If you or a loved one have been involved in a pedestrian accident in New York, you are likely experiencing a lot of emotions right now. The pain from injuries, the confusion of what steps to take next, and the worry about medical bills and insurance can be overwhelming. It’s understandable to feel uncertain, especially if this is the first time you’re dealing with a legal matter of this nature. We know that you have questions and may be unsure of how to proceed. We want you to know that you’re not alone, and we’re here to guide you through every step of the process to ensure that you get the compensation and justice you deserve.
Robert Friedman
Michael Ranzenhofer
Sam Alba
Justin Friedman
John Dracup
Understanding Pedestrian Accidents in New York
Pedestrian accidents happen when a person walking or running on foot is hit by a vehicle, including cars, trucks, or motorcycles. In the hustle and bustle of New York, accidents can happen in the blink of an eye, and the consequences for pedestrians are often severe.
If you’ve been hit by a vehicle as a pedestrian, you may be entitled to compensation for your injuries. However, the process of filing a claim for a pedestrian accident can be complicated and confusing. This is where legal help can make a big difference. By understanding the basics of pedestrian accident claims and the steps involved, you’ll be better prepared to navigate the process and take the necessary actions to protect your rights.
What Should You Do Immediately After a Pedestrian Accident?
The first thing you should do after being involved in a pedestrian accident is to seek medical attention. Even if you do not feel serious pain right away, it is crucial to have a medical professional evaluate your condition. Some injuries, such as whiplash or internal injuries, may not show symptoms immediately, so getting checked by a doctor ensures that you are taken care of in the best way possible.
Once you are safe and receiving medical care, you should report the accident to the police. In New York, it is required by law that you report any traffic accident to the police, and this includes accidents involving pedestrians. The police will create a report detailing the circumstances of the accident, which will be an important piece of evidence when filing your claim. Be sure to get a copy of this report as it will play a key role in your case.
If you are able to do so, try to gather as much information as possible at the scene of the accident. This may include taking photographs of the location, the vehicles involved, any visible injuries, and other important details that could help your case. Additionally, try to get contact information from any witnesses who may have seen what happened.
What Are the Legal Requirements for Filing a Pedestrian Accident Claim in New York?
In New York, pedestrian accident claims are typically based on a legal theory known as negligence. This means that in order to recover compensation, you will need to prove that another party’s actions were negligent and directly led to the accident. For example, if a driver was speeding, distracted, or failed to yield to a pedestrian in a crosswalk, this could constitute negligence.
New York follows a “no-fault” insurance system, which means that in most cases, your own insurance company will cover your medical expenses and lost wages, regardless of who was at fault in the accident. However, if your injuries are serious enough, you may be able to pursue a personal injury lawsuit against the driver or other responsible parties.
It’s important to note that New York’s statute of limitations gives you a limited amount of time to file a lawsuit. Generally, you have three years from the date of the accident to file a claim. Failing to file within this time frame can result in your case being dismissed, so it’s critical to take action as soon as possible.
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How to File a Pedestrian Accident Claim
Filing a pedestrian accident claim involves several important steps that require attention to detail and a solid understanding of New York’s laws. The process begins with documenting the accident and seeking medical treatment, as we discussed earlier. Once these immediate steps are taken, you will need to follow the appropriate legal process.
One of the first things you’ll need to do is contact your insurance company to report the accident. If you have personal injury protection (PIP) insurance, your insurance will cover some of your medical bills and lost wages, even if the accident was not your fault. However, PIP insurance is often limited, so it may not fully cover all of your expenses. That’s why it’s important to explore other options for compensation, especially if your injuries are severe.
If your injuries exceed the limits of your PIP insurance, or if you want to pursue a larger settlement, you may need to file a personal injury lawsuit against the responsible party. This requires filing a complaint in court, outlining the facts of the accident, and providing evidence to support your claims of negligence.
The next step in the process is discovery, during which both sides exchange information and evidence. This includes medical records, witness statements, and any other relevant documents. You may also be required to give a deposition, where you will be asked to provide sworn testimony about the accident and your injuries.
If the case proceeds to trial, a judge or jury will determine whether the defendant is liable for the accident and how much compensation you are entitled to receive. However, many pedestrian accident claims are resolved through settlement negotiations before they reach trial.
How a Lawyer Can Help With Your Pedestrian Accident Claim
While it is possible to file a pedestrian accident claim on your own, having an experienced attorney on your side can significantly improve your chances of success. Navigating the legal system can be complex, and an attorney will be able to guide you through the process and handle the legal details, so you can focus on recovering from your injuries.
A lawyer will help gather evidence, interview witnesses, and negotiate with insurance companies on your behalf. They can also ensure that all necessary paperwork is filed on time, which is crucial to maintaining your rights throughout the process. If your case goes to trial, an attorney will represent you in court and fight for the compensation you deserve.
Why Choose Our Firm
If you’re feeling overwhelmed or unsure about how to proceed with your pedestrian accident claim, we are here to help. At Friedman & Ranzenhofer, PC, we understand the emotional and financial toll that a pedestrian accident can take on your life. Our team is dedicated to supporting you every step of the way, from filing your claim to negotiating a fair settlement or representing you in court.
We have a proven track record of helping people in New York recover compensation for their injuries, and we are committed to working tirelessly to get you the best possible outcome. If you’ve been injured in a pedestrian accident, don’t face it alone—let us help you get the justice you deserve. Reach out to us today for a consultation and let us take the next steps together.