If you were injured as a pedestrian in Goldens Bridge, New York, you may be facing medical bills, time away from work, and disruption to your daily life. The Ahearne Law Firm PLLC focuses on personal injury matters across Westchester County and the Hudson Valley and can help you understand the options available after a collision involving a vehicle. Attorney Allan J. Ahearne, Jr. and the firm emphasize clear communication, careful investigation, and timely action to protect your rights. Call (845) 986-2777 to discuss the incident and learn what immediate steps can help preserve evidence and support a future claim.
Legal representation after a pedestrian accident can make a meaningful difference in how your claim is handled and what recovery you may ultimately obtain. A lawyer can help coordinate medical documentation, obtain and preserve critical evidence such as surveillance footage or accident reconstructions, and communicate with insurance companies to prevent premature or low settlement offers. An attorney can also identify all responsible parties and address liens or subrogation claims that affect net recovery. Because each case involves its own facts, early legal involvement promotes a complete understanding of damages including medical costs, lost wages, and non-economic losses like pain and suffering.
Negligence refers to the failure to use the level of care that a reasonably prudent person would use in similar circumstances, which leads to harm. In a pedestrian accident case, negligence might include distracted driving, speeding, failure to yield at a crosswalk, or impaired operation of a vehicle. To recover damages, a plaintiff generally must show that the driver had a duty to behave carefully, that the driver breached that duty, that the breach caused the pedestrian’s injuries, and that the injuries resulted in measurable damages such as medical bills and lost income.
Comparative fault is a legal principle that apportions responsibility when more than one party shares blame for an accident. Under New York law, a plaintiff’s recovery is reduced by the percentage of fault assigned to them. For example, if a jury finds a pedestrian 20 percent at fault and awards $100,000 in damages, the pedestrian would recover $80,000 after the reduction. Comparative fault determinations look at the actions of all parties, and careful documentation and testimony can help limit any assigned percentage of fault that could reduce a recovery.
Damages are the monetary losses a person may seek to recover after an accident. In pedestrian cases, damages often include past and future medical expenses, reimbursement for lost wages, compensation for diminished earning capacity, and amounts for pain and suffering or loss of enjoyment of life. Calculating damages involves reviewing medical records, employment records, and expert opinions when appropriate, to estimate future care needs and financial impacts. Proper documentation and valuation help ensure that a demand or claim reflects the full scope of losses caused by the collision.
A statute of limitations is the deadline for filing a lawsuit. In New York, the typical time limit to file a personal injury action arising from a pedestrian collision is three years from the date of the accident. If a claim is not filed within that time frame, the legal right to pursue damages may be lost, subject to limited exceptions. Timely investigation and prompt preservation of evidence help meet procedural deadlines and position a claim for negotiation or litigation if settlement efforts do not resolve the matter.
Prioritizing medical evaluation after a pedestrian collision not only addresses health needs but also creates an important record linking injuries to the incident. Even if injuries seem minor at first, symptoms can emerge later, and early imaging and provider notes support a later claim for care and recovery. Keep all medical records, prescriptions, and appointment summaries, as these documents form the foundation for documenting past and future treatment needs when seeking compensation.
If you are able, capture photographs of the scene, vehicle damage, visible injuries, skid marks, signage, and road conditions soon after the collision. Obtain contact information for any witnesses and note the responding police department and report number. These materials help reconstruct the incident, support statements about what happened, and provide crucial evidence to insurers or the court when establishing fault and damages.
Speaking with an attorney early can help preserve evidence and avoid missteps in dealing with insurance adjusters or releasing statements that might affect your case. Early involvement allows time to obtain video footage, expert analysis, and medical documentation that can be harder to gather later. A prompt review of the incident and documentation helps develop a strategic approach tailored to the facts of your claim and supports more effective negotiation or litigation planning as needed.
When injuries require ongoing treatment, surgeries, or long-term rehabilitation, a full-service legal approach helps quantify future medical needs and life changes that affect compensation. Long term care needs and vocational impacts require detailed records, expert assessments, and careful valuation to ensure future costs are included in a settlement or verdict. A coordinated approach also manages liens and complex medical billing issues so net recovery reflects the claimant’s actual needs and losses over time.
Cases involving multiple vehicles, government defendants, or unclear fault allocation often benefit from thorough investigation and litigation readiness. Identifying all potentially responsible parties may require subpoenas, witness interviews, and technical reconstruction of the scene. When liability is disputed, careful planning and presentation of evidence increase the likelihood of a fair resolution, either in settlement or at trial, and help protect the claimant from accepting an inadequate offer out of uncertainty.
In cases where injuries are minor and medical treatment is brief with limited ongoing care, a more focused approach may be appropriate. This can involve a targeted demand to the insurer supported by medical bills and a clear record of lost time from work. When liability is clear and damage values are limited, streamlined negotiation can obtain fair compensation without the need for extensive litigation, while still protecting the claimant’s interests through careful documentation and advocacy.
When there is indisputable evidence showing the driver at fault and damages are modest, resolving the claim through prompt dialogue with the insurer may be efficient. The claimant should still document injuries and treatment fully, and confirm that settlement covers all medical costs and lost time. Even in straightforward cases, having legal advice can ensure settlement language is appropriate and that no future obligations or reductions are overlooked.
Collisions at marked and unmarked crosswalks happen when drivers fail to yield, run red lights, or make unsafe turns, causing serious injuries to pedestrians. Establishing right of way, witness accounts, and any traffic signals or signage is important to determine fault and support a claim for medical costs and other losses.
Hit-and-run crashes present additional challenges, but insurers and law enforcement can sometimes identify responsible vehicles through witness statements, surveillance footage, or vehicle debris. Timely reporting and preservation of any evidence increases the chances of locating the responsible driver and pursuing compensation through uninsured motorist coverage if necessary.
Pedestrian injuries on sidewalks and driveways can result from vehicles backing up, negligent drivers entering private or public spaces, or inadequate sightlines. In these situations, property access, duty of care, and the conduct of drivers must be examined to determine liability and seek recovery for injuries and related losses.
Clients choose the Ahearne Law Firm for its commitment to clear communication, thorough case preparation, and local knowledge of Westchester County procedures. Allan J. Ahearne, Jr. reviews each matter personally, coordinates medical and investigative resources, and seeks to negotiate fair outcomes while preparing for trial if necessary. The firm aims to be responsive to client questions, to explain the practical implications of settlement offers, and to pursue the full measure of recoverable losses, including ongoing care and financial impacts tied to an injury.
Immediately seek medical attention, even if injuries appear minor, because some conditions develop hours or days later and early treatment documents the connection between the accident and your injuries. If you are able, gather basic information at the scene such as the vehicle’s make and model, license plate, the driver’s name and insurance details, witness contact information, and photographs of the scene and injuries. Report the collision to the police and obtain the responding department and report number to support later claims. After medical care and reporting, preserve all records, bills, and notes about missed work and symptoms. Contact the Ahearne Law Firm to discuss the facts and learn how evidence can be secured, witness statements preserved, and insurance communications handled. Early steps can affect the ability to recover compensation and to meet procedural deadlines under New York law.
In New York, the general statute of limitations for personal injury lawsuits is three years from the date of the accident. This means a lawsuit must usually be filed within that period or the right to bring the claim may be lost. Certain exceptions can alter that timeline, so it is important to act promptly to preserve rights and avoid missed deadlines. Because of this time limit, begin gathering documentation and consider discussing your case with an attorney soon after the collision. Prompt investigation helps preserve evidence such as surveillance video, witness memories, and vehicle data that can be harder to obtain as time passes, and it positions a claim for negotiation or litigation if necessary.
New York applies comparative fault principles which reduce a recovery by the percentage of fault attributed to the injured person. If a pedestrian is found partly at fault, the total award is decreased proportionately, so recovery remains possible even when the pedestrian shares some responsibility. The exact reduction depends on the percentage assigned by an insurer, mediator, or jury. To minimize any assigned fault, document the scene, obtain witness statements, and secure medical records that link injuries to the accident. An advocate can present evidence and argument to limit fault allocation and protect as much recovery as possible under the circumstances and applicable law.
Compensation in pedestrian injury claims typically covers economic and non-economic losses. Economic damages include past and future medical expenses, rehabilitation costs, medication, and lost wages, while non-economic damages include pain and suffering, mental anguish, and loss of enjoyment of life. In severe cases, compensation may address long-term care needs and diminished earning capacity. Calculating a fair recovery involves reviewing medical records, employment documentation, and expert opinions when future needs must be estimated. Accurate documentation and realistic presentation of losses are essential to seeking compensation that reflects both immediate bills and ongoing impacts of the injury.
Yes, it is important to see a medical professional even if you feel okay immediately after an accident, because some injuries may present delayed symptoms and a medical record connecting the injury to the incident strengthens any later claim. Early assessment helps diagnose internal injuries, concussions, and soft tissue damage that might otherwise be missed, and it provides a baseline of care for follow-up treatment. Maintaining detailed records of all medical visits, treatments, prescriptions, and provider recommendations supports an accurate calculation of damages. If you delay treatment, insurers may argue the injuries were not caused by the collision or that they worsened for reasons unrelated to the incident, which can harm a claim.
Insurance companies typically investigate claims, request records, and may make early settlement offers, sometimes before the full extent of injuries is known. It is important to provide only necessary factual information early on and to consult about how to respond to adjuster inquiries, as premature statements or releases can limit recovery. Document all communications with insurers and keep copies of written offers and correspondence. An attorney can handle communications with insurers, prepare a demand that includes documented losses, and negotiate to seek fair compensation. If insurers decline reasonable settlement, counsel can prepare for litigation and represent the claimant’s interests in court to pursue a full evaluation of damages under the law.
If the driver fled the scene, report the incident promptly to law enforcement and provide any details you recall, including partial plate numbers, vehicle description, time, and location. Witnesses or nearby surveillance footage may help identify the vehicle, and police follow-up can often uncover leads that assist in locating the responsible driver. If the driver cannot be found, a claimant may be able to pursue recovery through uninsured motorist coverage if available. An attorney can help identify potential sources of compensation, coordinate with investigators, and advise about insurance options that address hit-and-run scenarios while working to locate the responsible party.
Many pedestrian injury cases are resolved through negotiation and settlement without a trial, but some matters require filing a lawsuit and presenting evidence in court when parties cannot agree on fair compensation. Settlement can be efficient when liability and damages are clear, while cases with disputed fault, serious injuries, or complex damages sometimes proceed to trial to obtain a fuller assessment of losses. Preparing for possible trial includes securing expert testimony, medical opinions, and a comprehensive evidentiary record. An attorney will evaluate the strength of a settlement offer against likely outcomes at trial and advise on the best course given the facts, timing, and client priorities.
Future medical needs are calculated by reviewing current diagnoses, recommended treatment plans, rehabilitation timelines, and input from treating physicians and other medical professionals. When long-term care, assistive devices, or future surgeries are probable, medical experts may prepare projections of costs to include in a claim. These projections consider the cost of care, frequency of services, and reasonable expectations about future health needs. An accurate assessment of future needs also considers the claimant’s age, employment prospects, and lifestyle impacts. Properly documenting future care requirements and their costs is essential to presenting a settlement demand or trial case that fairly accounts for long-term consequences of the injury.
The Ahearne Law Firm handles many personal injury matters on a contingency fee basis, meaning fees are typically a percentage of the recovery and legal costs are advanced by the firm until the case resolves. This arrangement allows clients to pursue claims without upfront attorney fees, and a clear fee agreement is provided so clients understand the share of any recovery that covers legal fees and case expenses. Clients are responsible for cooperating with the legal team, attending medical appointments, and providing requested records, while the firm manages investigation, negotiation, and litigation tasks. During an initial consultation the firm will explain fee structure, anticipated costs, and how net recovery is calculated after fees and any liens are resolved.
Explore our injury practice areas
⚖️ All Personal Injury Services