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Pedestrian Accidents Lawyer — East Flatbush, NY

Compassionate Local Advocacy

Understanding Pedestrian Accident Claims in East Flatbush

The Ahearne Law Firm PLLC helps people injured in pedestrian accidents in East Flatbush and throughout Kings County, New York. If you were struck while walking, this page explains the steps to protect your rights, common causes of pedestrian collisions, the types of compensation that may be available, and how to begin documenting losses. We describe essential actions such as seeking medical care, preserving evidence at the scene, and reporting the collision to police and insurers. For a confidential discussion about your situation, call Allan J. Ahearne, Jr. at (845) 986-2777 to learn more about possible next steps.

Pedestrian collisions often involve multiple parties, complex factual issues, and a need for timely investigation. This guide outlines what to expect after an accident, including how fault is generally evaluated in New York, the kinds of damages typically pursued, and practical tips for preserving claims. We touch on the importance of medical documentation, witness statements, and scene evidence such as photos and surveillance. If liability is unclear or the injuries are serious, a more thorough review and faster action can make a difference. Contact our office to discuss your case and options for moving forward.

How Legal Help Can Improve Your Claim

Having professional legal assistance during a pedestrian claim can help ensure that evidence is preserved, medical records are obtained, and insurance communications are managed properly. Attorneys and their teams coordinate investigations, seek needed documentation from hospitals, and work to identify all potentially responsible parties, including drivers, vehicle owners, and municipalities when appropriate. Proper guidance can help claimants avoid common pitfalls such as accepting an early low settlement or missing important deadlines. The goal of representation is to support a thorough presentation of losses so that anyone hurt in East Flatbush can pursue fair compensation for medical care, lost wages, and other harms.

About The Ahearne Law Firm and Allan J. Ahearne, Jr.

The Ahearne Law Firm PLLC is a local Kings County practice that represents injured pedestrians and others in personal injury matters. Allan J. Ahearne, Jr. and the firm provide direct, attentive client communication and focus on building a clear record of injuries, treatment, and related losses. The office serves clients from East Flatbush and surrounding neighborhoods, coordinating with medical providers and investigators to document what happened and who may be responsible. If you have questions about timing, claims, or medical bills, our office is available by phone at (845) 986-2777 to discuss the specifics of your situation and possible next steps.

What Is a Pedestrian Accident Claim?

A pedestrian accident claim arises when a person walking is injured due to the careless or negligent acts of a driver, property owner, or government entity. Common causes include drivers failing to yield, speeding, distracted driving, failing to observe crosswalks, unsafe turns, and collisions in poorly marked or maintained areas. Injuries can range from fractures and soft tissue trauma to traumatic brain injury and long-term impairment. Building a claim requires establishing that another party owed a duty of care, breached that duty, and that the breach caused measurable harm, including medical expenses and lost income.

The typical process involves collecting police and medical reports, interviewing witnesses, preserving scene evidence, and requesting records from hospitals and treatment providers. In New York, the general deadline to file a personal injury lawsuit is three years from the date of the injury, though exceptions can apply depending on circumstances and responsible parties. Insurance companies may contact injured pedestrians quickly, so having organized documentation and prompt medical follow-up helps preserve the ability to seek full compensation. Early consultation can also clarify potential defendants and the types of evidence that will be important.

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Key Terms and Simple Glossary

Negligence

Negligence is the legal concept used to describe conduct that falls short of the standard of care a reasonable person would exercise under similar circumstances. In a pedestrian accident case, negligence commonly refers to actions like failing to obey traffic signals, driving while distracted, or not yielding to pedestrians. To prove negligence you generally need to show that the defendant had a duty to act reasonably, breached that duty, and that the breach caused the pedestrian’s injuries and related losses. Damages must be shown to have flowed from that breach, such as medical bills, rehabilitation costs, and lost earnings.

Comparative Fault

Comparative fault is the rule used to allocate responsibility when more than one party may have contributed to an accident. New York applies a form of comparative negligence that reduces a claimant’s recovery by the percentage of fault assigned to them, but does not bar recovery entirely even if the claimant bears some fault. For example, if a pedestrian is found partially at fault for failing to use a crosswalk, any award for damages may be reduced by that percentage. Determining fault often requires analyzing witness statements, police reports, and physical evidence from the scene.

Liability

Liability refers to legal responsibility for harm caused by one’s actions or omissions. In pedestrian collisions, a liable party could be the driver who struck the pedestrian, a vehicle owner who allowed an unfit operator to drive, or an entity responsible for unsafe road conditions. Establishing liability involves showing that the defendant’s conduct was negligent and that their negligence was a proximate cause of the injury. Identifying all potentially liable parties early in the case is important because multiple entities may share responsibility and contribute to the recovery available to an injured pedestrian.

Damages

Damages are the financial and nonfinancial losses a claimant seeks to recover after an injury. Economic damages cover quantifiable losses such as medical bills, rehabilitation costs, prescription expenses, and lost wages. Non-economic damages include compensation for pain and suffering, diminished quality of life, and emotional distress. In certain cases, punitive damages may be sought where a defendant’s conduct was particularly reckless, though those awards are rare. Properly documenting the full scope of damages through medical records, bills, and testimony helps support a more accurate valuation of a pedestrian claim.

PRO TIPS

Preserve Scene Evidence

After a pedestrian collision, preserving evidence at the scene can be vital to proving what happened and who was at fault. Take photos of vehicle positions, road markings, traffic controls, visible injuries, and any debris, and collect contact information for witnesses while memories are fresh. Keeping this evidence organized and sharing it with those helping you to pursue a claim can improve the accuracy of the investigation and support communications with insurers and medical providers.

Seek Prompt Medical Care

Getting medical attention as soon as possible serves both your health and any potential claim by documenting injuries and treatment needs. Even if symptoms seem minor initially, some injuries are not apparent right away, and early records establish a clear link between the accident and your care. Keep copies of medical reports, treatment plans, and bills so that they can be provided to insurers and others reviewing your case.

Document Financial and Daily Impacts

Maintain a detailed record of expenses and time missed from work related to your injury, including receipts, pay stubs, and notes about daily limitations. Documenting the effect of injuries on your daily life, such as difficulty with routine tasks or hobbies, helps convey the full impact beyond medical bills. Organized records make it easier to calculate economic losses and to explain non-economic harms when seeking compensation.

Comparing Your Legal Options After a Pedestrian Accident

When Full Representation Is Appropriate:

Serious Injuries or Long-Term Care

Full representation is often appropriate when injuries are severe, require ongoing medical treatment, or lead to long-term care needs, because those situations demand careful documentation and coordination with medical providers. A comprehensive approach allows for a thorough investigation into liability, the collection of detailed medical and economic evidence, and careful negotiation or litigation to pursue a fair recovery. When future medical needs are likely, securing an informed valuation of damages at the outset can be especially important to address long-term costs and care planning.

Complex Liability or Multiple Parties

Cases involving multiple potentially liable parties, government entities, or unclear fault allocations typically benefit from comprehensive legal attention to ensure all avenues of recovery are explored. These matters often require obtaining surveillance footage, expert opinions, or specialized records and may involve complex procedural rules when municipalities or third parties are involved. Thorough representation helps coordinate these investigatory steps, identify all defendants, and navigate procedural requirements so that claimants preserve their rights against every possible source of compensation.

When Limited Assistance May Be Sufficient:

Minor Injuries and Clear Liability

In situations where injuries are minor, treatment is complete, and liability is undisputed, a limited scope engagement or direct negotiation with an insurer can sometimes resolve matters efficiently. A targeted approach might involve helping organize medical records, preparing a concise demand package, and advising on settlement offers without pursuing full litigation. This option can save time and expense when the facts are straightforward and the claimant seeks a faster resolution while still protecting their right to fair compensation.

Quick Insurance Settlements

If an insurer promptly acknowledges responsibility and offers a reasonable settlement that fully covers documented expenses and losses, a limited engagement to review and finalize the offer may suffice. Careful evaluation is important to ensure the offer accounts for all current and potential future costs associated with the injury. When a full assessment confirms the offer is fair, accepting an early resolution can reduce stress and provide quicker access to funds for recovery and bills.

Common Circumstances in Pedestrian Collisions

Crosswalk Strikes

Crosswalk collisions happen when drivers fail to yield, run red lights, or misjudge pedestrian right of way, and these incidents often produce visible scene evidence such as skid marks, damaged road signage, or surveillance footage. Detailed documentation of the roadway, signal timing where possible, and witness statements can help reconstruct the events and support a claim for damages arising from injuries and related losses.

Unmarked Roadway Incidents

Pedestrian injuries on unmarked roads often result from low visibility, poor lighting, or lack of sidewalks, and such conditions can be important when analyzing liability and road safety obligations. Gathering photographs of the location, maintenance records, and any municipal notices can assist in determining whether a property owner or government entity shares responsibility for the dangerous condition.

Hit-and-Run Collisions

When a driver leaves the scene, police reports, witness descriptions, and nearby surveillance cameras become key sources of information for identifying the vehicle and operator. Even in hit-and-run cases, injured pedestrians may be able to pursue compensation through uninsured motorist coverage or by locating the responsible party, and preserving early evidence increases the chance of locating the driver and documenting injuries.

East Flatbush Pedestrian Accident Representation

Why Choose The Ahearne Law Firm for Pedestrian Claims

Clients choose The Ahearne Law Firm PLLC for attentive, local representation focused on clear communication and careful documentation of injuries and losses. The firm works to coordinate medical records, bills, and witness information while keeping clients informed about key developments. We handle claims on a contingency fee basis in many cases, meaning payment is connected to the outcome, and that approach helps people who are managing medical care and financial stress after an accident. If you are in East Flatbush, our office can explain how a thoughtful approach helps preserve options for recovery.

From the first call to resolution, our team aims to reduce confusion and administrative burdens so clients can focus on recovery. We assist with gathering treatment records, responding to insurer requests, and preparing clear documentation of economic and non-economic losses. Communication is handled respectfully and promptly, and we will discuss realistic timelines, potential recovery, and the best route for your particular circumstances. To get started, contact Allan J. Ahearne, Jr. at (845) 986-2777 to schedule an initial conversation.

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FAQS

What should I do immediately after a pedestrian accident?

Immediately after a pedestrian collision, focus first on safety and medical attention by calling 911 and getting evaluated at the scene or at an emergency facility. If you are able, take photos of the scene, your injuries, vehicle damage, traffic signals, and road conditions, and collect contact information from witnesses and the driver if possible. A police report can be important, so ask that one be completed and obtain the report number for your records. Preserving early evidence and documenting injuries supports any subsequent claim. Notify your insurance company about the accident and keep copies of all medical records and bills. If available, gather surveillance footage or ask nearby businesses whether cameras captured the incident. If you have questions about communicating with insurers or preserving claims, call our office at (845) 986-2777 for a confidential discussion of your options.

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

In New York, the general statute of limitations for personal injury claims is three years from the date of the injury, which means most lawsuits must be filed within that timeframe. There are exceptions for certain defendants, such as government entities, which often have shorter notice periods and different procedures that must be followed before a lawsuit can be filed. Missing these deadlines can prevent recovery, so timely action is important to preserve rights. Because exceptions and procedural rules vary by circumstance, it is advisable to clarify applicable deadlines early in the process. Promptly gathering records, reporting the accident to relevant parties, and contacting those who can advise on procedural requirements helps ensure claimants meet filing obligations and avoid forfeiting potential claims.

Will my medical treatment affect my claim?

Yes, medical treatment is a central part of any pedestrian injury claim because it documents the nature and extent of injuries and shows the link between the accident and care received. Timely visits to emergency rooms, urgent care, or primary physicians create a medical record that insurers and other parties will review when evaluating a claim. Consistent follow-up care, diagnostic testing, and records of prescriptions and physical therapy all contribute to demonstrating the scope of damages. Failure to seek or follow through with medical care can make it harder to prove that an injury was caused by the collision. Even if symptoms appear mild at first, some conditions develop over time, so continuing to monitor and document health issues and sharing those records with the appropriate parties is important. Keep copies of all medical bills, treatment notes, and referrals to support a full valuation of losses.

What types of compensation can I recover after a pedestrian collision?

Pedestrian accident claims commonly seek compensation for economic losses such as past and future medical expenses, rehabilitation costs, prescription medications, assistive devices, and lost income from missed work. Claimants may also seek recovery for non-economic harms such as pain and suffering, loss of enjoyment of life, and emotional distress when injuries impact daily routines and personal well-being. Accurate documentation of expenses and the effect of injuries on daily life supports a comprehensive claim for damages. In some cases, claimants can pursue additional categories of recovery, such as loss of earning capacity if injuries reduce long-term ability to work, or costs related to in-home care or home modifications. The specific damages available depend on the facts of the case, the severity of injuries, and applicable legal standards, so gathering medical evidence and economic documentation early helps in assessing possible recovery.

How is fault determined in a pedestrian accident?

Fault is determined by reviewing the actions of the driver, the pedestrian, and potentially other parties, along with physical evidence, witness accounts, and official reports. Investigators and insurers look for whether a driver violated traffic laws, ignored signals, or acted in a careless way that caused the collision. Road conditions, signage, lighting, and conduct by third parties may also factor into assessing responsibility for a pedestrian accident. New York applies comparative fault principles when multiple parties share responsibility, which can reduce a claimant’s recovery proportionally to any assigned percentage of fault. The factual record assembled by medical documentation, scene photos, witness statements, and any available video evidence plays a central role in establishing fault and the appropriate allocation of responsibility.

What if the driver left the scene or I don’t know who hit me?

In hit-and-run situations, police reports, witness statements, and nearby surveillance footage are critical tools for identifying the responsible vehicle and operator. Promptly reporting the incident to law enforcement increases the chance that investigators will locate the driver, and insurance companies may be able to assist in identifying the vehicle through claims databases if there were damage to another vehicle. Uninsured motorist coverage is another avenue that can provide recovery when the responsible driver cannot be located. Preserving evidence early, including photos and witness contact information, can aid both criminal investigation and civil claims. If the driver is not identified, claimants should notify their insurer about potential uninsured motorist coverage and work with counsel or advisors to explore all available compensatory options while law enforcement continues its search.

Should I speak with the insurance company right away?

You should be cautious when speaking with insurance company representatives and avoid giving recorded statements or accepting a quick settlement without first understanding the full scope of your injuries. Insurers may seek early, brief descriptions that could be used to downplay the severity of injuries or to limit liability. It is generally wise to gather medical documentation and consult with a representative before agreeing to settle, especially if treatment is ongoing or the full extent of losses is unclear. Notifying your insurer of the accident is usually necessary, but consider getting guidance on how to communicate so that your rights are preserved. If you are uncertain about how to respond to insurer requests or settlement offers, reach out for advice so that decisions reflect the full picture of medical needs, lost wages, and non-economic harms.

How long does a pedestrian accident case typically take to resolve?

The time it takes to resolve a pedestrian accident case can vary widely depending on medical recovery, complexity of liability, the need for expert opinions, and whether the matter settles or proceeds to litigation. Some straightforward claims with clear liability and limited injuries can resolve within months, while cases with serious injuries, disputed fault, or multiple defendants may take a year or more to reach resolution. Planning for a range of outcomes helps claimants set realistic expectations about timing. During the process, gathering records, negotiating with insurers, and preparing for potential trial all require careful attention to detail. Providing thorough documentation of injuries and losses and cooperating with necessary investigative steps often speeds up the evaluation of a claim. Regular communication about progress and next steps helps claimants stay informed while their case moves toward settlement or trial.

How much will it cost to have the Ahearne Law Firm help with my claim?

Many personal injury matters are handled on a contingency fee basis, which means the firm’s fee is a percentage of any recovery obtained rather than a flat hourly charge. This arrangement allows injured people to pursue claims without paying upfront legal fees and aligns the interests of the client and the firm in seeking a fair result. The exact terms and percentage should be discussed and confirmed in writing before any engagement to ensure full understanding of potential costs and disbursements. Beyond contingency fees, there may be case-related expenses such as court filing fees, costs for obtaining records, and fees for expert opinions that are either advanced or deducted from a recovery. A clear engagement agreement will outline how these costs are handled and whether the client is responsible for any out-of-pocket expenses if there is no recovery.

Can I handle a pedestrian claim on my own without assistance?

Handling a pedestrian claim on your own is possible in limited circumstances, especially when injuries are minor and liability is clear, but doing so requires understanding insurance practices, evidence preservation, and the valuation of damages. Self-representation may risk accepting an early settlement that does not fully account for future medical needs or long-term effects, and negotiating with insurers without a clear record of losses can reduce potential recovery. Assessing the complexity of your case and the likely scope of future costs helps determine whether additional assistance is warranted. Even when pursuing a claim independently, many people consult with a representative early in the process for guidance on documenting injuries, interacting with insurers, and understanding procedural deadlines. An informed decision about representation can help protect recovery while balancing the desire for a prompt resolution and the need to address all current and potential losses.

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