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 Accidents Lawyer in New Paltz

Protecting Your Rights

New Paltz Guide to Pedestrian Accident Claims

If you were injured as a pedestrian in New Paltz, you may be facing medical bills, missed work, and uncertainty about your next steps. The Ahearne Law Firm PLLC in the Hudson Valley focuses on personal injury matters including pedestrian accidents and can help you understand the legal options available in New York. We assist people with practical steps immediately after a collision, including documenting the scene, preserving evidence, and communicating with insurers. Call (845) 986-2777 to discuss your situation and learn what actions may protect your rights and preserve potential claims going forward.

Pedestrian collisions often involve complex factors such as vehicle speed, road design, visibility, and local traffic laws, and recovering fair compensation typically requires careful investigation and documentation. We help clients identify who may be responsible, gather witness statements, work with medical providers to document injuries, and calculate losses including medical costs, lost income, and pain and suffering. Early action often improves outcomes, so timely reporting and evidence preservation are important. This guide explains common scenarios in New Paltz and how to approach a claim so you can make informed decisions about protecting your interests.

Benefits of Legal Assistance for Pedestrian Injuries

Working with a law firm that handles pedestrian injury matters can help ensure that important deadlines are met, evidence is preserved, and your medical treatment and wage losses are properly documented. Legal representation helps by conducting independent investigations, obtaining official records such as police and medical reports, and communicating with insurers to avoid lowball settlement offers. Counsel can also advise on the potential value of a case, help prioritize treatment and referrals when appropriate, and prepare claims or litigation when needed. These steps can increase the likelihood of fair compensation while allowing you to focus on recovery and family needs.

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

Ahearne Law Firm PLLC serves clients across the Hudson Valley and New York with a primary focus on personal injury matters, including pedestrian accident claims. Attorney Allan J. Ahearne, Jr. leads the firm in handling the practical and procedural aspects of these cases, from initial investigation to settlement discussions or litigation when necessary. The firm emphasizes clear communication, timely action, and a client-centered approach that helps people understand options and next steps. If you need assistance navigating medical documentation, insurance negotiations, or court procedures, the firm can provide guidance tailored to your circumstances and local rules.

Understanding Pedestrian Accident Claims

Pedestrian accident claims generally involve proving that another party owed a duty of care, breached that duty through negligent or unlawful conduct, and caused injuries and losses as a direct result. In New York, common elements include demonstrating how the accident occurred, verifying injury timelines, and linking medical treatment to the crash. Evidence such as police reports, photos, surveillance footage, medical records, and witness statements often plays a central role. The claims process can include initial demand letters to insurers, negotiation, and, when settlement is not possible, filing a claim in court within applicable deadlines under state law.

Recoverable damages in pedestrian cases may include medical expenses, future medical care, lost earnings, diminished earning capacity, and compensation for pain and suffering. Calculating these amounts requires a careful review of medical records, bills, employment history, and expert opinions about future needs. Liability may be contested, and comparative negligence rules can affect the recoverable amount if the pedestrian bears some responsibility. Timely action to collect evidence and seek appropriate medical care supports a stronger claim. Understanding these mechanics early helps individuals make informed choices about settlement offers and whether additional investigation is warranted.

Need More Information?

Key Terms and Glossary

Liability

Liability refers to legal responsibility for causing harm or loss. In a pedestrian accident claim, liability is about who had a duty to act with reasonable care and whether that duty was breached by actions like failing to yield, speeding, or driving distracted. Establishing liability usually requires demonstrating that the driver or another party behaved in a way that a reasonable person would not, and that this behavior directly caused the pedestrian’s injuries. Evidence used to show liability can include traffic citations, witness statements, video footage, photographs of the scene, and police reports that describe how the incident unfolded.

Damages

Damages are the monetary losses a person may recover after being injured. For pedestrian claims, damages typically include past and future medical bills, lost wages, loss of earning capacity, and compensation for pain and emotional distress. Calculating damages involves reviewing medical records, billing statements, employment records, and sometimes expert opinions to estimate future care needs and long term effects. The goal of a damages calculation is to provide a realistic assessment of financial and nonfinancial losses so that settlement discussions or court filings reflect the true cost of the injury and the impact it has on daily life and future prospects.

Negligence

Negligence means failing to act with the care that a reasonably careful person would use in similar circumstances. In pedestrian cases, negligence can include acts like running a red light, failing to yield, texting while driving, or otherwise operating a vehicle unsafely. To establish negligence you must show that a duty existed, the duty was breached, and the breach caused the injury and losses. The strength of a negligence claim depends on evidence such as traffic citations, witness testimony, physical evidence from the scene, and medical documentation linking injuries to the incident.

Comparative Negligence

Comparative negligence is a legal rule that reduces recovery when the injured person bears some responsibility for their own injuries. In New York, if a pedestrian is found partly at fault, any damages awarded are reduced in proportion to their share of fault. For example, if a pedestrian is assigned twenty percent responsibility and total damages are calculated at a certain amount, recovery is reduced by twenty percent. Because this rule affects settlement value, documenting the circumstances, witness accounts, and road conditions can be important for limiting any assigned fault and protecting the recoverable award.

PRO TIPS

Document the Scene Immediately

After a pedestrian collision, collecting information at the scene can make a significant difference for later claims and evaluations. Take photographs of the vehicles involved, road markings, skid marks, traffic signals, injuries, and environmental conditions while details remain fresh and before evidence is altered. Write down names and contact information for witnesses and record any immediate statements, and when possible get a copy of the police report number and officer contact so there is an official record to support your account.

Seek Prompt Medical Care

Getting medical attention right after an injury serves two important purposes for your recovery and any potential claim. A medical evaluation documents the nature and extent of injuries, identifies treatment needs, and creates a clear linkage between the crash and your injuries that insurers and courts will expect to see. Follow recommended treatment plans and keep detailed records of appointments, medications, therapies, and any changes in your symptoms to support an accurate assessment of damages and ongoing medical needs.

Preserve Evidence and Witness Info

Preserving evidence early reduces the risk that important information will be lost or degraded over time. Keep copies of medical records and bills, retain clothing or items damaged in the crash if possible, and save any correspondence from insurers or other parties. Contact information for witnesses, surveillance sources, and potential third parties that may have relevant data should be collected promptly so investigators can request footage or statements before it becomes unavailable.

Comparing Legal Options for Pedestrian Claims

When a Full Approach Is Helpful:

Severe or Long-Term Injuries

A comprehensive approach is often appropriate when injuries are severe, require ongoing medical care, or result in long term limitations that affect work and daily activities. In those situations, a thorough investigation and documentation of future medical needs can materially affect the total value of a claim and ensure that settlements account for long term costs. Taking time to obtain detailed medical opinions and financial assessments helps establish a complete picture of both current and future losses and supports more accurate negotiations or court presentations.

Unclear Liability or Multiple Parties

When liability is disputed or multiple parties may share responsibility, a broader investigative approach can identify all potential sources of compensation. This can include obtaining traffic and maintenance records, interviewing multiple witnesses, and reviewing surveillance or municipal documentation that clarifies who is at fault. Coordinating these pieces of evidence and developing a strategy that addresses complex fault issues helps protect claims from premature dismissal or low offers and provides a clearer path to fair resolution.

When a Limited Approach May Be Enough:

Minor Injuries with Clear Fault

A more limited approach can be appropriate when injuries are minor, fault is clearly established by police or witness accounts, and medical treatment is brief. In these cases, a focused demand to the insurer supported by medical bills and a concise statement of lost wages can resolve the claim efficiently. Streamlining the process helps avoid unnecessary costs and allows injured people to obtain fair compensation for immediate losses without extensive investigation or lengthy disputes.

Quick, Low-Cost Resolutions

When both parties agree on the basic facts and damages are modest, pursuing a fast settlement can be in the best interest of someone focused on recovery and returning to normal activities. A limited approach prioritizes essential documentation, clear communication with insurers, and pragmatic negotiation to reach a fair outcome without prolonged proceedings. This path can conserve time and resources while still addressing immediate financial needs and medical bills that resulted from the incident.

Common Circumstances in Pedestrian Accidents

Crosswalk Collisions

Pedestrian collisions at crosswalks often arise when drivers fail to yield, proceed through intersections on a red light, or do not see people in marked or unmarked crossings. These incidents can be complicated by poor lighting, obstructed views, or traffic signal malfunctions, so collecting scene photos and witness accounts is important to establish how the collision occurred and who bears responsibility.

Parking Lot Incidents

Additive risks in parking lots include backing drivers, distracted drivers, and crowded conditions that make pedestrians less visible, resulting in collisions while people enter or exit vehicles. In these settings, surveillance footage, store incident reports, and witness statements are often key to determining fault and the sequence of events that caused injuries.

Hit-and-Run Situations

Hit-and-run incidents pose immediate identification challenges but do not eliminate options for recovery, as uninsured motorist coverage or investigative leads can still provide paths to compensation. Prompt reporting to police, collecting witness descriptions, and seeking nearby surveillance evidence can increase the likelihood of locating the responsible vehicle or establishing alternate recovery avenues.

New Paltz Pedestrian Accident Attorney

Why Choose Ahearne Law Firm for Pedestrian Matters

Choosing the right legal partner matters when dealing with the aftermath of a pedestrian collision. Ahearne Law Firm PLLC brings local knowledge of Hudson Valley and New York procedures, and the firm assists clients with organizing medical documentation, evaluating settlement offers, and pursuing insurance recoveries. We focus on clear communication about options and realistic timelines so clients understand what to expect during claims or litigation. If you need help assessing damages, identifying responsible parties, or negotiating with insurers, the firm can support those steps while you focus on recovery.

Clients working with the firm receive personal attention to case details including timely follow up and guidance about medical, employment, and insurance matters related to the collision. The firm assists in coordinating documents, contacting relevant providers for records, and preparing statements and demands that reflect the full impact of the injury. Throughout the process the team aims to explain each step in plain language and to respond to questions, helping clients feel informed and prepared to make decisions about settlement opportunities or court filings if needed.

Contact Us Today to Discuss Your Case

People Also Search For

New Paltz pedestrian accident lawyer

Hudson Valley pedestrian accident attorney

pedestrian injury claim New Paltz

New York pedestrian accident compensation

pedestrian collision lawyer near me

pedestrian accident legal help NY

Allan J. Ahearne pedestrian accidents

personal injury pedestrian New Paltz

FAQS

What should I do immediately after a pedestrian accident in New Paltz?

First, make sure you and others are safe and seek medical care right away, even if injuries seem minor at first. Call 911 and request police assistance so there is an official report, and exchange contact and insurance information with the driver if possible. If you are able, take photographs of the scene, vehicle positions, traffic signals, visible injuries, and any hazardous conditions. Collect names and contact details for witnesses and preserve clothing or personal items damaged in the crash for possible evidence. After immediate steps, notify your medical providers about the crash and keep thorough records of appointments, diagnoses, treatments, and expenses. Report the incident promptly to your insurance carrier and, if applicable, your automobile insurer so that any uninsured or underinsured coverages can be considered. Early documentation and communication help protect your rights and support a thorough assessment of damages and responsibility.

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

In New York the statute of limitations for most personal injury claims, including pedestrian accidents, requires filing a lawsuit within three years from the date of the injury, though there are exceptions and separate rules for claims against government entities. Claims against municipalities or their employees may require shorter notice periods and strict pre-claim procedures that must be followed to preserve the right to sue. Because timelines can vary by defendant and circumstance, timely consultation and action are important to avoid losing legal rights. If you believe a government entity may share responsibility, notify the appropriate office promptly and consult counsel to ensure any special notice requirements are satisfied. Even when standard timelines apply, collecting and preserving evidence early is essential for preparing a timely and effective claim, so act quickly to secure records, witness information, and medical documentation.

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

Recoverable compensation in pedestrian cases commonly includes past and future medical expenses, lost wages, reduced earning capacity, and non-economic damages such as pain and suffering and loss of enjoyment of life. In some cases additional losses like household services, rehabilitation costs, and specialized medical equipment may also be included. The exact categories depend on the nature and severity of the injuries and the evidence supporting those losses. To pursue these damages effectively, maintain complete documentation of medical care, bills, employer records, and any estimates for future treatment. Detailed records and medical opinions that explain the need for ongoing care help insurers and courts evaluate the value of future costs and non-economic impacts, supporting a fuller recovery for long term effects.

How does fault affect a pedestrian injury claim in New York?

New York follows a comparative negligence rule, which means that if a pedestrian is found partly at fault for an accident, any award of damages will be reduced in proportion to that share of fault. For example, if a pedestrian is assigned twenty percent responsibility, the total recoverable amount is reduced by twenty percent. This rule emphasizes the importance of evidence that minimizes any assignment of fault to the pedestrian. Because fault allocation can significantly affect recovery, documentation such as witness statements, photographs, traffic citations, and scene evidence is crucial to support a pedestrian’s account. Addressing potential fault issues early and securing corroborating evidence can help limit reductions and improve the prospects for a fair outcome.

Should I speak with the other driver's insurer after the crash?

You should be cautious when speaking with the other driver’s insurer and avoid providing recorded statements or detailed descriptions of your injuries until you have had a chance to document medical treatment and understand the full scope of your losses. Insurers often record early statements and may use those remarks to minimize or deny claims. It is appropriate to provide basic contact information and cooperate with lawful requests, but reserve detailed discussions until you have medical documentation and understand the full impact of your injuries. Notify your own insurer as required and keep a careful record of any communications with the other party’s company. If an insurer contacts you with a settlement offer, consider seeking guidance before signing anything to ensure the amount fairly reflects medical bills, lost income, and other damages related to the collision.

How can I document my injuries and losses effectively?

Effective documentation starts with medical records that link treatment to the crash, including emergency room reports, imaging results, specialist notes, and therapy or rehabilitation records. Keep copies of all bills, receipts for medications, invoices for equipment or travel to appointments, and detailed notes about symptoms and how injuries affect daily activities. Photographs of visible injuries and of the scene are valuable corroborating evidence, as are witness statements and any video footage from nearby cameras. Organize employment records that show time missed from work and any lost earnings, plus statements from treating providers about expected recovery timelines and future care needs. Comprehensive, chronological documentation strengthens the ability to calculate damages accurately and supports settlement negotiations or litigation when needed.

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

If the driver fled the scene, report the incident to police immediately and provide as much detail as possible, including vehicle descriptions, license plate fragments, direction of travel, and witness contact information. Police can investigate and may be able to locate the vehicle through local records or surveillance footage. Even when the driver remains unidentified, uninsured motorist or hit-and-run coverage on your own policy may provide a path to compensation for medical bills and lost wages. Prompt reporting also preserves investigative opportunities such as collecting road or surveillance evidence before it is lost. Work with law enforcement and your insurer, and gather witness statements and any nearby camera sources that may have captured the vehicle to improve the chance of locating the responsible party or establishing alternate recovery options.

Will my medical records be enough to prove my case?

Medical records are a cornerstone of most pedestrian injury claims because they document diagnoses, treatment plans, and the nexus between the crash and your injuries. Detailed records showing initial assessment, ongoing treatment, referrals, and expert opinions about future needs are persuasive to insurers and courts. However, medical records alone are not always sufficient; they are most effective when combined with scene evidence, witness statements, and proof of lost earnings or daily life impacts. To strengthen a medical-based claim, follow through with recommended care, attend appointments, and clearly communicate how symptoms affect your life and work. Consistency between reported symptoms, treatment notes, and documented limitations makes it easier to demonstrate the extent of injury and justify compensation for both current and future losses.

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

Yes. Under New York comparative negligence rules you can still recover damages even if you are partially at fault, but your award will be reduced according to the percentage of responsibility assigned to you. That is why it is important to gather evidence that clarifies the circumstances and reduces any implication of pedestrian fault. Thorough documentation of the scene, witness accounts, and supporting records can help mitigate assigned responsibility. Discuss any potential fault issues promptly so relevant evidence can be preserved and evaluated. Early investigation can identify contributing factors such as poor lighting, obscured signage, or driver misconduct that shift responsibility away from the pedestrian and improve the potential recovery after adjustments for comparative fault.

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

The timeline for resolving a pedestrian accident claim varies based on the complexity of liability, the severity of injuries, the willingness of insurers to negotiate, and whether litigation becomes necessary. Some straightforward claims with clear liability and modest damages can resolve in a few months, while cases that require extensive medical treatment, disputed fault, or litigation can take a year or longer. Patience is often necessary to ensure fair compensation, especially when future medical needs must be quantified. A careful approach involves allowing time for medical treatment to stabilize and for a realistic assessment of future care costs before attempting to finalize a settlement. Working with counsel or an informed advisor can help manage timelines, set realistic expectations, and determine when it is appropriate to accept an offer or pursue additional action in court.

Personal Injury Services in New Paltz

Explore our injury practice areas

⚖️ All Personal Injury Services