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Pedestrian Accidents — Great Neck Personal Injury Lawyer

Protecting Pedestrian Rights

Guide to Pedestrian Accident Claims in Great Neck

If you were struck while walking in Great Neck, you may be facing physical recovery, mounting bills, and the stress of dealing with insurance companies. The Ahearne Law Firm PLLC represents people injured in pedestrian accidents throughout Nassau County and across New York. Allan J. Ahearne, Jr. works to identify responsible parties, gather evidence, and pursue compensation for medical care, lost earnings, and other losses. We understand how a collision can change daily life and focus on clear communication and steady advocacy to help clients move forward. Call (845) 986-2777 to discuss your situation and learn what options may be available.

After a pedestrian crash, early steps can make a significant difference to any claim. Important tasks include obtaining prompt medical care, documenting injuries and the scene, preserving clothing or devices involved, and collecting witness information if possible. Handling communications with insurance adjusters without full information can jeopardize recovery, so many people find it helpful to get legal guidance before making recorded statements or signing releases. We explain how the claims process works, potential timelines, and realistic outcomes, while helping to reduce the burden on injured people and their families throughout each stage of the case.

Why Legal Guidance Matters After a Pedestrian Crash

Legal guidance can help ensure that a pedestrian injury claim is handled efficiently and that evidence is preserved so a client’s claim reflects the full scope of losses. Attorneys can coordinate the collection of police reports, medical records, and surveillance footage, and can come forward with identified witnesses and expert assessments where needed. A careful review of insurance policies and potential responsible parties, including motorists, municipalities, or property owners, can open avenues for recovery that might otherwise be missed. Having someone manage communications with insurers and medical providers reduces stress for injured people and helps protect legal rights during a difficult period.

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

Ahearne Law Firm PLLC serves clients across Hudson Valley and New York with a focus on personal injury matters, including pedestrian accidents in Great Neck and surrounding communities. Allan J. Ahearne, Jr. handles claims with careful attention to each client’s medical needs, financial pressures, and recovery goals. The firm emphasizes practical strategies, clear communication, and preparing cases so that insurance carriers take injured clients seriously. We work to build a thorough case file, explain legal options, and pursue fair compensation while keeping clients informed about next steps and likely timelines for resolution.

Understanding Pedestrian Accident Claims

A pedestrian injury claim typically rests on proving that another party owed a duty of care to the pedestrian and breached that duty, causing injury and resulting in damages. In practical terms, this may involve showing that a driver failed to stop, obey traffic signs, or yield at a crosswalk, or that poor lighting or roadway defects contributed to a crash. Establishing causation requires linking the collision to the physical injuries and related losses such as medical bills, lost wages, and pain and suffering. Preserving physical evidence and timely documentation play a central role in demonstrating what happened and who is responsible.

The claims process often begins with investigation and demand to an insurance carrier and may include settlement negotiations or filing a lawsuit if an agreement cannot be reached. Gathering medical records, accident reports, witness statements, and any available video or photos is essential early on. Many cases resolve before trial, but preparing for litigation improves negotiating leverage and ensures deadlines are met. Time limits apply to filing lawsuits in New York, so prompt attention to both medical care and documentation helps preserve legal options and strengthens any eventual claim for compensation.

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Key Terms and Glossary

Negligence

Negligence in a pedestrian crash context means that a person or entity failed to use reasonable care, and that failure caused injury. For example, a motorist who ran a red light, failed to yield at a crosswalk, or was distracted while driving may be negligent. Proving negligence generally requires showing that the defendant owed a duty to act carefully, breached that duty through action or inaction, and that breach directly led to the pedestrian’s injuries and damages. Establishing these elements depends on evidence such as eyewitness accounts, traffic camera footage, police reports, and medical documentation tying the crash to the injuries claimed.

Comparative Negligence

Comparative negligence is a legal concept that can reduce a pedestrian’s recovery when the injured person is found partially at fault. In New York, a pedestrian’s award can be reduced by the percentage of fault attributed to them, so a careful analysis of fault allocation is important. Even if a pedestrian bears some responsibility, it may still be possible to recover a portion of damages after adjustment. Addressing comparative negligence often involves highlighting factors that show the driver or other party had the greatest responsibility, such as violating traffic laws, failing to keep a proper lookout, or driving under conditions that made safe operation impossible.

Statute of Limitations

The statute of limitations sets the time frame within which a personal injury lawsuit must be filed. For most personal injury claims in New York, including pedestrian accidents, the standard period to start a lawsuit is three years from the date of the injury. Waiting too long can eliminate the option of bringing a civil case, so timely action is important to protect legal rights. There are limited exceptions that can extend or shorten the filing period in specific situations, and determining whether an exception applies requires careful review of the facts and relevant law early in the process.

Settlement

A settlement is an agreement between the injured person and the responsible party or their insurer to resolve a claim without going to trial. Settlements typically involve a payment to cover medical expenses, lost income, and other losses in exchange for a release of further claims. Reaching a fair settlement requires understanding the full scope of current and future needs, including ongoing treatment and long-term care if applicable. Settlements offer the benefit of resolving a case more quickly and with greater predictability than trial, but each proposed agreement should be reviewed carefully to ensure it adequately addresses all anticipated costs and consequences.

PRO TIPS

Document the Scene Immediately

Taking photos of the scene, vehicle positions, visible injuries, street signs, and any skid marks can preserve evidence that often disappears quickly. If possible, note weather, lighting, and road conditions and collect contact information for witnesses who saw the collision or its aftermath so their accounts can be preserved. Prompt documentation helps create a clearer record of what happened and supports medical records and other evidence when presenting a claim to an insurer or in court.

Seek Prompt Medical Attention

Obtaining timely medical care not only addresses health needs but also creates a documented link between the collision and injuries, which is essential for a claim. Follow-up treatment, imaging, and rehabilitation appointments should be scheduled and attended so records accurately reflect the diagnosis and course of recovery. Even if injuries seem minor at first, some conditions can worsen over days or weeks, so careful monitoring by a medical professional is important to protect both health and legal claims.

Preserve Evidence and Witness Info

Keep clothing, shoes, phones, or other items involved in the collision that may show damage or contact points, and store them safely for possible inspection. Note the names and contact details of any witnesses and, if possible, obtain written statements or recorded recollections of what they observed. Early preservation of evidence and witness information helps reconstruct events accurately and supports your account when dealing with insurers or preparing a claim.

Comparing Legal Options After a Pedestrian Accident

When Full Representation Is Advisable:

Serious or Catastrophic Injuries

When injuries are severe, involving long hospital stays, surgeries, or long-term care, the financial and medical consequences can be significant and ongoing. Full representation provides focused attention on documenting future care needs, calculating long-term economic and non-economic losses, and engaging medical and vocational professionals to support those projections. A comprehensive approach aims to address both current bills and anticipated future costs to help ensure that any recovery reflects the full scope of the person’s needs and losses.

Disputed Liability or Complex Evidence

If fault is contested or the collision involves complicated evidence such as multiple vehicles, unclear right-of-way, or conflicting witness accounts, more thorough investigation and preparation are often necessary. Full representation can arrange for accident reconstruction, expert medical opinions, and a persistent effort to obtain relevant records or footage. In these situations, careful legal work helps clarify responsibility and preserve arguments that strengthen a client’s position in negotiations or at trial if needed.

When Limited Help May Be Enough:

Minor Injuries and Clear Liability

When injuries are minor, treatment is brief, and liability is clearly established by an admission or obvious violation of traffic laws, a more limited engagement focused on documenting costs and negotiating with the insurer may be appropriate. In these cases, the primary goal is to cover medical expenses and any short-term lost earnings without protracted litigation. A targeted approach may resolve a claim more quickly while still ensuring that the injured person receives fair compensation for verifiable losses.

Quick, Low-Value Claims

For relatively small claims where damages are straightforward and easily substantiated, a limited representation that focuses on efficient negotiation can be cost-effective. This approach concentrates on gathering the necessary medical records and billing statements and presenting them to the insurer for a prompt resolution. It can be appropriate when future medical needs are unlikely and the desired outcome is a prompt settlement to put the incident behind the injured person.

Common Situations That Lead to Pedestrian Claims

Crosswalk and Intersection Collisions

Collisions at crosswalks and intersections often involve drivers failing to yield, running signals, or misjudging pedestrian movement, leading to significant injuries even at low speeds. These incidents commonly generate police reports, witness accounts, and sometimes video footage, all of which can be important in documenting liability and damages in a claim.

Hit-While-Standing or Walking on Sidewalk

Strikes that occur on sidewalks, driveways, or while standing at curbside can result from drivers losing control, backing without adequate caution, or vehicles encroaching on pedestrian spaces. These circumstances can present clear evidence of a driver’s failure to keep a proper lookout or to exercise reasonable care around areas where pedestrians are expected to be present.

Nighttime or Low-Visibility Crashes

Accidents that happen in poor lighting, bad weather, or when pedestrians are hard to see often raise questions about lighting, road conditions, and driver attention. In such situations, records about roadway design, lighting maintenance, and weather conditions can be important in assessing responsibility and building a claim.

Great Neck Pedestrian Accident Attorney

Why Choose Ahearne Law Firm for Pedestrian Claims

We represent people injured in pedestrian accidents across Great Neck and Nassau County with an emphasis on attentive client service and practical results. Our approach includes a thorough investigation of the collision, coordination of medical documentation, and direct handling of insurer communications so injured people can focus on recovery. We evaluate all potential sources of recovery, including multiple insurer policies when applicable, and work to present a clear, well-documented claim that reflects both present and foreseeable future losses. Contacting us early helps preserve evidence and deadlines that affect any potential claim.

Clients turn to Ahearne Law Firm for attentive representation, consistent communication, and persistent advocacy when dealing with insurers or opposing parties. Allan J. Ahearne, Jr. focuses on understanding each client’s needs and tailoring the approach accordingly, whether through settlement negotiation or preparation for litigation. We explain likely timelines, potential outcomes, and the costs involved before moving forward, and we remain available to answer questions throughout the process. To discuss your case, call (845) 986-2777 and we will review your options and next steps.

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FAQS

What should I do immediately after being hit as a pedestrian?

After being struck as a pedestrian, your immediate priorities are safety and medical care. Seek medical attention right away even if injuries seem minor; some conditions can worsen over time and early documentation supports any future claim. If you can do so safely, obtain or photograph the scene, note vehicle descriptions and license plates, and collect witness contact information. Report the crash to local authorities so there is an official record, and retain any related medical records, bills, photos, and correspondence for your files. Once immediate needs are addressed, avoid providing recorded statements to insurers without getting legal advice, and preserve clothing or devices involved in the collision. Keep a detailed account of your symptoms, treatments, and how the injury affects daily life and work, as this information helps calculate damages. Contacting a lawyer for a case review can clarify deadlines, options, and potential next steps while you focus on recovery.

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

The standard statute of limitations for most personal injury claims in New York is three years from the date of injury, which applies to many pedestrian accident cases. Filing a lawsuit after this period typically bars the claim, so timely action is important to preserve legal remedies. There are limited exceptions that may alter the deadline, such as claims against certain government entities, which often require a shorter notice period or pre-suit compliance, so it is important to review the specific facts promptly. Because different rules can apply depending on the defendant and the circumstances, early consultation helps identify any special deadlines or requirements that could affect your ability to pursue a claim. Gathering medical records, police reports, and other evidence early also supports a stronger case and helps ensure that all procedural steps are completed within the required time frame.

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

Compensation in a pedestrian collision can include payment for medical expenses, both past and anticipated future treatment, and reimbursement for lost wages and diminished earning capacity when injuries affect the ability to work. Non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life may also be recoverable depending on the severity and permanency of injuries. In some cases, property damage or costs related to household assistance and rehabilitation services can be included in a claim. Calculating fair compensation requires careful documentation of medical diagnoses, treatment plans, and economic losses, as well as consideration of the likely long-term impact of injuries. If liability is shared or other complicating factors exist, the net recovery may be adjusted accordingly, which is why a detailed presentation of both medical and financial consequences is an important part of seeking full compensation.

What if the driver claims I was partially at fault?

If the driver alleges you were partially at fault, New York’s comparative negligence rules allow for recovery reduced by your percentage of fault. This means that even if you bear some responsibility, you may still recover a portion of damages after the court or parties determine the allocation of fault. Evidence that supports lower fault for the pedestrian or higher fault for the driver, such as traffic violations, failure to yield, or impaired driving, can help reduce the pedestrian’s assigned percentage and improve overall recovery. Addressing allegations of shared fault often involves collecting eyewitness accounts, traffic camera footage, and expert analysis where necessary to clarify the circumstances of the crash. Presenting a well-documented account of the event, including police reports and medical records, helps counter claims of pedestrian fault and supports a more favorable apportionment of responsibility.

Will the insurance company handle my medical bills?

Insurance companies may pay medical bills through a settlement or by applying personal injury protection or other coverages depending on the applicable policies and the facts of the case. However, insurers typically want to limit payments, and medical providers may seek reimbursement for treatment from any recovery obtained. Keeping detailed records of all medical care, billing statements, and recommendations for future treatment helps ensure that medical costs are accounted for in settlement negotiations or court proceedings. It is important to coordinate insurance benefits and medical liens so that payments are properly allocated and liens are addressed without jeopardizing the injured person’s net recovery. Legal assistance can help manage communications with insurers and providers, review potential liens or subrogation claims, and ensure that settlements take into account both current expenses and likely future medical needs.

What if the driver who hit me fled the scene?

If the driver fled the scene, report the hit-and-run to local police as soon as possible and provide any available descriptions, photos, or witness information. Police investigations can sometimes identify the vehicle or driver through surveillance footage, vehicle parts left at the scene, or witness reports, and an official report is essential for any future claim. If the responsible vehicle cannot be located, uninsured motorist coverage available through your own policy may provide a potential route for compensation. Review your insurance policies to determine whether uninsured motorist coverage applies and notify your carrier promptly according to policy requirements. An attorney can assist in pursuing the available insurance options and in coordinating with law enforcement to follow investigative leads that may identify the responsible party and support a claim for damages.

How do you prove liability in a pedestrian accident?

Proving liability in a pedestrian accident involves documenting the events leading up to the collision and showing how the defendant’s conduct breached a duty to exercise reasonable care. Important evidence includes the police report, witness statements, traffic camera or surveillance footage, photographs of the scene and vehicles, and any visible damage to clothing or personal items. Medical records that link injuries to the collision are also essential to establish causation between the incident and the harms claimed. In more complex matters, additional steps such as accident reconstruction or expert testimony may be used to explain vehicle speed, sightlines, or mechanical conditions. A coordinated effort to gather and preserve evidence early on makes it easier to present a clear account of fault and to refute competing versions of how the collision occurred.

Can I still recover if my injuries appeared minor at first?

Yes. Injuries that seem minor initially can develop into more serious conditions over days or weeks, and timely medical records that document the progression of symptoms are crucial to any claim. Seeking medical attention early creates a clinical record linking the collision to the injury, and follow-up visits and diagnostic tests help establish the need for ongoing care. Without such documentation, it can be difficult to prove that later-developing conditions were caused by the accident rather than intervening events. If symptoms arise after the first medical visit, return to a healthcare provider and describe the changes in detail so that treatment and records reflect the evolution of the condition. Keeping a contemporaneous pain and symptom diary, along with preserving any treatment plans or prescriptions, strengthens the ability to show how the injury affected daily life and supports a more accurate assessment of damages.

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

The timeline to resolve a pedestrian injury claim varies substantially depending on factors such as the severity of injuries, complexity of liability, the need for expert analysis, and whether negotiations lead to a settlement or the case proceeds to litigation. Some straightforward cases with clear fault and limited injuries can resolve in a few months, while more complex matters involving significant medical recovery or disputed liability can take a year or longer, especially if a lawsuit is required. Preparing for litigation often extends the timeline but can be necessary to achieve a fair result. During the process, timely medical care and a well-documented claim can accelerate negotiation while thorough preparation improves the prospects of a reasonable resolution. Regular communication about progress, realistic expectations, and potential milestones helps injured people understand likely timelines and make informed decisions as a case develops.

What should I bring to my first consultation about a pedestrian accident?

For an initial consultation about a pedestrian accident, bring any available information such as the police report number, photographs of the scene and injuries, contact information for witnesses, and details of medical treatment and bills received so far. If you have insurance information, correspondence from insurers, and records of lost wages or other expenses, those documents help provide a clear picture of the claim. A concise timeline of the events and a list of questions you want addressed will help make the initial meeting productive. If original documents are not available, notes summarizing what you recall and names of treating providers are still useful and can be supplemented by obtaining records later. The first discussion is an opportunity to review deadlines, potential legal options, and whether further investigation is warranted, and it will outline the next steps to protect your rights while you recover.

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