A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)•A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)

Pedestrian Accidents Lawyer in Crown Heights

Crown Heights Pedestrian Claims

Comprehensive Guide to Pedestrian Accident Claims

Pedestrian accidents in Crown Heights can lead to life-altering injuries and mounting bills while you focus on recovery. If you were struck as a pedestrian, it is important to protect your rights and preserve evidence from the scene. Our firm, Ahearne Law Firm PLLC, led by Allan J. Ahearne, Jr., assists injured pedestrians with investigations, gathering medical documentation, and identifying responsible parties. We can explain how local traffic patterns and witness statements play into a claim and help you understand immediate actions that improve your position for a potential recovery. Call (845) 986-2777 to discuss your situation and next steps.

After a pedestrian accident, timely action matters because evidence, witness recollections, and surveillance footage can be lost quickly. We can help you secure police reports, request video from nearby businesses, and document your injuries and treatment timeline to support a claim. Your medical care should come first, and documenting every visit and expense helps show the full impact of the collision. We will outline possible legal theories such as driver negligence or hazardous roadway conditions and help you understand how insurance claims and potential litigation could proceed in Crown Heights and across New York.

Importance and Benefits of Legal Assistance for Pedestrian Accidents

Seeking legal assistance after a pedestrian accident helps ensure you have someone focused on preserving evidence, communicating with insurers, and identifying all possible sources of recovery. A well-prepared claim can document medical treatment, lost income, and long-term needs, and can present a clear narrative linking the collision to the injuries suffered. Legal guidance also helps prevent premature settlement offers from leaving you without enough compensation for future care. With help, you can pursue fair compensation while concentrating on recovery, and you gain an organized approach to dealing with multiple insurers and responsible parties that may be involved in a pedestrian collision.

Overview of Ahearne Law Firm and Allan J. Ahearne, Jr.

Ahearne Law Firm PLLC represents people injured in pedestrian accidents throughout New York, including Crown Heights. Allan J. Ahearne, Jr. leads the firm’s personal injury practice, handling investigations, negotiations, and litigation on behalf of injured clients. The firm focuses on building a factual record that supports claims for medical costs, lost wages, and other damages. We prioritize clear communication and regular updates, so clients understand timelines, potential outcomes, and choices at each stage. Our approach centers on protecting client rights and pursuing fair results while respecting the regional rules and procedures specific to New York courts and insurers.

Understanding Pedestrian Accident Claims

A pedestrian accident claim typically requires showing that a driver or another party acted unreasonably and that this conduct caused the injuries you suffered. Evidence may include police reports, witness statements, traffic camera footage, medical records, and photographs of the scene and injuries. In New York, comparative fault rules can affect recovery if the pedestrian is found partially responsible, so documenting how the accident occurred and the actions of others is important. Claims can involve liability from motorists, property owners, or municipalities when roadway hazards contribute to a collision, and each source may require a different approach to pursue compensation.

The legal process often begins with a demand to the liable party’s insurance carrier and may include negotiations to resolve the claim. If a settlement cannot be reached, filing a lawsuit might be necessary to secure full compensation. Medical treatment records and expert opinions can support claims for future care and lost earning capacity. Timelines matter in New York because statute of limitations deadlines and notice requirements can affect claims against government entities. Early preservation of evidence and clear communication about ongoing medical needs strengthen the ability to seek appropriate damages.

Need More Information?

Key Terms and Quick Glossary

Negligence

Negligence is a legal concept describing conduct that falls below the standard expected of a reasonable person under similar circumstances, resulting in harm to another. In pedestrian accident cases, negligence often refers to a driver’s failure to obey traffic laws, to yield to a pedestrian, to maintain a proper lookout, or to drive at a safe speed given conditions. Proving negligence typically requires showing duty, breach, causation, and damages. Duty means an obligation to act with reasonable care; breach is a failure to meet that duty; causation links the breach to the injury; and damages are the losses suffered as a result.

Comparative Fault

Comparative fault refers to the allocation of responsibility among parties when more than one person contributed to an accident. New York follows a rule that allows recovery even if the injured person bears some percentage of fault, but the amount awarded is reduced by that percentage. For example, if a pedestrian is found partially responsible for an accident, any damage award is adjusted to reflect their share of blame. Understanding how comparative fault applies is important when evaluating settlement offers or deciding whether to pursue litigation, because it affects the final compensation available to an injured pedestrian.

Damages

Damages are the monetary compensation sought to address losses resulting from an accident, including medical expenses, rehabilitation costs, lost wages, loss of earning capacity, pain and suffering, and in some cases, downstream care needs. Documentation such as bills, pay stubs, medical records, and testimony about daily limitations are commonly used to quantify damages. In pedestrian cases, economic losses are combined with non-economic impacts like diminished quality of life to present a full picture of need. Accurate record-keeping and medical support help establish the scope and value of damages to be claimed.

Statute of Limitations

The statute of limitations is the legal deadline to file a lawsuit after an injury, and missing this deadline can bar recovery in court. In New York, personal injury suits generally must be filed within a specific period from the date of the accident, and different rules can apply when a government entity is involved. It is therefore important to be aware of applicable deadlines and to act promptly when pursuing claims. Timely investigation and preparation help preserve evidence and satisfy notice requirements, which can be critical when an injured person seeks compensation for a pedestrian collision.

PRO TIPS

Document the Scene and Injuries

When safe to do so, take photographs of the collision scene, vehicle positions, visible injuries, road markings, and any traffic control devices to capture evidence that may not persist. Obtain contact information from witnesses and, if available, request copies of any nearby surveillance footage or dashcam recordings that might show how the accident unfolded. Keep a detailed journal of symptoms, treatments, and how injuries affect daily activities so that medical progress and losses are recorded consistently for later use in claims and discussions with insurers.

Seek Prompt and Consistent Medical Care

Obtain medical attention as soon as possible after an accident to address injuries and create a medical record linking treatment to the collision; delayed treatment can complicate proving causation. Follow medical advice and attend all follow-up appointments to document healing, ongoing symptoms, and recommended therapies or procedures to support a full claim for damages. Keep copies of all medical bills, prescriptions, and therapy records, and note how injuries affect your ability to work and perform everyday tasks to give a clear account of economic and non-economic losses.

Preserve Evidence and Communications

Do not discard clothing, damaged footwear, or other items from the accident scene, as these can be important evidence when proving impact and injury patterns. Retain all communications with insurance companies, including letters, emails, and call notes, and avoid signing releases or accepting early settlement offers without reviewing their long-term implications. Maintain a chronological file of documents, medical records, receipts, and correspondence so that you can present a coherent, organized case if a claim or lawsuit becomes necessary.

Comparing Legal Approaches for Pedestrian Claims

When a Comprehensive Approach Is Appropriate:

Serious or Complex Injuries

A comprehensive approach is advisable when injuries are severe, long-term, or require ongoing rehabilitation and specialized medical care that lead to significant future expenses and loss of earning potential. In such situations, a coordinated investigation can secure medical experts, vocational assessments, and financial analyses to estimate future needs and present a complete damages picture. Comprehensive preparation increases the likelihood of a fair settlement or court award that accounts for both immediate costs and long-term impacts on health, employment, and quality of life.

Multiple Liable Parties or Conflicting Evidence

When more than one party may share responsibility, such as a driver combined with a hazardous roadway condition or negligent property owner, a comprehensive approach helps identify all potential defendants and craft appropriate claims. Complex evidence scenarios, disputes over fault, or conflicting witness accounts often require thorough reconstruction, witness interviews, and additional documentation to establish liability. A detailed, methodical strategy improves the chances of resolving difficult factual issues and pursuing compensation from all parties with legal responsibility.

When a Focused, Limited Approach May Work:

Clear Liability and Minor Injuries

A more limited approach may be sufficient when liability is clear, such as where police reports and witnesses confirm the driver’s fault, and injuries are minor with predictable medical costs that can be settled directly with insurers. In those cases, focused negotiation with the insurer and timely submission of bills and documentation can produce a reasonable settlement without protracted investigation or litigation. It remains important to document all treatment and impacts thoroughly so that any settlement fully reflects the actual expenses and recovery timeline.

Prompt Insurance Resolution Available

When an insurer acknowledges responsibility early and offers a fair settlement that compensates current medical bills and lost wages, pursuing a streamlined resolution can save time and stress. This approach depends on careful evaluation of offers to ensure future needs are not overlooked, and on confirming that no additional medical complications are likely. Even in quicker resolutions, preserving key records and confirming the scope of the release or settlement protects your interests and ensures the agreement addresses known losses appropriately.

Common Circumstances Leading to Pedestrian Claims

Crosswalk Collisions

Pedestrians struck while using crosswalks often involve drivers failing to yield, running red lights, or making unsafe turns, and these collisions can result in significant injuries and medical expenses. Securing witness statements and traffic camera footage helps establish the driver’s actions and supports claims for compensation related to medical care and lost income.

Hit by Turning Vehicles

Accidents involving vehicles turning at intersections or driveways frequently occur when drivers do not see pedestrians or misjudge timing, leading to impact injuries along sidewalks or curb areas. Documentation of vehicle paths, skid marks, and witness observations can be key to proving fault and connecting the collision to resulting injuries.

Poor Roadway Conditions

Hazardous sidewalks, inadequate lighting, or missing signage can contribute to pedestrian collisions when they impair visibility or safe passage and may implicate property owners or municipalities. Identifying the condition and any prior complaints or maintenance records can help support claims that roadway hazards played a role in the accident.

Crown Heights Pedestrian Accident Representation

Why Choose Ahearne Law Firm for Pedestrian Claims

Ahearne Law Firm PLLC focuses on thorough investigation and client communication to support pedestrian accident claims in Crown Heights and the surrounding New York communities. We work to gather police reports, interview witnesses, obtain video evidence, and document the course of medical treatment so clients can present a clear, supported claim. Our approach emphasizes practical solutions, timely negotiation with insurers, and readiness to pursue litigation when needed, always aiming to maximize recoveries for medical costs, lost wages, and other damages while keeping clients informed at each stage.

Clients receive direct contact and regular updates so they understand their options and the likely path forward for settlement or court proceedings. We help organize bills, appointment records, and proof of income loss, and we prepare thorough demands to insurers that reflect both immediate expenses and anticipated future needs. By focusing on careful preparation and clear advocacy, we aim to reduce stress for injured pedestrians and obtain fair compensation that helps address recovery, rehabilitation, and financial disruption caused by the collision.

Contact Ahearne Law Firm for a Case Review

People Also Search For

Crown Heights pedestrian accident lawyer

pedestrian injury claim Crown Heights NY

pedestrian struck by car Crown Heights

pedestrian accident injury attorney New York

crosswalk accident Crown Heights

hit and run pedestrian Crown Heights

pedestrian compensation Crown Heights NY

Ahearne Law pedestrian claims

FAQS

What should I do immediately after a pedestrian accident in Crown Heights?

Seek medical attention right away, even if injuries seem minor, because some conditions can worsen without prompt treatment and medical records help link health issues to the collision. Report the accident to local law enforcement so an official record is created, and collect contact information from witnesses and the driver if possible. Preserve evidence by taking photographs of the scene, your injuries, and any vehicle damage, and retain clothing or items involved in the accident. Report the collision to your insurer, avoid providing recorded statements without advice, and consider contacting a firm such as Ahearne Law Firm to discuss investigation steps, evidence preservation, and potential claims against responsible parties.

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

In New York, the statute of limitations for most personal injury claims is generally two years from the date of the accident, but there are exceptions and different rules may apply depending on the circumstances or the identity of the defendant. Claims against government entities have shorter notice requirements that must be met within specific timeframes, so acting promptly is important to avoid losing the right to sue. Even when the general deadline appears to apply, early investigation and preservation of evidence increase the chance of a successful claim. Consulting with Ahearne Law Firm early helps identify deadlines and notice obligations and ensures necessary steps are taken to protect potential claims against drivers, property owners, or municipal entities.

Can I still recover damages if I was partially at fault for the accident?

New York follows comparative fault principles allowing recovery even if the injured person bears some portion of responsibility, but any award is reduced by the injured person’s share of fault. Establishing the degree of fault involves reviewing police reports, witness accounts, video evidence, and medical documentation to present a clear picture of how the accident occurred and the relative actions of everyone involved. Because fault allocation affects the recoverable amount, it is important to document all relevant evidence and avoid statements that could be used to blame the pedestrian. Assistance from a law firm can help gather and analyze evidence to minimize assigned fault and pursue fair compensation that accounts for shared responsibility when applicable.

What types of compensation can I seek after a pedestrian accident?

Compensation after a pedestrian accident can include reimbursement for medical expenses, pharmacy costs, physical therapy, and future medical care that is reasonably anticipated due to the injury. Economic damages also cover lost wages, diminished earning capacity, and out-of-pocket expenses related to the injury, and these are supported by medical records and employment documentation. Non-economic damages may include compensation for pain and suffering, emotional distress, and reduced quality of life resulting from the collision. In severe cases, claims may also seek damages for long-term care needs or loss of consortium where family relationships are affected, and thorough documentation helps establish the appropriate value of these losses.

Will the insurance company handle my medical bills after the accident?

If the driver’s insurance accepts responsibility, their insurer may cover medical bills and other damages subject to policy limits and coverage terms, but the process can be adversarial and carriers sometimes dispute liability or the severity of injuries. It is important to keep detailed records of all medical treatment and expenses so that demands to insurers reflect true costs and future needs. Some injured pedestrians may also have access to personal health insurance or no-fault (no-fault auto) coverage that can assist with immediate medical expenses while liability is determined. Coordination among insurers and clear documentation of out-of-pocket costs are essential, and legal guidance can help manage communications with multiple carriers to protect rights to compensation.

How is fault determined in a pedestrian versus vehicle collision?

Fault in pedestrian-vehicle collisions is determined by assessing whether a driver or another party failed to exercise reasonable care under the circumstances, using evidence such as traffic citations, witness statements, surveillance footage, and reconstruction analysis when needed. Investigators evaluate driver behavior, vehicle speed, visibility, traffic signals, and any roadway or environmental factors that contributed to the collision. Medical documentation tying injuries to the incident and demonstrating the impact on daily life helps establish causation and damages, while comparative fault analysis examines whether the pedestrian’s actions contributed to the accident. A methodical review of all available evidence allows for a reasoned determination of liability and appropriate allocation of responsibility.

Should I accept the first settlement offer from an insurance company?

Insurance companies often make early settlement offers that may seem convenient but can fall short of covering long-term medical needs, lost earnings, and ongoing pain and suffering. Accepting a quick offer may waive rights to seek additional compensation for future care or complications, so it is important to review any proposal carefully and consider the full scope of expected recovery before agreeing to a release. Evaluating a settlement requires a realistic assessment of future medical needs, the potential for long-term effects, and whether the offer adequately compensates for non-economic losses. Consulting with a law firm can help you assess whether an offer is fair and guide negotiations to seek an amount that reflects both current and anticipated impacts of the injury.

Can surveillance or cellphone footage help my pedestrian accident claim?

Surveillance footage, dashcam recordings, and cellphone video can be powerful evidence in reconstructing how a pedestrian accident occurred, showing vehicle speed, track, and the sequence of events. Early identification and preservation of such footage is essential because recordings may be overwritten or deleted, and prompt requests help ensure critical visual evidence is obtained before it disappears. Witness photos or videos taken at the scene can corroborate statements and clarify timelines, so obtaining contact information from witnesses and requesting copies of any recordings they have is important. A systematic effort to collect and preserve audiovisual evidence strengthens claims and helps demonstrate liability and the nature of the impact to insurers or a court.

What if the driver fled the scene?

If the driver fled the scene, report the hit-and-run to law enforcement immediately and provide any information you can about the vehicle, direction of travel, or distinguishing features. Police investigations can sometimes locate the driver through witness accounts, video footage, or registration records, and an official report supports potential claims against an uninsured motorist coverage if available. If the driver cannot be identified, recoverable pathways may include claims against your own uninsured motorist or underinsured motorist coverage, or pursuing other responsible parties if roadway hazards or maintenance issues played a role. Documentation of injuries, witnesses, and any video evidence remains essential even in hit-and-run cases to support available insurance claims and compensation avenues.

Do I need to see a doctor even if I feel fine after the accident?

Yes. Seeing a medical provider after an accident is important even if symptoms are not immediately obvious because some injuries, such as concussions, soft tissue damage, or internal injuries, may develop or worsen over time. Establishing a prompt medical record connecting treatment to the collision is critical to proving that injuries were caused by the accident and to documenting the course of recovery needed to support a claim. Follow recommended treatment plans and attend follow-up appointments to show consistent care and to track progress or lingering limitations. Keeping copies of medical records, prescriptions, therapy notes, and bills gives a clear record of the injury’s impact and supports requests for compensation that account for both short-term care and any anticipated ongoing medical needs.

Personal Injury Services in Crown Heights

Explore our injury practice areas

⚖️ All Personal Injury Services