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Pedestrian Accident Lawyer in Franklin Square

Help After a Crash

Franklin Square Pedestrian Accident Guide

If you were injured as a pedestrian in Franklin Square, you need clear information about your rights and the steps that follow a crash. This guide explains what typically happens after a pedestrian accident, common injuries, who may be responsible, and how local law firms handle insurance negotiations and claims. The Ahearne Law Firm PLLC serves Hudson Valley and New York residents, and Allan J. Ahearne, Jr. can discuss next steps for free. We focus on identifying liability, preserving evidence, and advocating for fair compensation while keeping you informed through each stage of the process.

A pedestrian crash can cause physical, emotional, and financial strain that lasts well beyond the initial incident. Timely action often matters: collecting medical records, preserving scene evidence, and securing witness statements are important early steps. Insurance companies frequently move quickly to limit payouts, so having someone to coordinate communications, gather documentation, and assess damages can make a meaningful difference in the claim’s outcome. This guide outlines practical elements of a pedestrian claim and what to expect while pursuing compensation for medical bills, lost wages, pain, and other losses.

The Importance and Benefits of Representation After a Crash

Representation after a pedestrian accident helps ensure injured people can pursue a full recovery by addressing immediate needs and long-term losses. A knowledgeable attorney can assist with gathering medical records, consulting medical providers about care plans, identifying liable parties such as drivers or municipalities, and negotiating with insurers to seek fair compensation. Having a dedicated advocate can reduce administrative burdens so you can focus on healing. Timely legal involvement also helps preserve crucial evidence and witness testimony that may otherwise be lost, improving the odds of a better outcome for those harmed in pedestrian incidents.

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

The Ahearne Law Firm PLLC represents injured people across the Hudson Valley and New York, focusing on personal injury matters including pedestrian collisions. Attorney Allan J. Ahearne, Jr. has handled a wide range of motor vehicle and pedestrian injury claims and works directly with clients to develop case strategies tailored to their situations. The firm emphasizes clear communication, thorough documentation, and a practical approach to resolving claims through negotiation or litigation when necessary. Clients can expect attentive advocacy, prompt responses to questions, and assistance coordinating medical care and records gathering.

Understanding Pedestrian Accident Claims

A pedestrian accident claim typically alleges that a driver or other party acted negligently and that this negligence caused your injuries. Establishing a claim involves proving duty, breach, causation, and damages. Evidence may include police reports, witness statements, traffic camera footage, photographs of the scene, and medical records showing the nature and extent of injuries. Medical documentation linking treatment to the crash is particularly important when seeking compensation for past and future medical care, lost income, pain and suffering, and other losses related to the incident.

The claims process involves interacting with insurers, preparing and submitting demand packages, and sometimes pursuing litigation if a fair resolution cannot be reached. Timelines vary by case and may be affected by the pace of medical treatment, ongoing investigations, and statutory deadlines. Recovering compensation can include negotiation for a settlement or presenting evidence in court. Throughout the process, collecting detailed records and maintaining clear communication about your injuries and their impact on daily life are important steps to support the value of your claim.

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Key Terms and Glossary

Negligence

Negligence refers to a failure to act with reasonable care under the circumstances, which results in harm to another person. In pedestrian claims, negligence often concerns a driver’s failure to observe traffic laws, yield to pedestrians, follow speed limits, or pay attention to the roadway. Proving negligence typically requires showing that the driver owed a duty of care, breached that duty, and that the breach caused the pedestrian’s injuries. Documentation such as witness statements, traffic citations, and physical evidence from the scene can help establish negligence in a claim.

Comparative Fault

Comparative fault is the legal concept that allows fault to be divided among multiple parties when an accident occurs. Under New York law, a pedestrian’s compensation may be reduced if they are found partly responsible for the crash. The percentage assigned to each party affects the final recovery amount. For example, if a pedestrian and a driver share fault, the pedestrian’s total damages are reduced by their share of responsibility. Understanding comparative fault is important when evaluating settlement offers or preparing for litigation.

Liability

Liability means legal responsibility for the harm caused in an accident. In pedestrian cases, liability may rest with a motorist, a commercial vehicle operator, a property owner, or a municipality depending on the facts. Establishing liability requires showing that the responsible party’s actions or failures directly contributed to the crash and the pedestrian’s injuries. Identifying all potentially liable parties is an important part of maximizing recovery, since different defendants can have access to different insurance policies or resources to satisfy a judgment.

Damages

Damages refer to the monetary compensation sought for losses resulting from an accident. In pedestrian cases, damages may include past and future medical expenses, lost wages, diminished earning capacity, pain and suffering, and costs associated with ongoing care or rehabilitation. Calculating damages often requires medical reports, wage records, and evaluations of how injuries impact daily life. The goal of a claim is to secure compensation that reasonably addresses both immediate bills and long-term consequences of the injuries sustained in the crash.

PRO TIPS

Preserve Evidence Immediately

After a pedestrian crash, preserving evidence can greatly strengthen a claim. Take photos of the scene, vehicle damage, traffic signs, skid marks, and visible injuries as soon as it is safe to do so. Obtain contact information for witnesses, request a police report, and keep any clothing or personal items damaged in the incident for documentation purposes and to support your account of events.

Seek Prompt Medical Attention

Receiving timely medical care is important both for recovery and for documenting injuries that resulted from the accident. Even if injuries seem minor initially, a medical evaluation can uncover conditions that worsen later and provides a record linking treatment to the crash. Follow recommended medical plans, attend follow-up appointments, and save all medical bills and records to support your claim for compensation.

Limit Early Insurance Statements

Avoid giving recorded statements to insurers or accepting early settlement offers without fully understanding the long-term effects of your injuries. Insurance companies may try to resolve claims quickly for less than the case is worth before the full scope of medical needs is known. Instead, focus on obtaining medical care, documenting your losses, and discussing settlement options after you have a clearer picture of recovery and ongoing needs.

Comparing Legal Options After a Pedestrian Crash

Why Full Representation Helps:

Severe Injuries and Complex Needs

Full representation is often appropriate when injuries are severe, require ongoing treatment, or lead to long-term impairment that affects work and daily life. Complex medical needs tend to increase the value of a claim and require careful documentation to support future care and lost earning capacity. When multiple parties or insurance carriers are involved, coordinated advocacy can help ensure all potential sources of recovery are explored and claims are presented with the necessary supporting evidence.

Disputed Liability or Multiple Parties

When liability is contested or several parties may share responsibility, a comprehensive approach helps identify all possible defendants and pursue appropriate claims against each. Investigations into vehicle maintenance, driver history, traffic signal timing, and property conditions may be necessary to build a strong case. Handling communications with insurers, arranging expert testimony if needed, and preparing for possible court proceedings are all parts of thorough representation in these circumstances.

When Limited Help May Be Sufficient:

Minor Injuries and Clear Liability

A limited approach can be appropriate when medical treatment is brief, liability is straightforward, and damages are modest. In such cases, focused assistance with paperwork, demand preparation, and negotiation may resolve the matter without extensive litigation. Parties should still ensure documentation of medical care and lost wages to present a clear and persuasive settlement demand that reflects actual losses.

Low Complexity Claims

When the facts are simple and the responsible party or insurer acknowledges fault, a streamlined resolution process can save time and expense. Limited help might include a review of medical records, calculation of damages, and negotiation with the insurer to reach a fair settlement. Even in low complexity cases, careful attention to medical documentation and accurate damage valuation helps avoid accepting an inadequate offer.

Common Situations in Pedestrian Accidents

Crosswalk Collisions

Pedestrians struck while using a crosswalk often face significant injuries and complex liability issues involving driver visibility, signal timing, and compliance with traffic laws. Investigations typically focus on whether traffic signals, signage, or driver conduct contributed to the crash, with documentation from the scene and witness statements playing an important role.

Turning Vehicle Crashes

Collisions where a turning vehicle fails to yield to a pedestrian are common and may involve disputes over right of way, obstructed views, or distracted driving. Details such as vehicle path, witness accounts, and any nearby signage or road markings are important to establish how the incident occurred and who should be held responsible.

Distracted or Impaired Driving

Pedestrian injuries can result from drivers using phones, being distracted by passengers, or driving under the influence, which often increases the severity of crashes. Collecting evidence related to driver conduct, including police findings and any electronic data, helps clarify responsibility and supports claims for compensation.

Franklin Square Pedestrian Injury Attorney

Why Choose Ahearne Law Firm for Pedestrian Claims

Ahearne Law Firm PLLC handles pedestrian injury matters for clients across the Hudson Valley and New York, offering attentive communication and focused advocacy. The firm assists with gathering records, dealing with insurers, and preparing clear presentations of damages so clients can make informed decisions. Attorney Allan J. Ahearne, Jr. works with injured people to understand their needs, coordinate necessary documentation, and pursue appropriate compensation while keeping clients informed about the status of their case and options available.

Clients receive personalized attention to ensure medical records, wage documentation, and other evidence are organized and submitted promptly. The firm discusses realistic timelines, evaluates settlement offers, and prepares for court when a negotiated resolution is not possible. Throughout the process, the goal is to pursue recoveries that address medical expenses, lost income, and the broader impacts of injuries, while maintaining clear and timely communication about next steps and expectations.

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FAQS

What should I do immediately after a pedestrian accident in Franklin Square?

After a pedestrian crash, prioritize your health and safety by seeking medical attention immediately, even for injuries that seem minor at first. Prompt medical care helps document injuries and their connection to the accident, which supports any future claim. If possible, gather contact information for witnesses, take photographs of the scene and your injuries, and obtain a copy of the police report. These steps assist in preserving evidence. Reach out to a local law firm to discuss next steps and confirm you are meeting any obligations that affect claims or insurance reporting. Keep copies of medical records, bills, and any communication with insurers. Avoid giving recorded statements to insurance adjusters without first reviewing the situation with an attorney or trusted advisor. Insurance companies may request quick statements that can affect a claim’s value, so it is often better to coordinate responses through legal counsel while maintaining a careful record of treatment and expenses related to the incident.

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

In New York, the statute of limitations for most personal injury claims, including pedestrian accidents, is typically two years from the date of the accident. Missing this deadline can bar recovery, so it is important to act promptly to preserve legal rights. Certain situations, such as claims against a municipality or if the injured person is a minor, can involve different timelines or notice requirements, so prompt consultation is recommended to determine applicable deadlines and any special procedures. Even when the general two-year period applies, early investigation helps preserve evidence that may deteriorate over time. Gathering witness statements, vehicle information, and scene documentation soon after the crash strengthens a claim. Consulting with a lawyer early can help ensure necessary paperwork is filed and the claim proceeds without unnecessary delay, protecting your ability to seek appropriate compensation.

Can I still pursue a claim if I was partially at fault?

Yes. New York applies comparative fault rules, which means you can still pursue a claim even if you share some responsibility for the accident. Your total recovery will be reduced by the percentage of fault assigned to you. For example, if you were found 20 percent at fault, your award would be reduced by that percentage. Understanding how fault may be allocated is important when evaluating settlement offers and case strategy. It is important to present clear evidence that supports your version of events, including witness statements, photographs, and medical records. Legal counsel can help analyze the facts, identify weaknesses in the other side’s claims, and advocate for a fair allocation of fault. Careful case preparation often limits the impact of comparative fault and helps pursue the highest reasonable recovery.

What types of compensation can I pursue after a pedestrian crash?

Compensation after a pedestrian crash can include reimbursement for past and future medical expenses, payment for lost wages and reduced earning capacity, compensation for pain and suffering, and for other out-of-pocket costs related to the injury. In cases involving permanent impairment or long-term care needs, damages may reflect projected future medical costs and support required for daily living activities. Each claim is unique and values depend on the severity of injuries and the available evidence. Documentation is essential to support each category of damages. Medical records, bills, wage statements, and testimony about the impact of injuries on daily life help quantify losses. An organized presentation of these elements is often necessary to negotiate a fair settlement or to present a persuasive case at trial when a negotiated resolution is not achieved.

Will the insurance company pay for all my medical bills?

Insurance coverage varies by policy and by the facts of each case, and an insurer may dispute whether certain treatment is related to the crash. While medical bills should be covered when they are reasonably related to the accident and medically necessary, insurers sometimes challenge the treatment’s necessity or timing. Keeping detailed medical records, following prescribed treatment plans, and obtaining treating provider statements can help support claims for payment. If the at-fault driver’s policy limits do not fully cover your bills, other potential sources such as your own uninsured or underinsured motorist coverage may apply. Exploring all available coverages and documenting treatment thoroughly helps maximize the potential for medical bills and related expenses to be paid through a claim or settlement.

How is liability proven in a pedestrian accident case?

Proving liability typically involves showing that the responsible party breached a duty of care and that the breach caused your injuries. Evidence such as police reports, witness statements, traffic camera footage, photographs of the scene and vehicle damage, and medical records all play roles in establishing what happened. Physical evidence and witness testimony can be especially persuasive when they corroborate your account of events. Investigations may also examine vehicle speed, driver behavior, road conditions, and any maintenance or design issues that contributed to the crash. When liability is disputed, a detailed collection of evidence and careful reconstruction of events are often necessary. Legal assistance can help identify and preserve key materials needed to prove responsibility.

Do I need to see a doctor if I feel okay after the crash?

Yes. Even if you feel okay immediately after the crash, some injuries do not present symptoms right away or may worsen over time. A prompt medical evaluation documents your condition and provides a baseline for treatment. Early treatment records also link injuries to the crash, which is important for any subsequent claim for compensation, and help guide appropriate care to support recovery. Delaying medical attention can raise questions from insurers about whether injuries were caused by the accident. For both health and legal reasons, seeking timely medical assessment and following through with recommended care and appointments helps protect your recovery and supports a claim for damages related to the incident.

What costs are involved in hiring legal representation?

Many personal injury attorneys handle pedestrian claims on a contingency fee basis, which means legal fees are only charged if a recovery is obtained. Clients should discuss fee structures, what percentage applies, and any additional costs that might arise such as expert fees, court filing fees, or costs for obtaining records. Understanding these elements upfront helps clients make informed decisions about representation and manage expectations regarding potential out-of-pocket expenses. A clear fee agreement will outline how fees and costs are handled and what happens if there is no recovery. Discussing these details during an initial consultation ensures transparency. Clients should also ask about how settlement proceeds will be disbursed and the timeline for addressing liens or outstanding medical bills from settlement funds.

How long will my pedestrian injury case take to resolve?

The time to resolve a pedestrian injury case depends on the severity of injuries, the need for ongoing medical treatment, the complexity of liability issues, and whether the case can be resolved through negotiation or requires litigation. Some claims settle within months when liability is clear and medical treatment is complete, while others may take a year or more when injuries are serious or liability is disputed. Each case follows its own timeline based on those factors. Staying proactive about medical care and documentation can help move a claim forward. Regular communication with your legal representative about developments, medical updates, and settlement negotiations helps ensure progress. When litigation is necessary, court schedules and procedural steps will also influence the timeframe until resolution.

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

If the driver who hit you lacks insurance, other avenues may be available to pursue compensation, including your own uninsured motorist coverage if you have it. Uninsured motorist benefits can cover medical expenses and other losses when the at-fault driver carries no insurance. Reviewing your insurance policies and speaking with your carrier about potential coverage is an important early step. In some cases, additional parties such as vehicle owners, employers of the driver, or other responsible entities may have insurance or assets that can be pursued. Exploring all possible sources of recovery and coordinating claims across available coverages can help address financial needs following a crash involving an uninsured driver.

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