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 Larchmont

Larchmont Pedestrian Claims

Complete Guide to Pedestrian Accident Claims

If you were injured as a pedestrian in Larchmont, New York, you need clear information about your rights and the steps to protect them. This guide explains common causes of pedestrian accidents, how liability is determined in New York, and what to expect when pursuing compensation for medical bills, lost wages, and pain and suffering. The Ahearne Law Firm PLLC serves Hudson Valley residents and can help you understand deadlines and documentation needs; call (845) 986-2777 to discuss your situation and learn practical next steps for preserving evidence and making informed decisions about your claim.

Pedestrian collisions can lead to serious injuries and financial strain, and timely action is important for preserving claims. This paragraph outlines immediate actions to take after a collision, such as seeking medical attention, reporting the crash to police, and collecting witness information and photographs when it is safe to do so. Understanding how insurance companies view pedestrian claims and knowing which records will matter most can improve your position in negotiations. Allan J. Ahearne, Jr. and the Larchmont office can explain the local process and help coordinate requests for records and bills to document your losses.

Benefits of Legal Support After a Pedestrian Crash

Hiring a lawyer can help injured pedestrians by making sure critical steps are taken early, such as obtaining police reports, preserving evidence, and working with medical providers to document injuries. Legal representation often means someone is communicating with insurers on your behalf to prevent quick lowball settlements and to pursue full compensation for both current and future needs related to the collision. Having a dedicated advocate can reduce stress, organize medical and financial records, and provide guidance about liability and possible avenues for recovery under New York law so you can focus on recovery.

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

Ahearne Law Firm PLLC assists people injured in the Hudson Valley area, including Larchmont, with personal injury matters such as pedestrian accidents. Attorney Allan J. Ahearne, Jr. focuses his practice on helping injured individuals gather evidence, negotiate with insurers, and pursue claims in state court when needed. The firm emphasizes clear communication, local knowledge, and a practical approach to case management so clients understand timelines, likely costs, and options. If you have questions about filing a claim in New York after a pedestrian collision, the firm can explain the process and next steps during a consultation.

Understanding Pedestrian Accident Claims

A pedestrian accident claim arises when a person on foot is injured because of another party’s careless or negligent actions, such as a motorist failing to yield, unsafe turning, or driving while distracted. Determining who is responsible involves examining traffic laws, witness statements, scene evidence, and any available surveillance or dash camera footage. In New York, fault can be shared, and the amount recoverable may be reduced if the pedestrian is found partially at fault. Knowing what evidence to collect, when to obtain medical documentation, and which deadlines apply helps preserve the strongest possible claim.

Important elements of a pedestrian claim include proof of the accident, documentation of injuries and medical treatment, and a connection between the defendant’s conduct and your losses. Police crash reports, photographs of the scene and injuries, contact information for witnesses, and medical records showing diagnosis and treatment plans are commonly used to support a case. New York’s statute of limitations sets strict time limits for filing a civil case, so it is important to gather records promptly and understand potential notice requirements for claims against certain government entities or public roads.

Need More Information?

Key Terms and Glossary

Liability

Liability refers to legal responsibility for causing harm in a pedestrian accident. In practical terms, establishing liability means showing that a driver or other party owed a duty of care, breached that duty through negligent or unlawful conduct, and that breach caused the pedestrian’s injuries. Evidence such as traffic citations, witness testimony, surveillance footage, and physical scene indicators can demonstrate fault. Once liability is established, the responsible party may be obligated to cover medical costs, lost income, and other damages tied to the collision under New York law.

Comparative Negligence

Comparative negligence is a legal principle used in New York that reduces a claimant’s recovery by the percentage of fault attributed to them for an accident. If a pedestrian is found partially at fault, their awarded damages are decreased proportionally to their share of responsibility. For example, if a jury determines the pedestrian was 20 percent at fault for failing to use a crosswalk, the total award would be reduced by that percentage, leaving 80 percent of the damages available for recovery. This rule makes it important to document evidence that minimizes the pedestrian’s share of responsibility.

Damages

Damages are the monetary compensation a person may seek after a pedestrian accident to cover losses caused by the collision. Economic damages include quantifiable losses such as medical bills, rehabilitation costs, and lost earnings, while non-economic damages address less tangible harms like pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may be sought if the defendant’s conduct was particularly reckless. Accurate records, medical testimony, and documentation of how injuries affect daily life support a claim for appropriate damages.

Negligence

Negligence is the failure to exercise reasonable care under the circumstances, resulting in harm to another person. In pedestrian accident claims, negligence may include actions like speeding, running a red light, distracted driving, or failing to yield to a pedestrian in a crosswalk. To prove negligence, a claimant must show duty, breach, causation, and damages. Demonstrating these elements typically relies on a combination of witness accounts, traffic citations, physical evidence from the scene, and medical records linking the collision to the injuries claimed.

PRO TIPS

Seek Immediate Medical Care

After a pedestrian collision, obtain medical attention without delay even if injuries seem minor at first because some conditions can worsen over hours or days. Prompt treatment creates a clear medical record linking your symptoms to the accident, which is important when presenting claims to insurers or in court. Early care also helps ensure your health is addressed and supports documentation of necessary treatments and prognosis.

Preserve Evidence

Collect and preserve evidence at the scene when it is safe to do so, including photographs of vehicle positions, traffic signals, road conditions, and any visible injuries, and obtain contact information for witnesses. Keep copies of medical records, bills, and correspondence with insurance companies to maintain a clear timeline of events and treatment. Preserving evidence promptly strengthens a claim and helps reconstruct the circumstances that led to the collision.

Document Damages

Keep detailed records of all accident-related expenses and impacts to daily life, including medical visits, therapy sessions, prescription costs, and any time missed from work. Maintain a journal describing pain levels, limitations on activities, and emotional effects to provide a fuller picture of non-economic losses. Organized documentation facilitates accurate claims and ensures that all recoverable categories of damages are considered during settlement discussions or litigation.

Comparing Legal Options After a Pedestrian Accident

When Full Representation Is Advisable:

Serious or Catastrophic Injuries

When injuries are severe, involve long-term care, or result in significant changes to work capacity and daily activities, a comprehensive approach to a claim helps address both current and future needs. Full representation coordinates medical documentation, economic analyses, and negotiations to pursue fair compensation for ongoing treatment and life changes. In those situations, having someone manage the legal process can help ensure complex elements of a claim are addressed thoroughly and consistently.

Complex Liability Disputes

Cases with multiple parties, disputed fault, or conflicting witness accounts can require additional investigation to identify responsible parties and build a convincing case. A full-service approach includes gathering and analyzing evidence such as accident reconstruction data, surveillance footage, and witness interviews to clarify liability. Handling these tasks proactively increases the likelihood of a fair outcome, whether through negotiation or court proceedings.

When a Limited Approach May Be Sufficient:

Minor Injuries and Clear Fault

If the pedestrian sustained relatively minor injuries and fault is clearly admitted by the driver or supported by straightforward evidence, a limited approach focused on settlement negotiation may resolve the claim efficiently. Gathering necessary medical records and a concise demand package can be enough to reach a fair settlement in such cases. This less intensive path can reduce time and expense when complexity is minimal and recovery needs are well documented.

Straightforward Insurance Claims

When the insurer accepts responsibility and offers reasonable compensation for documented losses, handling the claim through settlement negotiation without lengthy litigation can be practical. In such situations, focusing on organizing bills, treatment notes, and wage loss documentation may be sufficient to secure payment. Even then, careful review of any proposed settlement is important to ensure it covers known and reasonably anticipated future needs.

Common Circumstances in Pedestrian Accidents

Crosswalk Collisions

Collisions in marked crosswalks often involve drivers failing to yield, running signals, or turning without sufficient caution, and these incidents can produce serious injuries for pedestrians. Documentation such as traffic camera footage, witness statements, and police reports is frequently important to establish fault and support a claim for damages.

Parking Lot Incidents

Pedestrian accidents in parking lots commonly occur when drivers are reversing, pulling out of spaces, or driving without adequate attention, and property owners may also bear responsibility when inadequate lighting or obstructed sightlines contribute. Photographs of the scene, statements from witnesses, and any available store surveillance footage can be essential to identify how the collision happened and who should be held accountable.

Hit-and-Run Incidents

Hit-and-run collisions complicate recovery efforts because the responsible driver may be unknown, making witness accounts, surveillance footage, and police investigation especially important to locate the vehicle. In some cases, uninsured motorist or other insurance coverages can provide compensation when the at-fault driver cannot be identified or located.

Larchmont Pedestrian Accident Lawyer

Why Choose Ahearne Law Firm

Ahearne Law Firm PLLC offers Larchmont residents guidance on pedestrian accident claims with a focus on clear communication and practical case management. The firm handles the collection of police reports, medical records, and witness information and works with medical providers to document treatment and prognosis. Allan J. Ahearne, Jr. and the team aim to keep clients informed at each stage, explain potential outcomes under New York law, and assist in pursuing fair compensation while respecting personal recovery priorities and timelines.

Clients working with the firm can expect attention to scheduling, assistance with paperwork, and representation during discussions with insurers to seek a fair resolution. The practice is prepared to investigate scenes, obtain necessary records, and, when appropriate, file claims or motions in court to protect clients’ rights. If you would like to discuss your pedestrian injury case, call the Larchmont office at (845) 986-2777 for an initial conversation about next steps and documentation to begin assembling a claim.

Contact Us to Discuss Your Claim

People Also Search For

Larchmont pedestrian accident lawyer

pedestrian accident claim Larchmont

Hudson Valley pedestrian injury attorney

pedestrian collision legal help New York

pedestrian hit by car Larchmont

pedestrian injury settlement New York

pedestrian accident compensation Hudson Valley

Allan J. Ahearne pedestrian claims

FAQS

What should I do immediately after a pedestrian accident in Larchmont?

Immediately after a pedestrian accident, prioritize your health by seeking medical attention and obtaining necessary treatment. If it is safe, call emergency services and the police so that an official report is created; police reports and medical records are central pieces of evidence for later claims. Gather contact information from witnesses and, when possible, take photographs of the scene, vehicle positions, traffic control devices, and any visible injuries. These actions help document the incident and create a timeline linking the collision to your injuries. Once urgent medical needs are addressed, keep careful records of all treatment, bills, and time away from work and avoid giving recorded statements to insurers without guidance. Notify your insurer as required, preserve clothing and items damaged in the collision, and refrain from posting detailed accounts on social media that could be used against your claim. Contacting Ahearne Law Firm early can assist with preserving evidence and managing communications with insurers while you focus on recovery.

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

In New York, the general statute of limitations for personal injury claims, including pedestrian accidents, is two years from the date of the accident, meaning a lawsuit must typically be filed within that period to preserve rights. There are variations and additional notice requirements when claims involve government entities or certain public property, so strict timelines and procedural rules can apply in those contexts. Missing the filing deadline can result in being barred from pursuing compensation, which is why prompt attention to deadlines matters. Because deadlines can vary based on the circumstances, gathering documentation and contacting counsel early ensures that any necessary notices are filed and that the claim is prepared within the required time frame. Even when you are focused on recovery, early preservation of evidence and timely legal action protect your ability to seek compensation for medical costs, lost wages, and other harms resulting from the collision.

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

Yes, in New York you can often recover damages even if you were partly at fault for a pedestrian accident under the comparative negligence rule, which reduces the recoverable award by your percentage of fault. For example, if you are found to be 25 percent at fault, any award would be reduced by 25 percent. This makes it important to present evidence that minimizes your share of responsibility and clarifies the other party’s role in causing the collision. Because fault is divided proportionally, it is essential to document the circumstances thoroughly, including police findings, witness accounts, photographs, and any available video footage. Legal assistance can help collect and frame evidence to argue for a lower assigned percentage of fault, preserving a larger portion of potential compensation for medical care, lost earnings, and non-economic impacts.

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

Compensation after a pedestrian collision can cover economic damages like past and future medical expenses, rehabilitation, prescription costs, and lost wages, including diminished earning capacity when injuries affect long-term work abilities. Non-economic damages address pain and suffering, emotional distress, and loss of enjoyment of life resulting from the accident and its aftermath. In limited circumstances where conduct was particularly reckless, additional remedies may be pursued to address punitive or exemplary concerns. To accurately value a claim, documentation is needed for medical prognoses, expected ongoing care, receipts for out-of-pocket expenses, and evidence of how injuries impact daily activities and work. Medical opinions and economic assessments may be used to estimate future needs, and thorough records help support a fair settlement or court award that accounts for both present and anticipated losses.

Will my medical bills be covered if I accept an early insurance settlement?

Accepting an early insurance settlement can resolve immediate bills, but it may also close the door on recovering future medical expenses or longer-term impacts if the settlement does not fully account for ongoing care or delayed complications. Insurers often seek to limit payouts by offering quick resolutions, so reviewing any settlement offer carefully is important to ensure it compensates for all present and reasonably anticipated future needs tied to the collision. Before accepting a settlement, consider obtaining medical opinions on prognosis and potential future treatments, and consult with legal counsel to evaluate whether the offer fairly addresses both economic and non-economic losses. A careful approach reduces the risk of accepting less than what you may ultimately need to cover future care and related impacts on quality of life.

How does the firm handle communication with insurance companies?

The firm typically handles communications with insurance companies to protect clients from misstatements that could affect the claim and to manage settlement negotiations on their behalf. This includes responding to insurer requests for records, presenting demand packages that summarize injuries and losses, and negotiating to seek fair compensation while keeping clients informed about developments and options. Handling insurer contact also allows clients to focus on recovery while the firm pursues documentation and negotiations needed to support the claim. When necessary, the firm will evaluate settlement proposals and advise whether an offer appropriately covers past and future costs and non-economic harms. If negotiations do not reach a satisfactory result, the firm can explain the litigation process and next steps to protect clients’ rights through the court system, including filing suit within required deadlines and pursuing discovery to strengthen the case.

What evidence is most important for a pedestrian accident claim?

Key evidence for a pedestrian accident claim includes police reports, photographs of the scene and injuries, medical records that document diagnosis and treatment, witness statements, and any available video or dashcam footage that captures the incident. This combination helps establish how the accident happened, who was at fault, and the connection between the collision and the injuries claimed. Prompt collection of evidence reduces the risk of loss or contamination over time. Additional useful records include employment documentation showing lost wages, repair or replacement receipts for damaged personal items, and testimony from treating medical providers about expected recovery and long-term impacts. The more complete and organized the evidence, the stronger the position when negotiating with insurers or presenting the case in court.

What if the at-fault driver fled the scene?

If the at-fault driver fled the scene, it is important to report the hit-and-run to police immediately and provide any available details such as license plate numbers, vehicle descriptions, or surveillance evidence. Police investigations can sometimes locate the driver, and witness accounts or camera footage may reveal critical information. If the driver cannot be identified, uninsured motorist coverage or certain other insurance protections may help provide compensation, depending on your policy terms. Working with counsel can help coordinate with law enforcement, collect available evidence, and evaluate insurance options that may apply when the responsible party is unknown. Legal guidance also helps ensure timely reporting and documentation to preserve claims and access potential recovery sources while the identification process continues.

Do I need to see a doctor even if I feel fine after the crash?

Yes, you should see a medical professional even if you feel fine immediately after the crash because some injuries, such as internal trauma, concussions, or soft tissue damage, can present delayed symptoms. A medical evaluation establishes an early record linking the collision to any injuries and helps identify conditions that require monitoring or treatment. Timely documentation of your condition supports claims for necessary care and replacement of lost income related to recovery. Delaying care can complicate claims because insurers may argue that injuries were not caused by the collision or that a lack of treatment indicates lesser severity. Obtaining a prompt medical assessment and following recommended treatment plans not only protects your health but also strengthens the factual record needed to pursue compensation for medical costs and resulting impacts on daily life.

How can I schedule a consultation with Ahearne Law Firm about a pedestrian accident?

To schedule a consultation with Ahearne Law Firm about a pedestrian accident, call the Larchmont office at (845) 986-2777 to arrange a convenient time to discuss the circumstances of your case and what documentation to bring. During the initial conversation, the firm can outline potential next steps such as preserving evidence, obtaining medical records, and evaluating applicable deadlines. Providing basic details ahead of a scheduled meeting helps focus the session on key issues and documentation. If you prefer, you may also send an inquiry through the firm’s website with contact information and a brief summary of the incident; the firm will follow up to schedule a meeting and provide guidance on records to gather. Early contact ensures timely preservation of evidence and helps clarify legal options while you focus on recovery and medical care.

Personal Injury Services in Larchmont

Explore our injury practice areas

⚖️ All Personal Injury Services