Pedestrian Accident Legal Steps
In 2024, New York State is experiencing an ongoing pedestrian safety crisis. According to the Governor's Traffic Safety Committee, New York State averages around 300 pedestrian fatalities and 15,000 injuries annually. The majority of these incidents are caused by vehicles and negligent drivers.
What Should I Do Right After a Car Hits a Pedestrian in New York?
If you're hit by a car as a pedestrian in New York, here's what to do:
Ensure Your Safety: Move to a safe location, like the sidewalk or away from traffic.
Call for Help: Dial 911 or ask someone nearby to call emergency services.
Seek Medical Attention: Even if you feel fine, some injuries may not be apparent. Get medical attention as soon as possible.
Document the Scene: Take pictures of the accident scene, the car that hit you, any damage to your belongings, and your injuries.
Gather Information: Get the driver's contact details, plate number, and insurance information. Collect witnesses’ contact details.
File a Police Report: Make sure police file a report which is important for any insurance or legal claims.
Consult a Lawyer: If you sustained serious injuries or there are disputes over liability, contact Curan & Ahlersto help protect your rights.
Why Is It Important to See a Doctor After a Pedestrian Accident?
Seeing a doctor after a pedestrian is hit by a car in NYC is essential, even if you initially feel fine, because some injuries and symptoms may not be evident immediately. A medical professional can diagnose injuries before they worsen. Timely treatment prevents complications from injuries that could become more severe if left untreated. Many insurance companies require medical evaluations after an accident, and delaying it may weaken your claim and reduce your compensation.
Hidden Injuries
After a pedestrian accident in New York, hidden injuries are common and can include serious conditions that may not show symptoms until later. Here are some examples:
Concussions and Traumatic Brain Injuries (TBIs): Even if there's no impact to the head, symptoms like headaches, dizziness, memory problems, and confusion might appear later.
Internal Bleeding: This is a life-threatening injury that might not be obvious. Signs like abdominal pain, swelling, or bruising may take time to develop.
Whiplash and Soft Tissue Injuries: Whiplash is common in accidents with sudden impacts and may be delayed. Other soft tissue injuries may also have delayed swelling or limited mobility.
Spinal Injuries: Damage to the spine, like herniated discs, can lead to long-term pain or numbness that might not present itself immediately.
Psychological Injuries: Emotional and psychological trauma, like PTSD or anxiety, can manifest long after physical injuries heal, impacting quality of life.
Addressing these common injuries promptly by seeking medical attention is critical, even if no immediate pain is felt after the accident.
Medical Documentation
Prompt medical evaluation ensures your injuries are properly documented, which is important if you need to file an insurance claim or pursue legal action. Without immediate medical records, proving the extent of your injuries is more difficult.
Should I File a Police Report After Being Hit as a Pedestrian?
Filing a police report after being hit as a pedestrian is highly recommended because it provides an official record of the accident, detailing the time, location, and parties involved. This report establishes legal documentation of the event. The police report contains the officer’s observations, which determine fault. Insurance companies require a police report to process claims, and without it, you may face difficulties in getting compensation. Even if injuries appear minor, having a police report ensures delayed medical concerns are documented and supported if needed for future treatment or claims.
Who Pays for My Medical Bills After a Pedestrian Accident?
After a pedestrian accident, your medical bills may be covered by several sources. In New York, if you have no-fault auto insurance, it covers medical expenses regardless of fault. If the driver was at fault, their liability insurance might pay, although this could require filing a claim or lawsuit. If your costs exceed what's covered, or if there are delays, your health insurance serves as secondary coverage. If the accident occurred during work, workers' compensation might cover your expenses. You can also file a personal injury lawsuit if the driver was negligent, which could provide compensation beyond insurance coverage. An attorney can help you navigate these options.
Can I Sue the Driver After Being Hit by a Car in New York?
You can sue the driver after being hit by a car in New York, but certain conditions must be met. New York is a no-fault insurance state, meaning your insurance (or the driver’s insurance if you don’t own a car) will cover your minor injuries, medical bills and lost wages, regardless of who was at fault. You can file a personal injury lawsuit against the driver if your injuries are considered "serious" under New York law.
The state defines "serious injuries" as:
Significant disfigurement
Bone fractures
Permanent limitation of use of a body organ
Significant limitation of use of a body function or system
Full disability for at least 90 daysIf your injuries meet this threshold, you can sue the driver for additional damages, like pain and suffering or long-term disability, beyond what’s covered by no-fault insurance.
Do I Need a Lawyer After Being Hit by a Car as a Pedestrian?
Hiring a lawyer after being hit by a car as a pedestrian is important for navigating the complex insurance process and ensuring claims are properly handled. A lawyer maximizes your compensation by addressing medical expenses and long-term costs. They prove negligence and liability, especially if the driver disputes fault. If a fair settlement can’t be reached, they litigate in court to secure the best outcome for you.
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 a pedestrian accident to file a personal injury lawsuit. For a wrongful death claim, the deadline is two years from the date of death. If a government entity is involved, you must file a notice of claim within 90 days,and file the lawsuit within one year and 90 days of the accident. Consulting a personal Injury attorney promptly is important.
What Is the Average Settlement for a Pedestrian Hit by a Car?
Pedestrian auto accident settlements vary based on the severity of the injuries, the level of fault, and the circumstances of the accident. Settlements for minor injuries range from $15,000 to $75,000. When injuries are more severe, like broken bones, traumatic brain injuries, or permanent disabilities, settlements may exceed $100,000 and can reach $1 million or more. Permanent or life-altering injuries result in larger settlements. If the pedestrian can’t work due to their injuries, loss of income is considered. Pain and suffering is often part of compensation in serious cases. If there’s clear evidence of negligence or reckless behavior, driver liability can increase the settlement.
Each case is unique, so consulting with a personal injury attorney is important to determine the potential value of your claim. If you’re a pedestrian who was hit by a car in New York and received injuries, contact us at Curan & Ahlers for a free consultation so we can review your case and help you get the maximum compensation for your injuries.
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