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Pedestrian Accident Attorney in Old Westbury

Compassionate Local Help

Guide to Pedestrian Accident Claims in Old Westbury

If you were struck while walking in Old Westbury, you may be facing medical bills, lost income, and physical recovery while also trying to sort out insurance and liability questions. Ahearne Law Firm PLLC, serving Hudson Valley and Nassau County, focuses on helping people injured in pedestrian accidents navigate those challenges. Attorney Allan J. Ahearne, Jr. and the firm assist clients by gathering evidence, communicating with insurers, and pursuing fair compensation. We understand local courts and common crash patterns and can explain your options so you make informed choices during recovery and claim resolution.

Pedestrian collisions often involve complex facts such as driver fault, roadway conditions, crosswalk rules, and witness accounts, all of which can affect the value of a claim. Early action to preserve evidence and document injuries increases the likelihood of a stronger outcome. The claims process can include an initial investigation, insurance negotiations, and, if necessary, litigation. Throughout this process the firm prioritizes clear communication so you understand timelines, potential outcomes, and the decisions that matter most while you focus on healing and returning to your daily life.

How Legal Representation Helps Pedestrian Injury Claims

When a pedestrian is injured, having someone handle investigation and negotiation can relieve the burden of dealing with insurance adjusters and evidence collection while you focus on recovery. Representation helps ensure that medical records, witness statements, and scene documentation are obtained and presented in a way insurers and courts can evaluate. It also helps identify all sources of compensation, such as the at-fault driver’s insurance, uninsured motorist coverage, or local government liability for dangerous road conditions. Proper handling of a claim can protect your rights and improve your chance of receiving compensation for medical costs, lost earnings, and pain related to the crash.

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

Ahearne Law Firm PLLC is a Hudson Valley practice serving Old Westbury and surrounding communities with focused attention on personal injury matters, including pedestrian accidents. Allan J. Ahearne, Jr. represents injured clients in negotiating with insurers and, when necessary, in court. The firm takes a client-centered approach that emphasizes clear communication, thorough investigation, and persistent advocacy. If you or a family member has been hurt while walking, the firm can review the facts of your situation, explain applicable legal options, and pursue recovery for losses while you concentrate on your health and household responsibilities.

Understanding Pedestrian Accident Claims

A pedestrian accident claim typically revolves around whether a driver or another party acted negligently and caused an avoidable collision. Key elements include proving duty of care, breach of that duty, causation, and damages. Evidence may include police reports, medical records, traffic camera footage, witness statements, and physical evidence from the scene. The identity of the at-fault party might be straightforward or require investigation when multiple vehicles, poor lighting, or unclear right-of-way rules are involved. The value of a claim will depend on the severity of injuries, the need for ongoing medical care, and demonstrable financial losses tied to the incident.

The claims process often begins with immediate medical treatment and documentation, followed by notice to insurance companies and a formal demand for compensation. Insurers will investigate and may offer a settlement that does not account for long-term recovery needs. If negotiations do not result in a fair resolution, the matter may proceed to litigation, where sworn testimony and court procedures determine outcome. Timely action is important to preserve evidence and meet procedural deadlines. A clear plan to document injuries, gather supporting materials, and pursue all available insurance avenues improves the chance to obtain meaningful financial recovery.

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Key Terms and Glossary for Pedestrian Claims

Negligence

Negligence means failing to act with the degree of care that a reasonable person would use under similar circumstances, and it is the basis for most pedestrian injury claims. In a pedestrian context, negligence can include distracted driving, speeding, failing to yield at crosswalks, or driving under the influence. To recover damages, a claimant must show that the driver’s or another party’s negligent act caused the injury and related losses. Demonstrating negligence typically relies on evidence like traffic citations, witness accounts, video footage, and expert opinions about standard road practices and driver behavior.

Comparative Negligence

Comparative negligence is a legal concept that allows an injured person to recover damages even if they bear some responsibility for the collision, but the amount is reduced by their percentage of fault. New York follows a pure comparative fault rule, so compensation is apportioned according to each party’s degree of responsibility. For example, if a pedestrian is found 20 percent at fault and total damages equal a sum, the recovery will be reduced by 20 percent. Accurate fact-finding and clear presentation of evidence are essential to minimize any assigned percentage of fault in a claim.

Liability

Liability refers to the legal responsibility one party has for harm caused to another, and establishing liability is central to securing compensation after a pedestrian accident. Liability may rest with a driver, a property owner, a municipality responsible for road conditions, or multiple parties in combination. Proving liability requires showing that a party owed a duty of care, breached that duty through action or omission, and caused measurable harm. Determining the correct liable parties often involves reviewing traffic laws, maintenance records, witness statements, and evidence from the collision scene.

Damages

Damages are the monetary compensation awarded to an injured person for losses sustained as a result of an accident, and they can include medical expenses, lost wages, loss of earning capacity, and non-economic harms like pain and suffering. Economic damages are quantifiable costs such as hospital bills and rehabilitation expenses, while non-economic damages account for the impact on quality of life. In serious cases, future medical needs and long-term care are considered when assessing damages. Proper documentation and reliable estimates help support claims for the full extent of recoverable losses.

PRO TIPS

Preserve Evidence Immediately

After a pedestrian accident, take immediate steps to preserve evidence that supports your claim, including photos of the scene, vehicle damage, injuries, and road conditions. Obtain contact information for witnesses and keep copies of any police reports or medical records generated at the time of treatment. Promptly collecting and safeguarding these materials strengthens your position with insurers and, if necessary, in court by creating a clear factual record of the incident and its consequences.

Seek Prompt Medical Care

Obtaining medical evaluation and treatment immediately after a collision serves both your health and your claim by documenting injuries and establishing a timeline between the incident and medical care. Follow recommended treatment plans and keep detailed records of appointments, diagnoses, imaging, and prescribed therapies to support your recovery documentation. Timely and consistent medical care also helps insurers and courts understand the nature and extent of injuries when assessing compensation for present and future care needs.

Document Damages and Losses

Keep thorough records of all accident-related expenses and impacts, including medical bills, receipts for medications or therapy, proof of lost income, and notes about how injuries affect daily activities. Maintain a journal describing pain levels, mobility challenges, and any limitations at work or home to provide a fuller picture of non-economic losses. Organized documentation makes it easier to present a complete claim to insurers or a court and supports maximized recovery for economic and non-economic harms.

Comparing Legal Options After a Pedestrian Accident

When Full Representation Is Beneficial:

Complex Injuries and Long-Term Needs

Full representation is often appropriate when injuries are severe, require ongoing care, or create long-term limitations that affect earning power and lifestyle. These cases require detailed medical documentation, testimony about future care needs, and careful valuation of non-economic losses to ensure recovery reflects both present costs and anticipated future expenses. Thorough investigation and a coordinated approach to evidence, experts, and negotiation increase the likelihood that settlement discussions take long-term needs into account rather than focusing only on immediate bills.

Multiple Liable Parties or Disputed Facts

When more than one party may share responsibility or when fault is contested, full representation helps coordinate discovery, witness interviews, and legal motions to establish liability. These situations can involve complex factual and legal issues, such as municipal responsibility for road maintenance or claims against commercial carriers, which require careful legal strategy. A coordinated approach helps ensure all potential sources of recovery are pursued and that defenses are met with appropriate evidence and legal argument.

When a Limited Approach May Be Appropriate:

Minor Injuries and Quick Resolution

A limited approach may make sense when injuries are minor, medical treatment is straightforward, and liability is clear, allowing for a relatively quick settlement with minimal dispute. In such cases, focused negotiation with the insurer and careful documentation of bills and lost wages can resolve the claim without extended litigation. However, even seemingly minor injuries can reveal complications later, so maintaining full records and considering consultation before accepting an early offer is important.

Clear Liability and Cooperative Insurers

When fault is plainly established and the insurer is responsive, a streamlined negotiation may produce a fair resolution without a prolonged legal process. Efficient handling involves presenting complete medical and economic documentation to support the demand and ensuring timely follow-up to prevent unnecessary delays. Even in straightforward matters, confirm that any settlement covers potential ongoing or future medical needs related to the accident before accepting an offer that resolves all claims.

Common Pedestrian Accident Scenarios

Crosswalk Collisions

Pedestrians struck while using marked or unmarked crosswalks frequently face serious injuries when drivers fail to yield, run red lights, or make unsafe turns; these incidents can involve complex questions about right of way and signaling. Prompt evidence gathering, such as photos of traffic signals, witness accounts, and any video footage, is essential to establish the conditions at the time of the collision and to support claims for compensation.

Sidewalk and Driveway Incidents

Collisions that occur near sidewalks, driveways, or parking lots may involve drivers backing up, turning without adequate observation, or failing to yield to people on foot, and property owners or drivers may share responsibility depending on circumstances. Documentation of the scene, including signage, sightlines, and maintenance conditions, can help determine liability and the appropriate parties to include in a claim for damages and recovery of expenses.

Hit-and-Run Incidents

Hit-and-run collisions create added challenges in identifying the at-fault driver but claims can still proceed using witness descriptions, surveillance footage, and vehicle damage evidence to locate responsible parties or to support uninsured motorist claims. Immediate reporting to police, collection of any available descriptive details, and swift outreach to nearby businesses for camera footage improve the chances of identifying the other vehicle and preserving evidence for a claim.

Pedestrian Accident Attorney Serving Old Westbury and Nassau County

Why Choose Ahearne Law Firm for Pedestrian Injury Claims

Ahearne Law Firm focuses on providing personalized attention to people harmed in pedestrian accidents in Old Westbury and surrounding communities. The firm emphasizes clear communication, thorough fact-finding, and steady advocacy when dealing with insurers, healthcare providers, and opposing parties. Allan J. Ahearne, Jr. and the team work to assemble the documents and testimony needed to present a coherent claim that reflects the full scope of medical and economic impacts. Clients receive guidance about likely timelines and potential outcomes so they can make informed decisions during recovery.

The firm handles the procedural and administrative burdens that often accompany pedestrian claims, such as securing medical records, obtaining scene evidence, and negotiating with claims adjusters, while keeping clients informed at every stage. Ahearne Law Firm addresses questions about responsibility, comparative fault, and appropriate compensation and assists in choosing a path forward that aligns with the client’s recovery and financial needs. Prospective clients can contact the office to discuss their situation and next steps, including how to meet important deadlines and preserve evidence.

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FAQS

What should I do immediately after a pedestrian accident in Old Westbury?

Immediately after a pedestrian accident, prioritize your health by seeking medical attention even if you feel able to walk; some injuries are not immediately apparent and medical documentation is essential for both recovery and any claim. Report the incident to police so there is an official record, exchange contact and insurance details if the driver remains on scene, and obtain contact information for witnesses. If possible, take photos of the scene, vehicle damage, and visible injuries to preserve evidence before it is altered. If you can, keep a detailed record of all medical visits, treatments, and related expenses, and retain copies of police reports and any communication with insurers. Early steps to preserve evidence, document losses, and notify relevant parties help protect your rights and support a stronger claim. Reach out to a local attorney early to discuss your options and ensure important deadlines and evidentiary needs are addressed promptly.

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 injury, which means you must file a lawsuit within that time frame to preserve the right to civil recovery. There are limited exceptions that can extend or shorten this period depending on the type of defendant or specific circumstances, such as claims against a municipality that may require advance notice within a different time frame. Because procedural rules and exceptions can affect how and when claims must be filed, it is important to act promptly to gather evidence and evaluate legal options. Consulting with legal counsel soon after the accident ensures you understand applicable deadlines and any steps needed to avoid losing the right to pursue compensation.

What types of compensation are available after a pedestrian crash?

Compensation in pedestrian injury claims commonly includes economic damages such as past and future medical expenses, rehabilitation costs, lost wages, and diminished earning capacity when long-term effects exist. Non-economic damages may compensate for pain, suffering, emotional distress, and loss of enjoyment of life caused by the accident and resulting injuries. In certain situations, punitive damages may be considered when conduct was especially reckless, though these are less common. Accurate valuation of a claim requires documentation of medical treatment, receipts, wage records, and evidence of how injuries affect daily life. Establishing the extent of future care needs and lost earning capacity often involves medical and vocational analysis to support a comprehensive demand for compensation that reflects both present and anticipated impacts.

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

Yes. Under New York’s pure comparative negligence rule, an injured person can recover damages even if they share some responsibility for the accident, but the recovery is reduced by their percentage of fault. For example, if a pedestrian is assigned a portion of responsibility, the total damages awarded will be decreased proportionally. This rule allows recovery in many cases where the injured person bears limited or partial fault. Because comparative fault can significantly affect recovery, it is important to present clear evidence showing the other party’s greater responsibility and to challenge claims that overstate the pedestrian’s role. Detailed witness accounts, scene photos, and professional analysis can help minimize an assigned percentage of fault and protect the value of the claim.

How do insurance companies value pedestrian injury claims?

Insurance companies typically evaluate pedestrian injury claims by reviewing medical records, the cost of treatment, lost earnings, and documentation of non-economic impacts such as pain and diminished quality of life. Adjusters also consider the clarity of liability and any comparative fault the insured may assert. Insurers may analyze prior medical history and other factors to assess whether injuries are related to the collision and to estimate future care needs. Because insurers often seek to limit payouts, thorough documentation and clear presentation of evidence are essential to achieving fair value. Providing complete medical records, expert opinions when needed, and precise calculations of economic losses increases the likelihood that a claim will be valued appropriately rather than undervalued in early settlement offers.

What evidence is most important in a pedestrian accident case?

Important evidence includes medical records and bills that document the nature and extent of injuries and the treatment provided, as well as police reports that summarize the incident and any citations issued. Photographs of the scene, vehicle damage, traffic signals or signage, and visible injuries help establish conditions at the time of the collision. Witness statements and contact information can corroborate a pedestrian’s account and provide independent observations about how the accident occurred. Additional useful materials include surveillance or dash camera footage, expert accident reconstruction analysis when fault is disputed, and employer records showing lost wages. Preserving these materials early and organizing them clearly supports the development of a strong claim and improves the ability to negotiate effectively with insurers.

What steps should I take after a hit-and-run pedestrian accident?

After a hit-and-run, immediately call police and report as many identifying details as possible, including vehicle description, direction of travel, partial license plate information, and any distinguishing characteristics. Seek medical care without delay, and document injuries and treatment. Notify your insurer promptly and ask whether you have uninsured motorist coverage or other applicable protection that can cover injuries when the other driver is unknown or uninsured. Check for nearby business or traffic cameras and ask witnesses for contact information to help identify the fleeing vehicle. Quick action to gather descriptive details and potential footage increases the chance of locating the responsible driver and also provides the documentation insurers require to evaluate uninsured motorist claims or to pursue recovery if the other driver is later identified.

Is medical treatment necessary if I feel okay after the accident?

Even if you do not feel immediate pain after a pedestrian collision, obtaining a medical evaluation is important because symptoms from injuries such as concussions, internal injuries, or soft tissue damage can appear or worsen later. Timely medical documentation creates a link between the crash and your injuries, which is important for both effective treatment and for any subsequent claim for compensation. Follow-up care and consistent records help ensure the full scope of harm is considered. Delaying treatment can weaken a future claim because insurers may argue that injuries were not caused by the accident or that delays indicate lesser severity. Prompt, documented medical attention protects both your health and your ability to seek fair compensation for any resulting losses and ongoing medical needs.

How are legal fees and costs handled in pedestrian injury cases?

Fees and costs in pedestrian injury matters are often handled on a contingency basis, where payment for attorney services comes from a portion of any recovery rather than upfront fees, allowing injured people to pursue claims without immediate legal bills. There may be additional case-related expenses such as fees for obtaining medical records, expert reports, court filing fees, and other out-of-pocket costs that are advanced during the case and typically reimbursed from the settlement or judgment. Clear communication about fee structures and anticipated costs at the outset helps clients understand financial arrangements and manage expectations. A detailed retainer or fee agreement should explain how fees are calculated, what expenses may be advanced, and whether there are any circumstances in which clients might owe fees even if a recovery is not obtained.

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

The time to resolve a pedestrian accident claim varies based on medical recovery, the complexity of liability issues, and the willingness of insurers to negotiate in good faith. Some claims resolve within a few months when injuries are minor and fault is clear, while more serious cases that involve long-term care needs, contested liability, or multiple defendants can take a year or more and sometimes require litigation for full resolution. The process depends heavily on the time needed to determine the full extent of medical and economic losses. Ongoing communication with medical providers, insurers, and counsel helps move a case forward efficiently while protecting the client’s recovery interests. Early steps to collect evidence, secure comprehensive medical documentation, and identify all responsible parties are key to avoiding unnecessary delays and to reaching a timely and appropriate settlement when possible.

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