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Pedestrian Accident Lawyer Serving Long Island City, Queens County

Local Injury Advocacy

Protecting Your Rights After a Pedestrian Crash

If you were injured as a pedestrian in Long Island City, you face physical, financial, and emotional challenges that require clear legal guidance and focused representation. At Ahearne Law Firm PLLC, Allan J. Ahearne, Jr. works with clients across Queens County and the Hudson Valley to review the facts of each collision, preserve relevant evidence such as photos and eyewitness statements, and advise on interacting with insurance companies. Acting promptly helps protect your ability to recover compensation for medical care, lost earnings, and other losses. Call (845) 986-2777 to discuss your situation and learn the options available under New York law.

Pedestrian collisions can result from many causes including distracted driving, failure to yield, motorists running red lights, or unsafe roadway conditions, and each claim requires careful attention to detail and deadlines under New York law. We assess police reports, medical records, and traffic evidence to build a clear picture of liability and damages, and we guide clients through medical treatment and insurance negotiations while protecting their rights. For residents of Long Island City and surrounding areas, having a firm familiar with local courts and procedures can make the claims process more efficient and responsive to your needs. Contact Ahearne Law Firm at (845) 986-2777 for an initial discussion.

Why Skilled Representation Matters

When a pedestrian is injured, effective legal representation helps maximize the chance of a fair recovery by gathering necessary documentation, coordinating medical evaluations, and negotiating with insurance carriers who often undervalue claims. A lawyer familiar with pedestrian accidents can explain how fault is determined, how comparative negligence may affect recovery in New York, and what types of damages can be pursued, including past and future medical expenses, lost income, and non-economic losses such as pain and diminished quality of life. Timely action preserves evidence and witnesses, and professional guidance can reduce stress while ensuring all recovery options are considered.

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

Ahearne Law Firm PLLC serves clients in Long Island City, Queens County, and the surrounding Hudson Valley region, focusing on personal injury matters including pedestrian accidents. Attorney Allan J. Ahearne, Jr. guides clients through each stage of a claim from initial investigation to settlement negotiations or litigation when needed, and the firm prioritizes clear communication, timely updates, and practical solutions tailored to each person’s circumstances. Because many cases hinge on prompt evidence collection and medical documentation, the firm moves quickly to safeguard clients’ interests while keeping the process as straightforward and manageable as possible for those recovering from injury.

Understanding Pedestrian Accident Claims

Pedestrian accident claims are grounded in the legal theory that drivers owe a duty of care to people on foot, and a successful claim typically requires showing that a driver breached that duty and that the breach caused the pedestrian’s injuries. In New York, comparative fault rules allow recovery even if the injured person bears some responsibility, though recovery is reduced in proportion to that share of fault. The statute of limitations for personal injury claims in New York is generally three years from the date of the accident, so acting promptly to preserve evidence, obtain medical attention, and begin the claims process is essential to protect your right to compensation.

Common elements of a pedestrian claim include police and medical records, witness statements, surveillance or traffic camera footage, and documentation of property or roadway conditions that may have contributed to the incident. Careful review of these materials helps establish who is responsible and the extent of damages, including ongoing medical needs and lost earning capacity. Speaking with an attorney early helps ensure insurers do not rush you into an unfavorable settlement and allows time to coordinate with treating providers to document the nature and prognosis of your injuries thoroughly.

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Key Terms and Glossary

Negligence

Negligence refers to the failure to exercise reasonable care under the circumstances and is the legal foundation for most pedestrian injury claims. In practice, this means proving that the driver had a duty to operate the vehicle safely, that the driver breached that duty through actions such as distracted driving, speeding, or failing to observe traffic signals, and that the breach directly caused the pedestrian’s injuries. Establishing negligence relies on evidence like accident reports, witness testimony, and video, and successful claims also show the nature and extent of the injuries and losses incurred as a result of that negligent conduct.

Comparative Fault

Comparative fault is a legal principle in New York that allows a person who was partly at fault for an accident to still recover damages, but the recovery is reduced by their percentage of fault. For example, if a pedestrian is found 20 percent responsible for an incident and the total damages are determined to be a certain amount, the award would be reduced accordingly. Understanding comparative fault is important because it affects settlement strategy and the calculation of recoverable losses, so careful investigation and evidence gathering are necessary to minimize any portion of fault attributed to the injured person.

Liability

Liability describes who is legally responsible for the harm caused in a pedestrian accident and can extend beyond the driver to include employers, vehicle owners, or property owners whose negligence contributed to hazardous conditions. Determining liability involves analyzing the conduct of involved parties, any traffic law violations, maintenance records, and whether a commercial driver or entity was acting within the scope of employment. Identifying all potentially responsible parties is essential to pursuing complete compensation for medical bills, lost wages, and other losses sustained by the injured pedestrian.

Damages

Damages refer to the financial and non-financial losses that a pedestrian can seek to recover after an accident, including past and future medical expenses, lost income, reduced earning capacity, and compensation for pain, suffering, and loss of enjoyment of life. Economic damages are quantifiable costs like hospital bills and receipts, while non-economic damages address subjective harms that still have significant impact on daily life. In more severe cases, recovery may also include projected future care needs or loss of consortium claims, and accurate, documented medical and vocational evidence supports fair valuation of these losses.

PRO TIPS

Preserve Evidence Immediately

After a pedestrian collision, promptly collect and preserve all available evidence by taking photographs of injuries, vehicle damage, and the scene, obtaining contact information from witnesses, and securing the police report number and officer details. If possible, make notes about the time, weather, and visible traffic signals or obstructions, and keep all medical records and bills related to treatment as they will be essential for proving damages. Early evidence preservation reduces the risk of losing important information and helps create a clear, chronological record that supports recovery efforts.

Seek Medical Attention

Even if injuries seem minor at first, seek prompt medical evaluation to document your condition and receive appropriate care, because some injuries appear later and early records provide important proof of causation. Follow the treatment plan and keep detailed records of appointments, diagnostics, and prescribed therapies, which will be necessary to support claims for past and future medical costs. Timely medical care not only protects your health but also strengthens any claim by establishing a clear link between the accident and the injuries you sustained.

Avoid Early Insurance Statements

Insurance adjusters may contact you soon after an accident seeking a recorded statement or a quick resolution, and it is important to be cautious and consult with counsel before agreeing to detailed comments or signing releases. Provide basic contact and medical status information but avoid accepting recorded interviews or initial settlement offers without fully understanding long-term consequences and future care needs. A measured approach helps preserve your ability to negotiate appropriate compensation for both immediate and ongoing losses.

Comparing Legal Approaches for Pedestrian Claims

When a Comprehensive Approach Benefits You:

Serious Injuries and Long-Term Care

When injuries are severe or involve ongoing medical treatment, a comprehensive legal approach helps ensure all present and future needs are accounted for in the claim, including rehabilitation, durable medical equipment, and potential modifications to home or work environments. Complex medical documentation and expert testimony are often needed to prove the extent and projected costs of long-term care, and careful planning helps establish a realistic valuation of future losses. Taking a thorough approach early preserves options for pursuing full compensation while reducing the risk of underestimating the financial impact of significant injuries.

Complex Liability Situations

Situations involving multiple vehicles, unclear right-of-way issues, or potential third-party liability such as negligent property maintenance require thorough investigation to identify all responsible parties and insurance coverage sources. A full-service approach coordinates scene reconstruction, witness interviews, and records requests, which may reveal additional avenues for recovery that are not immediately obvious. Addressing complex liability comprehensively helps avoid overlooking claims against employers, municipalities, or other entities that could meaningfully affect the overall recovery.

When a Limited Approach May Be Enough:

Minor Injuries and Clear Liability

When injuries are minor, liability is undisputed, and medical treatment is short-term, a limited approach may suffice to resolve a claim efficiently without protracted investigation or litigation. In such cases the focus is on documenting immediate medical expenses and lost wages, negotiating a fair settlement with the insurer, and closing the matter in a timely way to avoid prolonged disruption. Even with a limited path, it is important to confirm that the settlement fully covers foreseeable costs to avoid future disputes over care or compensation.

Quick Insurance Settlements

When an insurer acknowledges responsibility and offers appropriate compensation that fairly covers documented expenses and short-term impacts, accepting a prompt settlement can be a practical choice for many clients who prefer resolution to continued negotiation. Before accepting, ensure all current and potential future medical needs are considered so the settlement is not prematurely closing off recovery for ongoing costs. A focused, efficient process can reduce stress and allow injured pedestrians to move forward without unnecessary delay when the facts are straightforward.

Common Pedestrian Accident Circumstances

Crosswalk Collisions

Crosswalk collisions often occur when drivers fail to yield, run traffic signals, or make unsafe turns, and these incidents can produce serious injuries even at moderate speeds because pedestrians lack protective barriers. Investigating a crosswalk incident involves documenting traffic control devices, signal timing, witness accounts, and any camera footage to establish fault and the sequence of events with sufficient clarity to support a claim.

Driver Negligence at Intersections

Intersections are frequent sites of pedestrian accidents caused by distracted driving, failure to observe right-of-way, or improper lane turns, and the presence of multiple potential witnesses and surveillance can help clarify responsibility. A careful review of police reports, witness statements, and traffic camera footage is often necessary to reconstruct the collision and determine liability for compensation purposes.

Hit-and-Run Incidents

Hit-and-run cases add complexity because the responsible motorist initially flees the scene, making early preservation of evidence and witness canvassing critical to locating the vehicle or identifying the driver. When the at-fault party cannot be found, other avenues such as uninsured motorist coverage or municipal claims may be explored to address medical costs and related losses.

Long Island City Pedestrian Accident Attorney

Why Choose Ahearne Law Firm for Pedestrian Claims

Choosing Ahearne Law Firm PLLC means working with a local practice that understands court procedures and insurance practices in Queens County and surrounding areas, and that will prioritize direct, timely communication with injured pedestrians and their families. Allan J. Ahearne, Jr. and the firm focus on building a clear record of liability and damages, coordinating medical care documentation, and pursuing fair compensation through negotiation or litigation when necessary. The firm provides practical guidance on each step of the claims process while keeping clients informed about realistic timelines and options for recovery.

Clients can expect careful attention to case details, assistance in managing medical billing and records, and proactive efforts to obtain witness statements and other evidence that supports a strong claim. The goal is to secure timely, appropriate resolutions that address both immediate medical needs and longer-term impacts on earnings and quality of life, and the firm encourages those injured in Long Island City to reach out early so preservation of evidence and witness memories is maximized. Call (845) 986-2777 to discuss your case and next steps.

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FAQS

What should I do immediately after a pedestrian accident in Long Island City?

Immediately seek medical attention for any injuries and, if possible, call the police so an official report documents the collision; that report is often an important piece of evidence. Collect contact information from witnesses, take photographs of the scene and injuries, and preserve any clothing or devices involved, then reach out to a lawyer to discuss how to protect your rights and avoid early statements that might jeopardize your claim.

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

In New York, the statute of limitations for most personal injury claims, including pedestrian accidents, is three years from the date of the accident, so it is important to act promptly to preserve evidence and file any necessary court papers within that timeframe. Certain circumstances can alter filing deadlines, so consulting with legal counsel early helps ensure you meet applicable time limits and maintain the ability to pursue compensation for medical costs, lost wages, and other losses.

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

New York follows a comparative fault system, which means you may still recover damages even if you share some responsibility for the accident, but your recovery will be reduced in proportion to your percentage of fault. Proving your side of the story and limiting any assigned fault is important because it directly affects the amount you can recover, so gathering evidence and witness testimony is essential to demonstrating the full picture of what happened.

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

You can pursue economic damages such as past and future medical expenses, rehabilitation costs, and lost income, as well as non-economic damages including pain and suffering and diminished quality of life, depending on the severity and long-term impact of your injuries. In certain cases, additional compensation for loss of consortium or future care needs may be appropriate, and a careful assessment of medical records and vocational impact helps determine the full scope of recoverable losses.

Should I speak with the other driver’s insurance company?

Provide insurers with basic contact and medical provider information but avoid detailed recorded statements or signing releases without advice, because early comments or agreements can limit your recovery before the full extent of injuries is known. Insurance companies often seek quick resolutions, and consulting with counsel before accepting any offers helps ensure settlements account for future medical needs and other long-term effects of the injury.

How is fault determined in a pedestrian accident?

Fault is determined by examining evidence such as police reports, witness statements, traffic camera footage, driver behavior, and compliance with traffic laws to establish who failed to exercise reasonable care. A reconstruction of the scene and review of medical records and testimony can be necessary to show how conduct caused the injuries and to assign liability appropriately among involved parties.

What evidence helps support a pedestrian injury claim?

Important evidence includes the police report, photos of the scene and injuries, witness contact information and statements, surveillance or traffic camera footage, vehicle damage reports, and complete medical records that document treatment and prognosis. Preserving and organizing this evidence promptly strengthens a claim by creating a clear record of the incident and the resulting losses, which supports accurate valuation of damages during settlement or litigation.

What if the driver fled the scene in a hit-and-run?

In hit-and-run cases, early witness canvassing, neighborhood and traffic camera review, and reports to law enforcement are critical to identifying the responsible driver, and the firm can assist with those investigative steps. If the driver cannot be located, uninsured motorist coverage or other avenues may be available to address medical expenses and related losses, and timely action preserves insurance rights and potential municipal remedies.

Will my case go to court or settle with insurance?

Many pedestrian claims resolve through negotiation with insurers, but some cases require litigation when insurance offers do not fairly compensate for injuries and losses, or when liability is disputed. Preparing for both outcomes ensures that settlement discussions are informed by realistic case valuation and that the option to proceed to court remains available when it is necessary to protect the client’s interests.

How can Ahearne Law Firm help with my pedestrian accident claim?

Ahearne Law Firm assists by promptly investigating the accident, preserving evidence and witness statements, coordinating medical documentation, and negotiating with insurance companies to seek appropriate compensation for medical costs and other losses. The firm provides clear communication about options, timelines, and expected next steps, helping injured pedestrians make informed decisions while focusing on recovery and return to daily life.

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