A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)•A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)

Pedestrian Accident Lawyer in Marlboro, NY

Protecting Your Recovery

Comprehensive Pedestrian Accident Guidance

If you or a loved one was struck while walking in Marlboro, you may face medical bills, lost income, and painful recovery. This guide explains how pedestrian accident claims typically proceed in New York and what you can do to protect your rights. The Ahearne Law Firm PLLC represents residents across Ulster County and the Hudson Valley to pursue compensation for injuries caused by drivers, negligent road conditions, or poorly maintained sidewalks. We focus on clear communication, personalized attention, and practical next steps so you can make informed decisions about seeking medical care, preserving evidence, and notifying insurers without compromising your claim.

Pedestrian collisions often involve complex liability issues, multiple insurance carriers, and strict deadlines under New York law. Knowing what to expect after a crash — from initial medical documentation through potential settlement negotiations or litigation — helps you avoid common mistakes that weaken claims. Our goal in this guide is to outline the key phases of a pedestrian injury case, define important legal terms you will encounter, and describe how local rules and New York’s comparative fault principles can affect the outcome. If you need immediate help or to discuss specifics, Ahearne Law Firm PLLC in Marlboro can review your situation and advise on next steps.

How Representation Helps Pedestrian Injury Claims

After a pedestrian accident, pursuing compensation involves more than filing forms. There are steps that protect your recovery and preserve your right to damages, including documenting injuries, obtaining police reports, and communicating with insurers in a way that does not jeopardize a claim. Proper representation helps gather proof of negligence, evaluate medical and economic losses, and negotiate with insurance companies that often undervalue claims. Legal assistance also guides you through timelines under New York law, strategies for addressing fault allocation, and whether filing a lawsuit is advisable. Thoughtful preparation and advocacy often result in fairer outcomes than handling a complex claim alone.

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

Ahearne Law Firm PLLC serves clients across the Hudson Valley and Ulster County with focused representation in personal injury matters, including pedestrian accidents in Marlboro and surrounding communities. Attorney Allan J. Ahearne, Jr. and the firm take a client-centered approach, emphasizing clear communication, thorough investigation, and practical advocacy tailored to each case. We work to gather medical records, speak with witnesses, and coordinate with medical providers to document injuries and losses. Our commitment is to help people navigate complex post-accident processes while pursuing full and fair compensation for medical costs, lost wages, pain and suffering, and other damages.

Understanding Pedestrian Accident Claims

A pedestrian accident claim arises when a person walking is injured because of another party’s negligence, which may include a negligent driver, property owner, or municipal entity responsible for road or sidewalk maintenance. In New York, proving negligence typically requires showing that a duty existed, that it was breached, and that breach caused measurable harm. Medical documentation, witness statements, traffic or surveillance video, and accident scene photographs play central roles in establishing fault and damages. Understanding how insurers and courts evaluate injury severity, comparative fault, and economic losses helps claimants make informed decisions about settlement offers and the advisability of filing a lawsuit.

Pedestrian cases can involve multiple sources of responsibility, such as a distracted driver, inadequate pedestrian crossings, or defective sidewalks. New York follows a comparative fault approach, which can reduce recoverable damages if the injured pedestrian is found partially at fault. Timely reporting and preserving evidence are vital because delays can damage credibility and complicate proof. Consulting with counsel early can aid in identifying liable parties, securing necessary records, and coordinating with medical providers to document injuries in a way that supports both immediate treatment needs and future compensation claims.

Need More Information?

Key Terms and Definitions

Negligence

Negligence refers to the failure to exercise reasonable care under the circumstances, resulting in harm to another person. In the pedestrian accident context, negligence might include a driver who runs a red light, fails to yield at a crosswalk, or drives while distracted. To prove negligence in New York, a claimant must show that the defendant owed a duty to the pedestrian, breached that duty through action or inaction, and that the breach directly caused the pedestrian’s injuries and losses. Evidence such as eyewitness accounts, traffic citations, and physical evidence at the scene supports a negligence claim.

Comparative Fault

Comparative fault is a legal rule that reduces a plaintiff’s recovery based on the percentage of responsibility attributed to them for the accident. Under New York’s comparative negligence principles, if a pedestrian is found partially responsible for their own injury, their total damages award may be reduced proportionally. For instance, if the pedestrian is deemed 20 percent at fault, any damages award would be reduced by 20 percent. Understanding how fault is allocated is important when evaluating settlement offers and deciding whether to pursue litigation.

Damages

Damages refer to the monetary compensation a person can seek after an injury, including economic losses such as medical expenses and lost wages, and non-economic losses like pain and suffering. In pedestrian accident cases, documentation of medical treatment, records of time away from work, and evidence of long-term effects are used to calculate a fair damages amount. Some cases may also include claims for future medical care and diminished earning capacity when injuries have lasting consequences that affect a person’s ability to work or enjoy daily activities.

Statute of Limitations

The statute of limitations is the legal time limit for filing a lawsuit, and missing that deadline often means losing the right to sue. In New York, personal injury claims typically must be filed within a certain number of years from the date of the accident, though specific timeframes can vary depending on the parties involved and the nature of the claim. Acting promptly to preserve evidence, file necessary notices, and consult about deadlines is essential. Timely consultation helps ensure all procedural requirements are met and that potential claims remain viable.

PRO TIPS

Document the Scene Immediately

If you are able, gather and preserve evidence at the scene by taking photographs of vehicle positions, skid marks, traffic signals, injuries, and any visible hazards. Obtain contact information for witnesses and write down your recollection of the events while memories are fresh. Prompt documentation supports insurance claims and potential legal action by creating a clear record of conditions and events surrounding the incident.

Seek Prompt Medical Attention

Even if injuries seem minor at first, seek medical evaluation as soon as possible and follow recommended treatment plans to document the full extent of harm. Medical records form the backbone of injury claims and can demonstrate the link between the accident and your condition. Consistent treatment records also strengthen the credibility of your claim when negotiating with insurers or presenting a case in court.

Limit Direct Insurance Statements

Notify your insurer and obtain required policy information, but avoid giving recorded statements without first understanding potential impacts on a claim. Insurers may use short or incomplete statements to reduce payouts, so it is helpful to consult about how to communicate effectively. Keeping initial communications factual and brief while preserving your rights can protect your claim while you gather supporting evidence.

Comparing Legal Paths After a Pedestrian Accident

When Full Representation Makes Sense:

Complex Liability or Multiple Defendants

When an incident involves multiple potentially liable parties, such as a motorist, a property owner, or a government entity responsible for road design, coordinating claims and allocating responsibility can become complex. Full representation helps identify all possible sources of recovery, obtain necessary records from different entities, and manage communications to preserve each claim. Handling multiple defendants also often requires careful legal strategy to maximize recovery and respond to competing defenses.

Serious or Long-Term Injuries

When injuries are severe or involve long-term care, estimating future medical needs and lost earning capacity requires careful documentation and planning. Comprehensive representation assists in working with medical professionals and economic specialists to calculate fair compensation for ongoing care and diminished abilities. This approach aims to ensure immediate needs are met while protecting future financial stability related to the injury.

When Limited Assistance May Work:

Minor Injuries With Clear Liability

If a pedestrian accident involves clear liability and relatively minor injuries that require minimal medical care, a limited assistance approach focused on documentation and settlement negotiation can be appropriate. In such scenarios, efficient handling of insurer communications and treatment records may resolve the claim without protracted involvement. This path can be faster when the facts are straightforward and the damages are modest.

Prompt, Straightforward Insurance Resolution

When the responsible party’s insurer recognizes clear fault and offers prompt, fair compensation that fully covers medical bills and lost wages, limited representation aimed at negotiating a settlement may suffice. That approach relies on thorough documentation up front to demonstrate the extent of injuries and to support a reasonable valuation. It can save time and expense when the insurer’s position is cooperative and the claim is uncomplicated.

Common Situations Leading to Pedestrian Claims

Crosswalk and Intersection Collisions

Collisions at crosswalks and intersections often occur when drivers fail to yield, run red lights, or make unsafe turns, resulting in severe injuries to pedestrians. These cases typically require witness statements and traffic records to establish the driver’s actions and right-of-way at the time of the crash.

Sidewalk and Parking Lot Accidents

Pedestrians can be struck in parking areas or on sidewalks by vehicles backing up or maneuvering with limited visibility, or by hazards caused by poor maintenance. Establishing property owner or driver responsibility is central to recovering compensation in these scenarios.

Hit-and-Run Incidents

Hit-and-run crashes complicate claims because identifying the responsible driver may be difficult, requiring police investigation and use of surveillance footage or witness information. When a driver cannot be located, uninsured motorist coverage or municipal resources may become essential to pursue recovery.

Local Pedestrian Accident Counsel in Marlboro

Why Choose Ahearne Law Firm PLLC

Ahearne Law Firm PLLC focuses on helping people injured in the Hudson Valley navigate the aftermath of pedestrian accidents with practical, local knowledge. Attorney Allan J. Ahearne, Jr. and the firm strive to clearly explain legal options, gather necessary evidence, and coordinate care to support recovery and claims. We emphasize responsiveness, steady communication, and thorough case preparation to address medical, financial, and procedural needs after an accident in Marlboro or nearby communities.

When selecting representation, local familiarity with Ulster County courts, municipal procedures, and common traffic patterns can be helpful in building a case. Our work includes arranging for medical record retrieval, communicating with insurers, and preparing for potential negotiations or court proceedings. We understand the practical challenges injured pedestrians face and aim to help clients pursue full compensation while managing the legal process and deadlines to avoid avoidable setbacks.

Contact Our Marlboro Office Today

People Also Search For

Marlboro pedestrian accident lawyer

Hudson Valley pedestrian injury attorney

Ulster County pedestrian crash claim

pedestrian hit by car Marlboro NY

pedestrian accident compensation Hudson Valley

insurance claim pedestrian accident NY

walkway injury lawyer Marlboro

Allan J. Ahearne Jr. pedestrian accidents

FAQS

What should I do immediately after being hit while walking in Marlboro?

Immediately after a pedestrian collision, ensure your safety by moving to a secure location when possible and seeking medical attention for any injuries, even if they seem minor. Contact local law enforcement so an official report is created, and obtain the names and contact information of any witnesses. Take photographs of the scene, visible injuries, vehicle damage, traffic controls, and road or sidewalk conditions if you are able. Your phone may also record important video evidence that can support later claims. After initial safety and medical steps, notify your insurance carrier according to policy requirements and preserve any records related to treatment, work absence, and expenses. Avoid providing recorded statements to opposing insurers without understanding potential impacts, as premature or incomplete descriptions can be used to limit benefits. Consulting with counsel early can help you organize documentation, comply with deadlines, and determine whether additional actions such as preserving surveillance footage or obtaining expert evaluations are warranted.

How does fault affect my ability to recover compensation in New York?

New York uses a comparative fault approach that assigns responsibility percentages to each party involved in an accident, and any award is reduced by the injured person’s percentage of fault. If a pedestrian is found to share responsibility, their recovery is decreased proportionally. This can be a significant factor in negotiations and in court, so understanding how actions at the scene and evidence of conduct are likely to be interpreted is important for evaluating potential outcomes. Establishing that the other party bore the majority of the responsibility strengthens a claim, but even when some fault is shared, meaningful recovery is still possible. Documentation such as police reports, witness statements, and physical evidence can help demonstrate the other party’s negligent actions, and careful presentation of medical records and economic losses aids in securing compensation despite partial fault allocations.

What types of compensation can I seek after a pedestrian accident?

Compensation after a pedestrian accident may include economic damages such as medical expenses, hospital stays, rehabilitation costs, prescription medication, and lost earnings from time away from work. When injuries affect future earning capacity or require ongoing care, claims can seek compensation for those projected costs. Receipts, bills, and medical records are central to establishing the economic portion of a claim. Non-economic damages are also recoverable and may include compensation for pain and suffering, emotional distress, loss of enjoyment of life, and diminished quality of life due to the injury. In certain cases where negligence is particularly severe, additional remedies may be available. Preparing a thorough record of how the accident affected daily life and functioning supports a full valuation of both economic and non-economic losses.

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

The statute of limitations sets deadlines for filing personal injury lawsuits in New York, and failing to file within the applicable period typically prevents a court from hearing the claim. While the general time limit for many personal injury actions is a set number of years from the incident date, specific timeframes can vary based on factors like the identity of the defendant or whether a governmental entity is involved, which may impose shorter notice periods and special procedural requirements. Because deadlines can differ and certain actions, like claims against municipalities, require prompt notice, it is important to consult about relevant timelines as soon as possible. Taking early steps to preserve evidence and understand filing requirements reduces the risk of missing critical windows and helps ensure all necessary notices and filings are completed correctly.

What if the driver who hit me fled the scene?

When a driver flees the scene, contact law enforcement immediately so they can document the incident and attempt to identify the vehicle or driver using witness accounts and any available surveillance footage. Police reports documenting a hit-and-run are important for both criminal investigation and subsequent civil or insurance claims. Collecting witness contact information and preserving any photographs or video you or others captured is also crucial. If the driver cannot be located, uninsured or underinsured motorist coverage on your policy may provide a path to compensation, depending on your insurance terms. Working with an attorney can help you explore all recovery options, interface with insurers, and pursue alternative avenues such as claims against responsible property owners or municipal entities if applicable in the incident’s circumstances.

Will my own actions on the street affect my claim?

Yes, a pedestrian’s actions can affect the outcome of a claim if those actions are found to have contributed to the accident. New York’s comparative fault rule means that an injured person whose conduct contributed to the incident may have their total damages reduced by the percentage attributed to their own responsibility. Factors like jaywalking, inattentiveness, or failure to use available crosswalks can be examined in determining fault percentages. Even when a pedestrian shares some responsibility, recovery may still be available. Demonstrating that a driver’s actions were primarily negligent and presenting credible evidence of the sequence of events can limit reductions in recoverable damages. Thorough documentation and credible witness testimony are often decisive in these assessments.

Should I accept the insurance company’s first settlement offer?

Insurance companies often make early settlement offers that may seem convenient but can fall short of covering all present and future costs associated with an injury. Accepting a quick offer without a full understanding of long-term medical needs, lost earning capacity, and non-economic impacts can leave you responsible for future expenses. It is wise to evaluate offers against documented injuries and future care projections before making a decision. Consulting about settlement value helps determine whether an insurer’s proposal is reasonable given the full scope of damages. In many cases, negotiations can improve initial offers, and having a clear assessment of treatment needs and financial losses supports stronger bargaining positions. When offers are inadequate, preparing for further negotiation or litigation may be necessary to achieve fair compensation.

How do I prove the other party was at fault?

Proving another party’s fault typically involves assembling evidence such as police reports, witness statements, traffic camera or surveillance footage, photographs of the scene, and documentation of any traffic law violations. Medical records that connect injuries to the accident help establish causation, while vehicle damage and scene measurements can corroborate the nature of the collision. Clear, contemporaneous documentation is essential to build a persuasive case. When facts are disputed, additional investigation may include consulting accident reconstruction professionals or obtaining expert medical opinions to explain the relationship between the accident forces and the injuries sustained. Such efforts strengthen positions in negotiations and at trial by providing objective analysis that supports liability and damages claims.

Can I pursue a claim if I was injured on a poorly maintained sidewalk?

Yes, injuries caused by poorly maintained sidewalks or other hazards can lead to claims against property owners or municipalities if negligence in maintenance or repair contributed to the accident. Proving these claims typically requires showing that the owner or responsible authority knew or should have known about the dangerous condition and failed to take reasonable steps to address it. Photographs, prior complaints, maintenance records, and witness testimony can support these allegations. Claims against government entities often have unique procedural requirements, including strict notice periods and shorter filing deadlines. Because municipal claims follow different rules, it is important to act quickly to preserve rights, provide required notices, and gather evidence that documents the hazardous condition and its role in causing injury.

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

Ahearne Law Firm PLLC can assist by reviewing the facts of your accident, advising on deadlines and procedural steps, and helping gather evidence such as police reports, medical records, witness statements, and any available video. The firm can also handle communications with insurers, prepare demand packages that document medical and economic losses, and negotiate for fair compensation on your behalf. Local knowledge of Marlboro and Ulster County practices helps tailor the approach to the specifics of your case. If litigation becomes necessary, the firm can file suit, conduct discovery, and present your case in court while continuing to coordinate medical documentation and expert opinions where appropriate. The goal is to relieve injured persons of the administrative burdens while pursuing full recovery for medical costs, lost wages, pain and suffering, and future needs related to the injury.

Personal Injury Services in Marlboro

Explore our injury practice areas

⚖️ All Personal Injury Services