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Pedestrian Accident Attorney in Gravesend, Brooklyn

Compassionate Local Representation

Pedestrian Accident Claims and Compensation

Pedestrian accidents in Gravesend can cause life-changing injuries and unexpected expenses for victims and their families. When a pedestrian is struck by a motor vehicle, medical bills, lost wages, and long recovery times can create serious financial and emotional strain. Allan J. Ahearne, Jr. and the attorneys at Ahearne Law Firm PLLC work with people injured in Brooklyn to investigate what happened, preserve evidence, and pursue insurance recovery on behalf of injured pedestrians. If you or a loved one was hit while walking in Gravesend, calling (845) 986-2777 can help you learn your options and begin protecting your legal rights promptly.

A successful pedestrian claim typically depends on documenting the crash, showing how the injury affects daily life, and negotiating with insurers who may minimize or deny valid claims. Our team focuses on collecting police reports, medical records, witness statements, and any available video to support a strong presentation of your losses. We explain each step of the process in plain language so clients understand timelines, potential outcomes, and what is needed to preserve legal rights. Prompt action helps ensure vital evidence is preserved and deadlines are met under New York law.

Why Legal Assistance Matters After a Pedestrian Crash

Seeking legal assistance after a pedestrian crash helps injured people secure documentation of their losses, manage communications with insurance companies, and pursue appropriate compensation for medical care, lost income, and pain and suffering. Lawyers can coordinate with medical providers and accident reconstruction professionals to build a clear record of how the crash occurred and who should be held responsible. Having someone handle procedural deadlines, evidence collection, and settlement negotiations allows injured people and their families to focus on recovery while claims are advanced in a strategic way that reflects the full scope of their injuries and associated costs.

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

Ahearne Law Firm PLLC represents people across New York with a focus on personal injury matters, including pedestrian collisions in Kings County and neighboring areas. Allan J. Ahearne, Jr. leads case management and client communications at the firm, which emphasizes responsive service and practical legal guidance tailored to each client’s situation. The firm maintains roots in the Hudson Valley and serves clients who require local knowledge of New York’s courts and insurers. Clients work directly with the attorney and staff who handle investigation, documentation, and negotiations while keeping clients informed at every stage.

Understanding Pedestrian Accident Claims

A pedestrian accident claim in New York typically requires establishing that a driver owed a duty of care to the pedestrian, breached that duty through negligent actions, and caused the pedestrian’s injuries and associated damages. Damages can include current and future medical costs, lost income, diminished earning capacity, pain and suffering, and loss of enjoyment of life. The claimant must assemble evidence that shows how the accident occurred and how injuries are linked to the crash. Gathering medical records, accident reports, witness statements, and photographic or video evidence is central to proving a pedestrian claim in a persuasive manner.

The procedural path for a pedestrian case often starts with immediate medical care and documentation, followed by filing insurance claims and negotiating with carriers. If liability is disputed or a settlement cannot be reached, filing a lawsuit may be required within the applicable New York statute of limitations, which commonly allows three years for personal injury claims. Timely preservation of evidence, prompt notice to insurers, and careful assessment of long-term medical needs are important to protect compensation potential. Clients should keep comprehensive records of expenses, treatment, and how injuries affect daily life to support their claims.

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Key Terms and Glossary for Pedestrian Cases

Negligence

Negligence is the legal concept that a person or entity failed to act with reasonable care, and that failure caused another person’s injury or loss. In the context of pedestrian accidents, negligence can include actions like failing to stop at a crosswalk, speeding through a pedestrian zone, failing to yield, or operating a vehicle while distracted. To prove negligence, an injured pedestrian must show that the driver owed a duty of care, breached that duty through action or inaction, and that the breach was a proximate cause of the pedestrian’s injuries. Evidence such as police reports and witness statements often helps demonstrate negligence.

Comparative Fault

Comparative fault is the rule that assigns a percentage of responsibility to each party whose conduct contributed to an accident, and then reduces recoverable damages by the injured party’s percentage of fault. New York follows a form of comparative negligence, which means a pedestrian’s compensation can be reduced even if they share some responsibility for the crash. For example, if a pedestrian is found to be 20% at fault, any award or settlement may be reduced by 20 percent. Assessing fault percentages requires careful review of evidence, scene conditions, and witness accounts.

Liability

Liability describes legal responsibility for harm caused by negligent or wrongful conduct. In pedestrian cases, liability may rest with a driver, a vehicle owner, a municipality responsible for a dangerous road condition, or another party whose actions contributed to the collision. Establishing liability involves proving that the responsible party had a duty, breached that duty, and that the breach caused measurable damages to the injured pedestrian. Liability may be shared among multiple parties, and resolving who is responsible often depends on physical evidence, witness testimony, and applicable traffic or safety regulations.

Damages

Damages are the monetary losses an injured person may recover for harm caused by another party. In pedestrian accident claims, damages typically include past and future medical expenses, rehabilitation costs, lost wages, diminished earning capacity, pain and suffering, and costs related to long-term care or assistive devices. Documentation such as medical bills, wage statements, and expert medical opinions helps quantify damages. A thorough assessment looks beyond immediate bills to consider ongoing needs, therapy, and the broader impact of the injury on the injured person’s daily life and ability to work.

PRO TIPS

Seek Immediate Medical Attention

After a pedestrian accident, obtain medical care right away even if you believe your injuries are minor, because some conditions can worsen without timely diagnosis and treatment and early documentation helps connect your care to the accident for insurance purposes. Prompt medical records are important evidence when presenting a claim to insurers or in court, and they also ensure that you receive appropriate care to reduce the risk of long-term complications. Keep copies of all medical notes, test results, prescriptions, and appointment summaries to create a complete record of your treatment and recovery.

Preserve Evidence and Documentation

Collecting and preserving evidence at the scene and afterward is vital to support a pedestrian claim, including taking photographs of injuries, vehicle damage, road conditions, and relevant signage, along with obtaining contact information for witnesses and the responding police officer. Save all receipts, bills, and communication from insurers, and make notes about how injuries affect daily activities, sleep, and work to establish the claim’s full impact. Store electronic files and backups of photos and documents, and provide copies to the attorney handling your case so nothing is missed during investigation and negotiation.

Avoid Early Recorded Statements

Be cautious about giving recorded statements to insurance adjusters without understanding potential legal implications, since early statements can be misconstrued or used to minimize the claim, and it is acceptable to decline making a recorded statement until you have appropriate guidance. Instead, focus on getting medical treatment and preserving documentation, and direct adjusters to your attorney or to provide a written request that can be answered formally. If you decide to speak with an insurer, limit details to factual information about the date and location of the accident and seek clarification before providing more substantive responses.

Comparing Legal Options After a Pedestrian Crash

When Comprehensive Legal Support Is Appropriate:

Serious or Long-Term Injuries

Comprehensive legal support becomes important when injuries are severe, require extended medical care, or affect long-term earning capacity, because these cases often involve complex medical evaluations and projection of future costs that must be documented carefully. In such situations, thorough investigation, coordination with medical providers, and preparation of persuasive evidence are needed to seek adequate compensation that reflects both immediate and ongoing needs. The legal process in a serious case may include depositions, expert evaluations, and detailed settlement negotiations to ensure that potential future expenses are included in any resolution.

Disputed Liability or Multiple Parties

When fault is disputed, multiple vehicles or parties are involved, or municipal responsibilities are at issue, a comprehensive approach helps identify and pursue every possible source of recovery and coordinate claims across insurers and liable entities. These cases often require careful analysis of traffic laws, scene reconstruction, witness interviews, and sometimes subpoenas for surveillance footage or maintenance records, all of which demand organized case management and procedural knowledge. A measured and well-documented strategy improves the likelihood of reaching a fair settlement or presenting a convincing case in litigation if necessary.

When a Limited Approach May Suffice:

Minor Injuries and Clear Liability

A limited approach may be appropriate when injuries are relatively minor, liability is clear, and medical expenses are small enough that handling the claim directly with the insurer is feasible without extensive investigation or litigation. In those circumstances, quickly submitting medical bills and documentation to the at-fault driver’s carrier may result in an efficient resolution that covers necessary treatment and property damage. Even with a limited approach, keep careful records of treatment and be mindful of deadlines and insurer practices to avoid overlooking important elements of a claim.

Small Property Damage Claims

If the primary losses are limited to minor property damage and there is no significant injury, a streamlined claim process focused on repair estimates and vehicle damage appraisal can often resolve matters without a full legal campaign. In these cases, prompt reporting to insurers and obtaining repair quotes or receipts usually suffices to obtain compensation for out-of-pocket expenses and diminished vehicle value, where applicable. However, always ensure that any claim settlement fully accounts for both visible damage and any emerging vehicle issues that appear after initial repairs.

Common Situations in Pedestrian Accidents

Crosswalk Collisions

Collisions in crosswalks often involve drivers failing to yield or misjudging pedestrian intent, and they can produce serious injuries because vehicles are moving with substantial force even at moderate speeds, making thorough documentation and witness testimony especially important for establishing what happened. Photographs of the crosswalk, any signage or signals, and statements from bystanders or other drivers help demonstrate fault and conditions at the scene, while medical records connect the injuries to the collision for claims and negotiations.

Dooring and Parking Lot Strikes

Incidents such as dooring or being struck in a parking lot frequently involve different liability considerations, including whether a vehicle occupant opened a door carelessly or whether the driver failed to observe a pedestrian in low-speed environments, and those nuances must be investigated to determine responsibility. Gathering camera footage, witness statements, and maintenance or parking lot design information can be essential to proving how these encounters occurred and the extent of related damages to both people and property.

Distracted or Speeding Drivers

Distracted driving and speeding remain leading causes of pedestrian collisions, where a driver’s divided attention or excessive speed reduces reaction time and increases the severity of impact, making it more likely that pedestrians will suffer significant harm. Identifying indicators of distraction or speed, such as cellphone records, skid marks, or witness observations, helps build the factual picture needed to assign responsibility and pursue appropriate recovery for injuries and losses.

Gravesend Pedestrian Accident Attorney

Why Choose Ahearne Law Firm for Pedestrian Claims

Ahearne Law Firm PLLC offers personal attention to people injured in pedestrian collisions, focusing on clear communication and organized case preparation so clients understand their options and next steps. The firm handles investigation, medical documentation gathering, and negotiation with insurance carriers while maintaining local familiarity with Kings County practice and procedures. Allan J. Ahearne, Jr. and staff prioritize responsiveness and practical advocacy, working to ensure claims reflect the full scope of an individual’s medical needs, lost income, and recovery-related expenses while keeping clients informed throughout the process.

Clients receive guidance on filing appropriate claims, preserving evidence, and meeting necessary deadlines under New York law, and the firm coordinates with medical professionals and accident reconstruction resources when needed to document damages and liability. We emphasize building a clear, well-documented case and preparing for negotiations so that any settlement discussions are informed by a comprehensive account of losses. To discuss a pedestrian collision in Gravesend or learn more about available options, call (845) 986-2777 for an initial case conversation.

Call Today to Discuss Your Pedestrian Claim

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FAQS

What should I do immediately after a pedestrian accident?

Immediately after a pedestrian accident, prioritize safety and medical attention; if you are injured, seek emergency care and follow medical advice to document injuries and obtain timely treatment. If possible, call 911 to request police and emergency services, and keep records of the responding officer and the report number so there is an official account of the collision. At the scene, collect information such as the driver’s name, insurance details, vehicle description, and contact information for witnesses, and take photos of the scene, vehicle damage, road conditions, and any visible injuries if you are able. Preserve medical records and receipts and report the accident to any relevant insurers, while avoiding detailed recorded statements to adjusters until you understand the implications and have guidance on how to proceed.

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

Under New York law, the statute of limitations for most personal injury claims, including pedestrian accidents, is three years from the date of the injury, and failing to file within this period can bar a claim, so it is important to act promptly. Certain circumstances, such as claims against a municipality for a dangerous road condition, may impose shorter notice requirements or different deadlines, which makes early consultation important to protect rights and avoid missed deadlines. Because deadlines and procedural requirements can vary depending on defendants and case specifics, preserving evidence and engaging legal guidance early helps ensure claims are filed properly and within required timeframes. A timely start also supports investigation while evidence remains fresh and available for building the strongest possible presentation of the case.

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

Yes, you may still recover damages if you were partially at fault under New York’s comparative fault approach, which reduces an award by your percentage of responsibility rather than barring recovery entirely. For example, if a pedestrian is found to be partly at fault, the total compensation can be reduced proportionally, so assessing and challenging any proposed fault percentage is an important part of the claims process. Accurate documentation of the scene, witness statements, and objective evidence can influence fault allocation, so gathering information about traffic signals, driver behavior, and pedestrian conduct helps present a balanced factual account. Legal guidance can assist in disputing inflated fault assignments and in negotiating or litigating for a fair apportionment reflective of the true circumstances.

How is fault determined in a pedestrian collision?

Fault in a pedestrian collision is typically determined by reviewing physical evidence, witness statements, medical records, and any available video or photographic documentation, along with the applicable traffic laws or regulations. Police reports may offer an initial assessment, but they are not conclusive and are just one piece of the overall evidentiary picture used to evaluate responsibility. Understanding vehicle speed, visibility, roadway conditions, and whether either party violated traffic laws or acted negligently all factor into determining fault, and sometimes accident reconstruction or expert analyses may be used to clarify aspects of the crash. A careful review of all available information helps establish how and why the incident occurred and who should be held responsible for resulting damages.

What types of compensation are available in pedestrian accident cases?

Compensation in pedestrian accident cases can include reimbursement for past and future medical expenses, hospital and rehabilitation costs, medication, assistive devices, and physical therapy, all aimed at addressing the economic impact of injuries. Lost wages, loss of earning capacity, and reimbursement for travel and caregiver costs tied to medical care may also be recoverable if supported by documentation. Non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life may be pursued based on the severity and permanence of injuries, while property damage claims can address vehicle or personal item losses. Establishing these elements typically relies on medical records, wage documentation, and a thorough accounting of how the injury has affected daily life and future prospects.

Will the insurance company pay for my medical bills right away?

Insurance companies may provide prompt payment for clear, documented medical bills, but they often request proof of causation and liability before authorizing broader coverage, which can delay full payment. Insurers may also scrutinize claims and seek statements that could limit recovery, so careful documentation and measured communication are important to support payment for necessary care and treatment. If immediate coverage from the at-fault driver’s insurer is unavailable, other avenues such as your own no-fault coverage, health insurance, or uninsured motorist benefits may be used to address medical bills in the short term, subject to policy terms and coordination rules. Keeping thorough records of treatment and insurer correspondence helps ensure bills are submitted correctly and pursued effectively.

Do I need to see a doctor if my injuries seem minor?

Yes, it is important to see a doctor even if injuries initially seem minor, because symptoms can emerge or intensify over time and early medical documentation creates an important link between the accident and any subsequent health issues. Medical records created soon after the collision provide objective evidence that supports a claim for compensation and help professionals identify injuries that might otherwise be missed or attributed to another cause. Delaying medical care can complicate a claim by creating gaps in the record or suggesting that injuries were not severe, which may affect negotiations and compensation. Prompt evaluation also helps ensure appropriate treatment is started quickly, which can reduce the risk of long-term complications and support a more complete recovery and accurate assessment of treatment needs.

What evidence is most helpful in a pedestrian accident case?

Helpful evidence in a pedestrian accident includes police reports, photographs or video of the scene, vehicle damage, and injuries, witness contact information and statements, and medical records detailing diagnosis and treatment. These items help establish what happened, who was at fault, and the extent of the injuries, and they form the basis for both settlement negotiations and litigation if necessary. Additional useful materials include surveillance footage from nearby businesses or traffic cameras, cellphone records that may show distraction, expert reconstruction reports when needed, and a diary or journal documenting pain, limitations, and appointments to demonstrate how injuries affect daily life. The more comprehensive the documentation, the clearer the case for fair compensation.

How long does a pedestrian injury claim usually take to resolve?

The time to resolve a pedestrian injury claim varies significantly based on case complexity, the extent of injuries, whether liability is disputed, and the willingness of insurers to negotiate. Some straightforward claims can be resolved in a few months once medical treatment concludes and bills are documented, while more complex matters involving serious injuries, multiple parties, or disputed liability can take a year or longer to reach resolution through negotiation or litigation. Preparing a case thoroughly before settlement discussions helps ensure that offers reflect the full cost of current and future needs, which can extend the timeline but lead to a more complete recovery. Clients should expect regular updates and realistic timelines from their legal representative so they can plan for medical care and financial needs during the process.

What if the driver who hit me does not have insurance?

If the driver who hit you lacks insurance, there are still potential sources of recovery depending on your own coverage and policy terms; for instance, uninsured motorist coverage under your own auto policy may provide compensation for medical bills and certain other losses. Health insurance can also address medical needs initially, with potential subrogation or reimbursement issues addressed later, and underinsured motorist coverage may apply if the driver’s policy limits are inadequate for your losses. In cases involving an uninsured driver, it may be necessary to explore additional options such as claims against a vehicle owner, employer liability if the driver was working at the time, or municipal claims if road conditions contributed to the incident. Understanding available coverages and timely filing of required notices is important to preserve potential recovery avenues.

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