedestrian Accident Lawyer Can Help

Pedestrian Accident Lawyer

When you’ve been injured as a pedestrian, having skilled legal representation can make a crucial difference in your case outcome. A pedestrian accident lawyer serves as your advocate throughout the legal process, handling essential tasks while you focus on recovery.

Conduct Thorough Accident Investigations

When you work with a pedestrian accident lawyer, they immediately begin gathering and preserving critical evidence about your accident. This includes obtaining surveillance footage, interviewing witnesses, consulting with accident reconstruction specialists, and collecting police reports. Your lawyer ensures that all evidence is properly documented and preserved, creating a solid foundation for your claim.

Manage Insurance Company Communications

Insurance companies often attempt to minimize payouts or deny claims entirely. Your pedestrian accident lawyer handles all communications with insurance adjusters, protecting you from potentially damaging statements and ensuring your rights are protected. They understand insurance company tactics and negotiate skillfully on your behalf to pursue fair compensation.

Document Your Injuries and Damages

Proper documentation of injuries and damages is crucial for maximizing your compensation. Your lawyer works with medical providers to obtain detailed records, coordinates with financial experts to calculate lost wages, and helps document how your injuries impact your daily life. This comprehensive approach ensures that all current and future damages are properly valued and included in your claim.

Identify All Liable Parties

Pedestrian accidents often involve multiple responsible parties. Your lawyer investigates thoroughly to identify everyone who may share liability, from negligent drivers to government entities responsible for unsafe road conditions. This thorough approach helps ensure you can pursue compensation from all available sources.

Meet Critical Legal Deadlines

New York has strict deadlines for filing accident claims, and missing these deadlines can result in losing your right to compensation. Your lawyer ensures all necessary paperwork is filed correctly and on time, protecting your legal rights throughout the process. They manage the complex procedural requirements while you focus on recovery.

Build a Strong Legal Strategy

Each pedestrian accident case requires a carefully crafted legal strategy. Your lawyer analyzes the specific circumstances of your case, anticipates potential challenges, and develops effective counter-arguments. They draw upon their knowledge of New York traffic laws and pedestrian rights to strengthen your position.

Calculate Fair Compensation

Determining fair compensation requires careful consideration of many factors. Your lawyer evaluates current and future medical expenses, lost income, pain and suffering, and other damages to establish the true value of your claim. This detailed analysis helps prevent you from accepting an inadequate settlement offer.

Represent You in Court

While many cases settle out of court, your lawyer prepares every case as if it will go to trial. If litigation becomes necessary, they present your case effectively before a judge and jury, using compelling evidence and arguments to advocate for your rights. Their trial experience ensures strong representation throughout the legal process.

Coordinate with Medical Providers

Your lawyer works closely with your healthcare providers to ensure proper documentation of your injuries and treatment. They can often help arrange medical care on a lien basis, meaning you don’t pay until your case resolves. This coordination helps ensure you receive necessary treatment while building strong medical evidence for your case.

Provide Peace of Mind

Perhaps most importantly, having a pedestrian accident lawyer allows you to focus on your recovery while knowing your legal rights are protected. Your lawyer handles the complex legal process, keeps you informed of developments, and provides guidance through important decisions, reducing your stress during this challenging time.

Understanding these key aspects of legal representation can help you make informed decisions about your case. At Roth & Khalife, we’re committed to providing comprehensive support throughout your pedestrian accident claim, ensuring your interests are protected at every stage of the legal process.

Common Injuries Associated with NYC Pedestrian Accidents

Pedestrian accidents in New York City often result in severe injuries due to the vulnerability of pedestrians when struck by vehicles. Understanding these common injuries helps demonstrate the serious nature of pedestrian accidents and the importance of seeking both immediate medical attention and legal representation.

Traumatic Brain Injuries: Impact to the head can cause concussions, brain bleeds, or severe trauma that may result in long-term cognitive impairment and personality changes
Spinal Cord Damage: Direct trauma to the spine can lead to partial or complete paralysis, chronic pain, and permanent mobility limitations
Multiple Fractures: The force of vehicle impact commonly causes breaks in legs, arms, hips, and ribs, often requiring surgical intervention and extended rehabilitation
Internal Organ Damage: Blunt force trauma from accidents frequently leads to injuries to the liver, kidneys, spleen, or other vital organs, requiring immediate emergency care.
Soft Tissue Injuries: Severe sprains, strains, and tears to muscles, tendons, and ligaments can cause chronic pain and require extensive physical therapy
Facial Injuries: Impact with vehicles or pavement often results in facial fractures, dental damage, and severe lacerations that may require reconstructive surgery
Lower Extremity Trauma: Legs, knees, and feet often sustain severe damage in pedestrian accidents, potentially leading to permanent mobility issues
Psychological Trauma: Beyond physical injuries, many victims experience PTSD, anxiety, depression, and other emotional challenges following an accident
Crush Injuries: When victims become trapped between vehicles or objects, they may suffer severe tissue damage, nerve injury, and potential limb loss
Road Rash: Sliding across pavement causes severe skin abrasions that can lead to infection, scarring, and nerve damage
Neck and Shoulder Injuries: The impact often causes whiplash, herniated discs, and rotator cuff damage that may require long-term medical treatment
Catastrophic Injuries: Some accidents result in injuries so severe they permanently alter a person’s ability to perform daily activities or maintain employment

These injuries often require extensive medical treatment, rehabilitation, and ongoing care. If you’ve suffered any of these injuries in a pedestrian accident, seeking immediate medical attention and legal representation can help ensure you receive proper care and fair compensation for your damages.

Who is Liable for Your Pedestrian Accident Injury?

In New York pedestrian accident cases, multiple parties may bear responsibility for your injuries. Understanding potential liable parties is crucial for seeking compensation from all appropriate sources. Here are the key parties who may be held accountable:

Motor Vehicle Drivers: Drivers who violate traffic laws, drive distracted, speed, fail to yield at crosswalks, or operate vehicles while impaired may be held primarily liable for pedestrian injuries
Commercial Vehicle Companies: Businesses whose delivery trucks, commercial vehicles, or employee drivers cause pedestrian accidents may share liability through vicarious responsibility laws
Government Entities: City, state, or municipal agencies may be liable if poorly maintained roads, malfunctioning traffic signals, or inadequate crosswalk markings contributed to the accident
Construction Companies: Contractors or construction firms may bear responsibility when their work sites create hazardous conditions for pedestrians or fail to provide safe alternative walkways
Property Owners: Private property owners may be liable when their property conditions, such as poorly maintained sidewalks or inadequate lighting, contribute to pedestrian accidents
Rideshare Companies: Companies like Uber or Lyft may share liability when their drivers cause pedestrian accidents while transporting passengers or waiting for ride requests
Vehicle Manufacturers: Manufacturers could be liable if vehicle defects, such as faulty brakes or steering systems, contributed to the pedestrian accident
Transit Authorities: Public transportation agencies may be responsible for accidents involving buses, trains, or other transit vehicles that injure pedestrians
Multiple Parties: Many cases involve shared liability among several parties, such as a distracted driver and a malfunctioning traffic signal maintained by the city
Pedestrians: In some cases, pedestrians who violate traffic laws or act negligently may bear partial responsibility, though this typically doesn’t prevent recovery under New York’s comparative negligence laws

Understanding liability in pedestrian accidents requires careful investigation and knowledge of New York traffic and personal injury laws. Working with a legal professional can help identify all potentially liable parties and build strong cases against each responsible entity.

When To Contact a Pedestrian Accident Lawyer

After a pedestrian accident in New York City, timing is crucial for protecting your legal rights and ensuring the best possible outcome for your case. Here are the key situations that indicate you should contact a pedestrian accident lawyer immediately:

Immediate Medical Treatment: Contact a lawyer as soon as you’ve received initial medical care, as early legal intervention helps preserve crucial evidence and protect your rights from the start
Insurance Company Contact: Reach out to a lawyer immediately if an insurance company contacts you requesting statements or offering a settlement, as these early communications can significantly impact your case
Serious Injuries: Seek legal representation without delay when dealing with significant injuries such as broken bones, head trauma, or injuries requiring hospitalization or surgery
Lost Work Time: Contact a lawyer when your injuries cause you to miss work or affect your ability to perform your job duties, as this impacts your potential compensation
Unclear Liability: Seek legal counsel when there’s any question about who was at fault or when multiple parties might share responsibility for the accident
Hit-and-Run Incidents: Connect with a lawyer promptly if the driver fled the scene, as immediate investigation can help identify the responsible party or explore alternative compensation options
Government Involvement: Contact legal representation quickly if your accident involves government vehicles or property, as these cases have specific notice requirements and shorter filing deadlines
Disputed Facts: Reach out when there are disagreements about how the accident occurred or if witnesses provide conflicting accounts of the incident
Complex Circumstances: Seek legal help when your case involves multiple vehicles, commercial entities, or complicated factors like construction zones or malfunctioning traffic signals
Permanent Injuries: Contact a lawyer immediately if you’ve suffered injuries that may result in permanent disability or long-term medical care needs
Death of a Loved One: Consult with a lawyer promptly if you’ve lost a family member in a pedestrian accident, as wrongful death cases have specific legal requirements and time limitations
Insufficient Insurance: Seek legal counsel if the at-fault party has inadequate insurance coverage or if you’re dealing with uninsured motorist situations

The sooner you contact a pedestrian accident lawyer after your accident, the better positioned you’ll be to pursue full compensation for your injuries. Delaying legal representation can result in lost evidence, missed deadlines, and potentially reduced compensation. If you’ve been involved in a pedestrian accident, don’t wait – contact a qualified personal injury lawyer to protect your rights and interests.

What To Do After Being Injured in a Pedestrian Accident

If you’ve been involved in a pedestrian accident in New York City, taking the right actions immediately following the incident can significantly impact your health and potential legal claim. Here are the essential steps you should take:

Call Emergency Services: Contact 911 immediately to report the accident and request medical assistance, even if your injuries seem minor at first
Document the Scene: Take photos or videos of the accident location, vehicle damage, your injuries, and surrounding conditions like traffic signals or road signs while evidence is fresh.
Gather Driver Information: Obtain the driver’s name, contact details, insurance information, and vehicle details, including license plate number and vehicle make/model
Collect Witness Information: Ask any witnesses for their contact information and, if possible, request that they briefly record what they observed on your phone.
Seek Medical Treatment: Accept medical evaluation at the scene and follow up with comprehensive medical care, even if you feel your injuries are minor, as some symptoms may appear later.
Report to Police: Ensure a police report is filed and obtain the report number, as this official documentation will be crucial for your case
Preserve Evidence: Keep all damaged personal items, clothing, and shoes exactly as they were after the accident, as they may serve as important evidence.
Document Your Injuries: Take clear photographs of all visible injuries and continue photographing them as they evolve during your recovery.
Record Your Experience: Write down or record a detailed account of what happened while your memory is fresh, including weather conditions, time of day, and any relevant details.
Avoid Social Media: Refrain from posting about your accident or injuries on social media platforms, as these posts could potentially harm your legal case.
Track Your Expenses: Keep detailed records of all accident-related expenses, including medical bills, transportation costs, and lost wages.
Contact Your Insurance: Notify your insurance company about the accident, but avoid giving recorded statements or accepting settlement offers without legal counsel.

Taking these steps helps protect both your health and legal rights following a pedestrian accident. Remember, the actions you take in the immediate aftermath of an accident can significantly affect your ability to receive fair compensation for your injuries. If you’re unable to complete any of these steps due to your injuries, ask a trusted family member or friend to help, or contact a pedestrian accident lawyer who can assist in gathering this crucial information.

Get Help With Your Pedestrian Accident Case

Don’t wait to protect your legal rights after a pedestrian accident. Contact Roth & Khalife today for a confidential consultation about your case. Our pedestrian accident lawyers will review your situation and explain your options for pursuing fair compensation while you focus on recovery.

NYC Pedestrian Accident Lawyer FAQs

How long do I have to file a pedestrian accident claim in New York?

In New York, you generally have three years from the date of the accident to file a personal injury claim. However, if your claim involves a government entity, you must file a Notice of Claim within 90 days. Missing these deadlines can result in losing your right to pursue compensation.

What if the driver who hit me was uninsured?

If an uninsured driver hits you, you may still have options for compensation through your own uninsured motorist coverage, New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC), or by identifying other potentially liable parties such as property owners or government entities.

Will my case go to trial?

Most pedestrian accident cases settle before trial through negotiations with insurance companies. However, we prepare every case as if it will go to trial to ensure the strongest possible position for securing fair compensation, whether through settlement or litigation.

Can I still recover compensation if I was crossing outside of a crosswalk?

Yes, you may still be entitled to compensation even if you weren’t using a crosswalk. New York follows comparative negligence laws, meaning you can recover damages even if you were partially at fault, though your percentage of responsibility may reduce your compensation.

What if I can’t afford medical treatment right now?

Many medical providers will treat you on a lien basis, meaning they agree to wait for payment until your case is resolved. Additionally, you may have coverage available through your own auto insurance, health insurance, or other sources while your case is pending.

How is the value of my pedestrian accident claim determined?

The value of your claim depends on various factors, including the severity of your injuries, medical expenses, lost wages, impact on your ability to work, pain and suffering, and the circumstances of the accident. Each case is unique and requires a thorough evaluation of all damages.

What if my child was injured in a pedestrian accident?

Claims involving injured children have special legal considerations and often require court approval of settlements. The statute of limitations also differs for minors, typically not beginning until they turn 18. Parents can pursue a claim on behalf of their injured child.

Can I still recover damages if I don’t remember exactly what happened?

Yes, many accident victims experience shock or trauma that affects their memory of the event. We work with accident reconstruction experts, gather surveillance footage, interview witnesses, and collect other evidence to establish what occurred and who was at fault.