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Pedestrian Accidents Lawyer in New Square, New York

Protecting Your Rights

Guide to Pedestrian Accident Claims

If you or a loved one were hurt in a pedestrian accident in New Square or elsewhere in Rockland County, this guide outlines the steps that matter most after a crash. Pedestrian collisions can cause serious physical, emotional, and financial harm, and knowing what to do in the hours and days after an incident can affect the outcome of any claim. The Ahearne Law Firm PLLC serves Hudson Valley residents and can explain how New York law applies to your situation, review insurance notices, and help you preserve important evidence while you focus on recovery and medical care.

This page explains common causes of pedestrian accidents, what commonly claimed losses may include, and practical steps to protect your rights. Attorney Allan J. Ahearne, Jr. and the firm are locally based and familiar with courts and insurers in the area, and they can answer questions about deadlines and documentation. If you decide to pursue a claim, you will want clear guidance on collecting medical records, communicating with insurance companies, and estimating long-term effects, so you can make informed decisions about how to proceed and whether seeking compensation is appropriate for your circumstances.

How Legal Help Can Improve Outcomes

Pursuing a claim after a pedestrian crash can help address medical bills, lost income, and other harms that arise from a collision. Working with a law practice that understands the steps to preserve evidence and the typical documentation insurers request can make it easier to build a clear case. A focused approach can also reduce stress by handling communications with insurers and opposing parties, allowing injured people to concentrate on recovery. Ultimately, thoughtful representation often leads to more complete evaluations of losses and a smoother negotiation process with insurers and defendants.

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

The Ahearne Law Firm PLLC represents injured people throughout the Hudson Valley, including New Square and Rockland County, and focuses on personal injury matters such as pedestrian accidents. Allan J. Ahearne, Jr. is the attorney leading these efforts and the firm assists clients with investigation, documentation, and negotiation with insurance carriers. The office is available at (845) 986-2777 to discuss how a claim might proceed, what evidence to collect at the scene, and how to protect legal rights while receiving medical care. Clients appreciate clear communication about next steps and timelines.

Understanding Pedestrian Accident Claims

Pedestrian accident claims generally turn on whether a driver or another party acted negligently and whether that conduct caused harm. Negligence can include speeding, failing to yield at crosswalks, distracted driving, or violating traffic controls. To support a claim, injured pedestrians need medical records, incident reports, witness contact information, and documentation of lost income and other expenses. Gathering these items early helps preserve crucial evidence and supports a clearer picture of the losses incurred. Timely reporting to your own insurer and careful communication about medical care also matter when preparing a claim.

The process of resolving a pedestrian claim often involves an investigation, submitting demand materials to insurance companies, and negotiating a settlement; if negotiations falter, a lawsuit may be necessary. New York follows specific procedural rules and deadlines that must be respected, including the timeline for filing suit. Evaluating the full scope of damages means assessing both immediate costs, like emergency treatment, and longer-term needs, such as ongoing rehabilitation or reduced earning capacity. Knowing the likely timeline and evidence requirements helps injured people make practical choices during recovery and pursue fair compensation for their losses.

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Key Terms and Glossary for Pedestrian Claims

Negligence

Negligence is a legal concept used to describe failure to take reasonable care that results in harm to another person. In the context of pedestrian accidents, negligence might mean a driver who fails to stop at a crosswalk, runs a red light, or is distracted by a mobile device. Establishing negligence typically requires showing that the defendant had a duty of care, breached that duty, and caused the pedestrian’s injuries as a direct result. Documentation such as police reports, traffic camera footage, witness statements, and medical records helps demonstrate whether negligence occurred and how it led to the losses claimed.

Damages

Damages refer to the monetary compensation that an injured person may seek following a pedestrian accident to address losses caused by the collision. Damages can include economic losses like medical bills, rehabilitation costs, prescription expenses, and lost wages, as well as non-economic losses such as pain, suffering, and emotional distress. In some cases, future medical needs and diminished earning capacity are also considered when estimating fair compensation. Careful recordkeeping of bills, pay records, and treatment plans is essential to support an accurate calculation of damages during negotiations or in court.

Comparative Fault

Comparative fault is a legal rule that allows for shared responsibility when multiple parties contribute to an accident. Under New York law, a plaintiff’s recovery can be reduced to reflect the percentage of fault attributed to them, meaning that compensation may be apportioned if both the driver and pedestrian share responsibility. Determining comparative fault involves examining the actions of all parties, witness accounts, and physical evidence from the scene. While an injured person may still recover even if partially at fault, the final award is adjusted to account for any percentage of responsibility assigned to the claimant.

Statute of Limitations

The statute of limitations is the deadline for filing a lawsuit after an injury arises from a pedestrian accident, and in New York the standard time limit for most personal injury claims is three years from the date of the accident. Missing this deadline can prevent a court from hearing the case, so it is important to be mindful of timelines when considering legal options. Certain circumstances can modify the deadline, but those exceptions are fact-specific. Because deadlines affect how a claim moves forward, injured people should inquire about timing early to preserve their ability to pursue a court action if necessary.

PRO TIPS

Document the Scene

Take photos of the scene, vehicle positions, road markings, traffic signals, visible injuries, and any property damage as soon after the accident as safety allows, and keep notes about weather, lighting, and any statements made by drivers or witnesses. Collect contact information for witnesses and obtain a police report number, because witness names and official reports often become important pieces of evidence in a claim. Store this information securely and share it with your attorney or trusted advisor so it can be preserved for insurance communications and potential legal proceedings.

Seek Prompt Medical Care

Obtain immediate medical attention after a pedestrian collision, even if injuries seem minor at first, because some conditions can worsen or show delayed symptoms, and prompt records help connect injuries to the accident. Keep all medical records, test results, prescriptions, and referrals, as these documents form the backbone of proof for injury-related claims and help establish the scope of required treatment. Follow recommended treatment plans and attend follow-up appointments to document recovery progress and any continuing limitations that may affect future care and earnings.

Preserve Evidence

Retain physical evidence when possible, such as torn clothing, damaged personal items, or helmet material, and avoid altering the scene before authorities have documented it when safety permits. Save digital evidence like photos, messages, or dashcam footage, and make secure backups to avoid accidental loss, because insurers and courts often rely on contemporaneous records to reconstruct events. Share these materials with your legal team or a trusted advisor so they can be reviewed and catalogued in a way that supports any claim or negotiation.

Comparing Legal Options After a Pedestrian Crash

When a Full Approach Helps:

Complex Injuries and Long-Term Care

Complex medical needs arising from a pedestrian crash can require a thorough assessment of both immediate and future costs, including surgeries, rehabilitation, assistive devices, and long-term care planning; this full view helps ensure losses are accounted for beyond initial bills. A comprehensive approach also involves coordinating medical records, expert opinions about long-term prognosis, and employment documentation to quantify lost earning capacity over time. For people facing uncertain recovery timelines, compiling a complete record of anticipated care and related expenses is essential to pursue fair compensation that reflects future needs.

Multiple Liable Parties

When more than one party may bear responsibility, such as multiple drivers, a roadway owner, or a vehicle component manufacturer, resolving liability can be legally and factually complex and may require detailed investigation and coordination among insurers. A comprehensive approach addresses these layers by identifying potential defendants, preserving evidence, and construing how different actors’ conduct contributed to the collision. Handling multiple claims or cross-claims often benefits from a coordinated strategy that evaluates each potential source of recovery and seeks to maximize the overall compensation available to the injured person.

When a Narrow Approach May Work:

Minor Injuries and Clear Liability

If injuries are minor, treatment is brief, and liability is indisputable, a focused claim directly to the insurer may resolve the matter quickly without extensive investigation or litigation. In such situations, compiling medical receipts and a concise account of lost time from work can be sufficient to reach a reasonable settlement. However, even seemingly minor cases should include careful documentation to ensure recovery fully compensates for all short-term losses and any lingering symptoms that might arise.

Simple Insurance Claims

When a claim involves straightforward damages and the at-fault party’s insurer accepts responsibility early, direct negotiation over bills and wages may resolve the matter without a prolonged process. This approach works best when medical care is complete, bills are known, and future treatment is unlikely, making valuation more predictable. Even in straightforward cases, keeping a careful record of treatment, expenses, and communications with insurers helps ensure settlement offers fairly reflect actual losses.

Common Circumstances Leading to Pedestrian Accidents

Crosswalk Collisions

Pedestrians are often struck at marked or unmarked crosswalks when drivers fail to yield or misjudge right-of-way, and these incidents can cause serious injuries because pedestrians lack the protection vehicles provide. Gathering witness statements, crosswalk photos, and traffic signal timing information is important to establish the sequence of events and support a claim for compensation when the driver’s conduct contributed to the collision.

Parking Lot and Driveway Crashes

Vehicle-pedestrian collisions can occur in parking lots and driveways where visibility is limited and drivers or pedestrians may be distracted during ingress or egress, creating hazards at low speeds that still result in injury. Documenting skid marks, vehicle positions, and surveillance footage when available helps reconstruct how the accident happened and identify contributing factors such as obstructed sightlines or failure to check blind spots.

Sidewalk and Roadway Incidents

Sidewalk encroachments and vehicles mounting curbs or leaving the roadway can produce pedestrian injuries in urban and suburban settings, often involving municipal maintenance issues or driver error. Evidence such as pavement conditions, signage, and maintenance records can be important for determining whether a property owner or public entity had any role in creating unsafe conditions that contributed to the accident.

Pedestrian Accident Attorney Serving New Square and Rockland County

Why Hire the Ahearne Law Firm for Pedestrian Claims

The Ahearne Law Firm PLLC serves clients in New Square and throughout the Hudson Valley on personal injury matters involving pedestrian accidents, helping clients gather records, communicate with insurers, and understand the options available under New York law. The firm’s approach emphasizes clear communication and a practical assessment of damages, timelines, and likely outcomes, so clients can make informed decisions. If you need someone to review the facts of your case, explain next steps, and assist with paperwork or settlement negotiations, the office can be reached at (845) 986-2777 to discuss your situation.

Clients working with the firm receive help organizing medical documentation, preserving scene evidence, and preparing written settlement materials when appropriate, and the firm can also explain whether a lawsuit may be necessary to pursue full compensation. The team strives to keep clients informed about progress, potential remedies, and practical choices during recovery. If you have questions about reporting the accident to insurers, tracking medical expenses, or documenting lost time from work, the firm can outline steps to protect your legal rights while you prioritize healing.

Contact Our Office Today to Discuss Your Claim

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FAQS

What should I do immediately after a pedestrian accident?

Seek immediate medical attention and, when safe, document the scene with photos and notes about what happened, including the location, vehicle details, and witness contacts because timely medical records and evidence collection are important for linking injuries to the accident. Obtain the police report number and be cautious in how you communicate with insurance companies; give factual information about the incident but avoid detailed recorded statements until you have had a chance to review the matter. Report the accident to your own insurer as required by policy terms, preserve any physical evidence such as torn clothing or damaged personal items, and save all receipts and records for medical treatment, prescriptions, and related expenses. Contacting a law firm for an initial discussion can help you understand next steps, including evidence preservation and how to handle insurance communications while you recover.

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

In New York, the general deadline to file a personal injury lawsuit for harms arising from a pedestrian accident is three years from the date of the accident, and missing that deadline can bar a court claim in most situations. This standard timeline makes it important to evaluate legal options promptly after an injury so that any necessary filings are completed before the deadline expires. Some circumstances can affect the deadline, such as claims against public entities that may require notice within a much shorter period, or unique facts that toll or alter the limitations period. Because exceptions exist, discussing timelines early helps ensure that potential claims are preserved and that required procedural steps are completed on time.

Will my actions at the scene affect my ability to recover compensation?

Yes. Actions at the scene and immediately afterward can influence how fault is assessed and what evidence is available to support a claim, so documenting conditions, obtaining witness information, and seeking prompt medical care are all important. Avoid admitting fault or making detailed statements about responsibility to others at the scene, and be cautious when speaking to the other driver’s insurer, because those statements can be used in evaluating a claim. Keeping contemporaneous notes, photographs, and receipts, and providing a clear account of your injuries and treatment timeline, will make it easier to connect damages to the accident. If you are uncertain about what to say or do, consult with a legal advisor to help protect documentation and communications while you focus on recovery.

What types of damages can I recover after a pedestrian accident?

Damages in a pedestrian injury claim commonly include economic losses such as past and future medical expenses, rehabilitation costs, prescription medication, and lost wages, and they may also address non-economic losses like pain and suffering and diminished quality of life. In some cases, claims consider future care needs, long-term treatment, or reduced earning capacity when calculating a full recovery amount. To support a damages claim, injured people should keep organized records of all medical visits, bills, repair or replacement costs for personal items, and documentation of time missed from work. Detailed evidence of ongoing limitations or therapy also helps establish the proper valuation of both economic and non-economic losses during settlement discussions or litigation.

How do insurance companies handle pedestrian injury claims?

Insurance companies typically investigate claims by reviewing police reports, medical records, witness statements, and any physical or photographic evidence from the scene, and they will often make an initial settlement offer based on their assessment of liability and damages. Insurer adjusters aim to control costs for their company, so initial offers may not fully reflect long-term needs or the full extent of damages unless thoroughly supported by documentation. Maintaining clear records of medical treatment, expenses, and wage loss, and responding to insurer requests with organized materials, improves the likelihood of a fair decision. If insurers deny or undervalue a claim, the matter may require further negotiation, mediation, or, in some cases, filing a lawsuit to pursue appropriate compensation.

What if the pedestrian was partly at fault for the accident?

Under New York’s rules on comparative fault, a pedestrian’s recovery may be reduced by the percentage of fault attributed to them, meaning that partial responsibility does not necessarily bar recovery but will affect the final award. Determining fault percentages involves considering evidence such as witness statements, traffic patterns, lighting, and behavior of both the driver and pedestrian at the time of the incident. Even if you believe you share some responsibility, it is often worthwhile to pursue a claim because compensation can still be available after apportionment of fault. A careful review of the circumstances and supporting evidence will clarify how comparative fault might apply and what level of recovery remains practical to seek.

Should I accept the first settlement offered by the insurer?

It is usually advisable to evaluate any initial settlement offer carefully before accepting it, because an early payment may not account for future medical needs, ongoing therapy, or delayed complications that arise after initial treatment. Accepting an early offer typically requires signing a release that closes the claim, preventing additional recovery later if conditions worsen or further costs emerge. Before accepting any proposal, gather all medical records and bills and consider whether future care is likely, then weigh the offer against those likely expenses and losses. If the insurer’s offer does not reasonably cover present and anticipated future losses, further negotiation or a court claim may be necessary to pursue full compensation.

Can I pursue a claim if the driver was uninsured or underinsured?

If the at-fault driver lacks insurance or has insufficient coverage, you may have options including pursuing an uninsured or underinsured motorist claim under your own policy if such coverage is in place, or exploring other potential sources of recovery depending on the circumstances. Reviewing your policy terms promptly and providing required notice to your insurer helps preserve the ability to access such benefits if available. Additionally, there may be other responsible parties who can be pursued for compensation, such as an employer of a negligent driver or a property owner whose negligence contributed to the incident. A thorough investigation of the facts helps identify all possible avenues for recovery when a driver’s insurance is inadequate.

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

The timeline for resolving a pedestrian injury claim varies widely based on medical treatment needs, the complexity of liability, whether multiple parties are involved, and the willingness of insurers to negotiate in good faith. Simple claims with clear liability and complete medical documentation may resolve in a matter of months, while cases with disputed liability, serious injuries, or multiple defendants can take much longer and sometimes involve formal litigation that extends timelines further. Preparing the strongest possible claim by compiling medical evidence, employment records, and witness statements early on can help streamline negotiations, while patience is often required when the full extent of injuries and future care needs must be established before a fair resolution is reached. Discussing likely timelines during an initial consultation helps set expectations for how a case may proceed.

How can the Ahearne Law Firm help with my pedestrian accident case?

The Ahearne Law Firm PLLC can review the facts of your pedestrian accident, explain applicable deadlines, and help collect and organize medical records, bills, and other documentation that support a claim for compensation. The firm can communicate with insurers on your behalf, advise on whether a settlement offer reasonably covers your losses, and outline the steps involved if litigation becomes necessary to pursue full recovery. By taking on administrative tasks like assembling records, identifying witnesses, and requesting official reports, the firm aims to reduce stress on injured people while they focus on recovery. If you have questions about your immediate obligations after an accident or how to document ongoing treatment, contacting the firm for an initial discussion can help clarify next steps and preserve potential legal remedies.

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