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Pedestrian Accidents Lawyer in New York

Protect Your Rights

New York Pedestrian Accident Guide

If you were struck by a vehicle while walking in New York, you may be facing medical bills, time away from work, and persistent pain that disrupts daily life. New York law provides paths to compensation, including no-fault benefits and claims against at-fault drivers, but timelines and procedures can be confusing when you are trying to heal. The Ahearne Law Firm PLLC serves the Hudson Valley and communities across New York, helping injured pedestrians understand their options and take clear next steps. From documenting the scene to coordinating medical care and insurance notices, careful early actions can strengthen your case. This guide outlines how claims work, what to expect, and how to protect your recovery.

Pedestrian crashes often involve unique issues, such as crosswalk rules, visibility disputes, and serious orthopedic or head injuries that may not be obvious on day one. Insurance companies move quickly to gather statements and limit exposure, which can shift the playing field before you know it. With attentive case management and a steady approach, you can focus on healing while your claim is built the right way. At Ahearne Law Firm PLLC, attorney Allan J. Ahearne, Jr. provides hands-on guidance tailored to your circumstances and goals. Whether your case is resolved through negotiation or presented in court, the strategy should reflect your needs, the evidence available, and the best route to fair compensation.

How a New York Pedestrian Accident Lawyer Helps

A focused legal approach can balance the scales after a pedestrian crash by coordinating medical benefits, preserving evidence, and translating complex insurance rules into practical steps. New York’s combination of no-fault coverage, bodily injury claims, and potential municipal procedures creates deadlines that can affect both treatment and compensation. Thoughtful representation helps identify all insurance sources, calculate current and future losses, and address comparative fault arguments that insurers frequently raise. It also helps you avoid common pitfalls, such as recorded statements that downplay injuries or missed filings that can limit recovery. With steady communication, strategic negotiation, and a readiness to present your case, you can pursue a fair outcome while keeping your focus on health.

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

Based in the Hudson Valley and serving clients across New York, Ahearne Law Firm PLLC represents people injured in pedestrian collisions with a practical, detail-driven approach. Attorney Allan J. Ahearne, Jr. is committed to thorough investigation, straightforward communication, and timely action that respects each client’s priorities. The firm coordinates medical records, accident reconstruction as needed, and insurance communications so you can concentrate on treatment. Whether your matter involves a crosswalk crash, a parking lot incident, or a hit-and-run, the goal is the same: pursue accountability and compensation supported by evidence. To discuss your situation and next steps that fit your goals, call (845) 986-2777 for a confidential case review.

Understanding Pedestrian Accident Claims in New York

New York pedestrian claims often involve two tracks: no-fault benefits for medical expenses and lost wages, and a separate claim against the at-fault driver for pain and suffering and additional losses. As a pedestrian, you may access no-fault benefits through the driver’s insurer, even if fault is disputed, subject to statutory deadlines and forms. At the same time, building a liability claim requires evidence such as scene photographs, video, witness statements, and medical documentation that ties injuries to the crash. Prompt medical evaluation is essential, because symptoms like concussions, soft-tissue injuries, and fractures can evolve. Preserving shoes, clothing, and damaged property can also help corroborate how the collision happened.

New York follows pure comparative negligence, meaning your compensation can be reduced by your share of fault but is not barred. Timelines matter: most injury claims have a three-year statute of limitations, while cases involving municipalities may require a Notice of Claim within 90 days. Uninsured or hit-and-run incidents may trigger uninsured motorist coverage or MVAIC claims, each with its own process. Damages can include medical costs, lost earnings, reduced earning capacity, and non-economic losses like pain and limitations on daily activities. Insurers often challenge causation and necessity of treatment, so consistent records and provider support are key. A steady, evidence-based approach helps position your claim for fair negotiation or litigation.

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Key Terms and Glossary

No-Fault Benefits (PIP)

Personal Injury Protection, commonly called no-fault, is coverage designed to pay medical expenses and a portion of lost wages quickly after a motor vehicle accident, regardless of who caused the crash. For pedestrians in New York, PIP is typically provided by the insurer of the vehicle that struck them, and it requires timely applications and supporting medical documentation. PIP does not compensate for pain and suffering, which may be sought through a separate liability claim. Keeping track of forms, medical bills, and doctor notes helps avoid delays or denials. Responding promptly to requests for verification and adhering to treatment recommendations can keep benefits flowing while your case develops.

Comparative Negligence

Comparative negligence is the rule that allows an injured person to recover damages even if they were partly at fault, with the recovery reduced by their percentage of responsibility. In New York’s pure system, a pedestrian who is found, for example, twenty percent at fault could still recover eighty percent of their damages. Insurers often invoke this concept to argue that a pedestrian should have seen the car, was outside the crosswalk, or did not wear visible clothing at night. Well-documented evidence, traffic codes, lighting conditions, and driver behavior can counter those claims. Your legal strategy should anticipate comparative arguments and address them through careful investigation and presentation.

Bodily Injury Liability

Bodily Injury Liability coverage is the part of an auto insurance policy that pays for injuries caused to others when the insured driver is at fault. For pedestrian collisions, a claim against the driver’s liability coverage may seek compensation for pain and suffering, medical expenses beyond no-fault limits, and lost earnings not covered by PIP. Policy limits vary, and identifying all available policies—such as multiple vehicles, household policies, or employer coverage when a commercial vehicle is involved—can make a meaningful difference. Clear documentation of injuries, treatment, and how life has changed since the crash supports these claims. Negotiation typically occurs after medical stability or sufficient documentation is available.

Notice of Claim

A Notice of Claim is a formal document that must be served on certain public entities within a short deadline—often 90 days—when you intend to bring a claim involving a municipality or public authority. In pedestrian cases, this can apply when the driver was a municipal employee on duty or when the claim involves roadway design, signage, or maintenance. Missing the deadline can limit or prevent recovery, so early evaluation of potential municipal involvement is important. The Notice outlines basic facts, injuries, and damages, and it precedes suit under specific procedures. Proper service, timely filing, and preservation of evidence help keep municipal claims viable while the case develops.

PRO TIPS

Document the Scene

If you are able, take wide and close photographs of the scene, vehicles, skid marks, traffic controls, and your injuries, because early images capture details that may change or disappear. Ask witnesses for names, phone numbers, and brief statements while memories are fresh, and request nearby businesses to preserve video before it is overwritten by routine systems. File a police report and obtain the MV-104 accident report number so your representative can follow up quickly, tie records to your claim, and seek any additional logs, dashcam footage, or dispatch recordings that may support how the collision occurred and how force transferred to your body.

Seek Medical Care Early

Get evaluated promptly, even if you feel you can walk it off, because concussions, internal injuries, and soft-tissue damage can worsen without early diagnosis and documentation. Follow through with recommended specialists and therapy, keep copies of bills and prescriptions, and maintain a symptom diary to show how pain and limitations affect work and daily activities. Consistent care not only supports recovery but also provides the objective medical records insurers rely on when valuing claims, helping connect your injuries to the crash and addressing attempts to minimize your losses or blame gaps in treatment for persisting symptoms.

Be Cautious With Insurers

Before giving recorded statements, review your rights and the scope of your coverage, since off-the-cuff answers can be used to question fault or the seriousness of injuries. Provide accurate, concise information, but avoid speculation about speeds, distances, or medical diagnoses that you are not certain about, and direct complex questions to your representative. Never sign broad medical authorizations without understanding what records will be disclosed, and do not accept quick settlements before the full extent of your injuries, treatment plan, and potential long-term effects are reasonably understood and documented through your healthcare providers.

Comparing Your Legal Options

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Serious or Complex Injuries

When injuries involve fractures, surgeries, neurological symptoms, or prolonged disability, a comprehensive approach helps coordinate medical proof, vocational assessments, and future cost projections. These cases often require working with treating providers, collecting imaging and surgical records, and understanding how limitations affect work and household responsibilities over time. A thorough presentation of damages, combined with liability analysis and, when appropriate, expert support, can place the full scope of your losses before the insurer or a jury and help avoid undervaluation tied to incomplete documentation or premature settlement pressure.

Disputed Fault or Multiple Parties

If the driver denies liability, claims you darted into traffic, or points to poor lighting and weather, comprehensive representation can secure scene measurements, obtain video, and interview witnesses. Multi-vehicle collisions, commercial trucks, rideshare drivers, or municipal entities introduce layered insurance policies and procedural rules that benefit from coordinated strategy. Addressing comparative negligence, roadway design questions, and policy stacking demands careful timing, preservation letters, and a deliberate evidence plan that strengthens negotiating leverage and prepares the matter for litigation if reasonable settlement does not materialize.

When a Limited Approach Can Work:

Minor Injuries With Clear Liability

When medical treatment is brief, imaging is normal, and fault is uncontested, a streamlined claim focused on medical records and wage documentation may resolve efficiently. Providing complete no-fault submissions, targeted demand packages, and timely responses can lead to fair outcomes without extensive litigation activity. Even in simpler matters, it is important to confirm that symptoms have truly resolved, future care is unlikely, and releases accurately reflect the scope of the settlement so you do not waive claims you did not intend to waive.

Straightforward No-Fault Claims

If your losses are largely medical bills and short-term wage loss covered by no-fault, focusing on timely forms, IME attendance, and strong provider notes may be enough. Following through with physical therapy and keeping appointment records helps maintain benefits and expedite reimbursement without extensive liability litigation. Should symptoms persist or new diagnoses emerge, your approach can adapt, transitioning from a limited claim to a broader liability pursuit that captures pain and suffering and any long-term impact on work and daily activities.

Common Pedestrian Accident Scenarios

Crosswalk Collisions

Drivers turning right on red or making quick left turns often misjudge a pedestrian’s presence or speed, leading to impacts within marked crosswalks where pedestrians have the right of way. Signal timing, lane position, and sightlines captured by cameras or witnesses can clarify what the driver should have seen, while footwear condition, step-off location, weather, and lighting help show how the collision forces caused knee, hip, or head injuries that sometimes reveal themselves gradually, underscoring the importance of prompt evaluation and consistent follow-up care mapped to symptoms and daily activity limits.

Parking Lot Incidents

Low-speed impacts in parking lots can still cause significant harm, particularly when reversing vehicles lack proper lookout or fail to yield to pedestrians walking behind. Surveillance video, vehicle sensor data if available, and property maintenance records may indicate patterns of congestion or poor signage, while medical records connect the mechanism of injury to back, shoulder, or neck complaints that interfere with lifting, driving, and work duties even when visible vehicle damage appears minimal to an insurance adjuster evaluating the claim from a desk.

Hit-and-Run Events

When a driver leaves the scene, fast action to locate cameras, canvass nearby businesses, and request 911 audio can increase the chance of identifying the vehicle or preserving proof for uninsured motorist claims. Claims through your own policy or the Motor Vehicle Accident Indemnification Corporation have strict notice requirements, so documenting medical care, reporting promptly, and tracking out-of-pocket expenses can help keep benefits available while law enforcement and insurance investigators continue their efforts to confirm coverage and responsibility.

New York Pedestrian Accident Attorney

Why Choose Ahearne Law Firm PLLC for Pedestrian Accidents

Your case deserves attentive handling from start to finish. At Ahearne Law Firm PLLC, we build claims with careful investigation, clear communication, and thoughtful strategy shaped around your medical needs and financial concerns. We coordinate with providers to document diagnoses, therapy progress, and long-term outlook, and we pursue all available insurance sources, including no-fault, liability, and uninsured motorist coverage. Evidence is preserved through timely requests, site review, and witness outreach, positioning your claim for meaningful negotiation. If litigation becomes appropriate, you will be guided through each step so you can make informed choices that align with your goals and timeline.

We represent clients across the Hudson Valley and throughout New York in crosswalk collisions, parking lot incidents, and hit-and-run events. Every case receives personal attention and a plan matched to the facts, whether that means a targeted demand or a broader presentation of damages and liability. From the first call to resolution, we aim to reduce the stress of dealing with insurers by handling paperwork, deadlines, and negotiations. If you or a loved one was injured as a pedestrian, contact Ahearne Law Firm PLLC at (845) 986-2777 to discuss your situation. We will review options and outline practical next steps with your recovery in mind.

Call (845) 986-2777 to Discuss Your Case

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FAQS

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

Prioritize safety and medical care first, then call 911 to report the collision and request emergency services. If you are able, take photographs of the scene, traffic signals, vehicle positions, and your injuries, and ask witnesses for contact information. Keep clothing and shoes from the incident, as they can show impact points or damage patterns. Obtain the police report number, and avoid detailed statements before you have gathered your thoughts. As soon as practical, contact a lawyer to discuss next steps, including no-fault applications and preservation of video from nearby businesses or traffic cameras. Within days, notify relevant insurers to start benefits, but be mindful of deadlines and what you say. Seek medical evaluation even if symptoms seem mild, since concussions and soft-tissue injuries can worsen. Create a folder for bills, prescriptions, and out-of-pocket costs, and keep a daily log of pain, sleep disruption, and missed work. Early documentation helps connect injuries to the crash and supports both medical benefits and any liability claim. A prompt, organized approach can reduce stress and strengthen your case from the outset.

Who pays my medical bills after a pedestrian accident?

In many New York pedestrian cases, the driver’s no-fault (PIP) insurance pays medical bills and a portion of lost wages regardless of fault, subject to timely applications and policy limits. You may also have access to health insurance to cover balances, with potential reimbursement depending on the outcome of your claim. Keep all medical invoices, explanation-of-benefits forms, and pharmacy receipts. Accurate, timely submissions help keep treatment moving and reduce interruptions. If a dispute arises, your representative can help address verification requests and schedule independent medical exams. If the at-fault driver is identified, a separate bodily injury liability claim may seek compensation for pain and suffering and additional losses that no-fault does not cover. In hit-and-run or uninsured scenarios, you may access uninsured motorist coverage or MVAIC benefits if eligibility is met. Each coverage source has its own procedures and deadlines, so early review is important. Coordinating benefits avoids gaps, manages subrogation, and focuses the liability claim on a fair overall recovery that reflects your medical needs and financial impact.

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

Most New York personal injury claims must be filed within three years from the date of the accident, but exceptions exist, and certain claims have shorter deadlines. If a municipality or public authority is involved, a Notice of Claim may be required within 90 days, followed by specific timelines for filing suit. Claims involving minors, wrongful death, or incapacitated persons can alter deadlines. Because calculating the correct deadline depends on facts, early evaluation helps avoid losing rights due to a missed date. Practical steps should start well before the statute expires. Evidence such as surveillance video can be overwritten quickly, and witness memories fade. Medical stability and documentation also affect timing, since insurers often evaluate cases after a treatment course or when injuries are understood. Begin preserving records, filing no-fault forms, and gathering proof immediately, even as you continue treatment. This preparation positions your case for negotiation and keeps litigation options available if a fair settlement cannot be reached within a reasonable timeframe.

What if the driver says I was outside the crosswalk or partly at fault?

New York’s pure comparative negligence law allows recovery even if you share some responsibility, with damages reduced by your percentage of fault. Insurers often argue a pedestrian was outside the crosswalk, wore dark clothing, or stepped off the curb unexpectedly. Those arguments can be addressed with traffic signal data, sightline analysis, video footage, and testimony showing the driver’s duty of lookout and speed control. Photographs of the scene, weather records, and roadway layout can help demonstrate what a careful driver should have observed. Even when location is disputed, a careful fact review can counter broad claims that shift blame. Marked versus unmarked crosswalks, right-of-way rules, and turning-vehicle duties all factor into responsibility. Detailed medical documentation links injuries to the mechanism of impact regardless of minor location disputes. Do not assume partial fault ends your claim; instead, build evidence that clarifies visibility, timing, and driver conduct. A balanced presentation can reduce alleged percentages of fault and support a fair evaluation of your injuries and losses.

How is the value of a pedestrian accident case determined?

Case value generally reflects the severity of injuries, length and type of treatment, recovery outlook, lost wages, and how limitations affect work and daily life. Objective medical records, diagnostic imaging, specialist notes, and consistent therapy attendance increase credibility. Liability strength also matters: clear evidence of driver fault usually leads to better offers than cases with unresolved disputes. Insurance policy limits set practical ceilings unless additional coverage is identified, such as employer or household policies. Non-economic damages—pain, discomfort, and loss of enjoyment of life—are weighed alongside medical costs and economic losses, including future care and reduced earning capacity when supported by documentation. Settlement timing often aligns with medical stability so the parties can assess lasting effects. Presenting a thorough, organized demand with supporting records, photographs, and statements helps insurers understand the full impact. While no lawyer can promise a result, diligent preparation and a willingness to litigate if appropriate can improve the likelihood of a fair resolution.

What happens if the driver flees the scene or has no insurance?

If the driver flees, report the incident immediately and request that nearby video be preserved. You may still recover through your own uninsured motorist coverage or the Motor Vehicle Accident Indemnification Corporation if certain criteria are met. Prompt notice is important. Continue medical treatment, save all bills and receipts, and track symptoms in a diary to connect injuries to the crash. Law enforcement efforts, witness outreach, and canvassing can sometimes identify the vehicle or confirm a claim path. When a driver is identified but lacks insurance, uninsured or underinsured motorist coverage can step in up to policy limits. Your representative can help review policy documents, coordinate notices, and meet proof requirements. Because these claims involve your own insurer, careful communication still matters. Keep records organized, attend required medical exams, and respond to reasonable information requests. These steps help maintain claim momentum while you focus on healing and while efforts continue to confirm coverage sources and pursue all available avenues of recovery.

Should I talk to the insurance company or give a recorded statement?

Speak cautiously and consider obtaining guidance before giving recorded statements. Insurance adjusters are trained to ask questions that may narrow or minimize claims, especially early on when the full scope of injuries is unknown. Provide basic facts as required, but avoid guessing about speeds, distances, or medical diagnoses. Ask for questions in writing if you feel rushed, and do not sign broad authorizations without knowing what records will be disclosed. Accuracy and consistency protect your credibility. If you decide to proceed with a statement, prepare by reviewing the police report, your medical visits, and photographs so dates and details are correct. Keep answers concise and honest, and do not volunteer speculation. You can always supplement later when additional records arrive. If an adjuster pressures you for immediate responses, request reasonable time to consult and gather documents. Thoughtful communication reduces misunderstandings and prevents statements from being used unfairly against you during settlement discussions or litigation.

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

Yes. Many injuries are not immediately apparent, and a prompt examination creates a medical baseline that ties later symptoms to the crash. Adrenaline can mask pain, and conditions like concussions, internal injuries, or ligament strains may emerge over days. Early evaluation supports treatment decisions and ensures the no-fault carrier receives timely documentation. Keep copies of discharge instructions, prescriptions, and referrals, and follow through with recommended specialists and therapy. Insurers rely on medical records to assess claims, and long gaps in care can be used to argue that injuries were minor or unrelated. Consistent follow-up protects both your health and your case. Describe all symptoms, even those that seem small, because patterns matter to providers. If transportation or scheduling is a challenge, document those obstacles. Well-documented care gives a clearer picture of your needs and avoids disputes that can delay benefits or reduce settlement value.

How long will my pedestrian accident case take to resolve?

The timeline varies based on medical recovery, liability disputes, and court schedules. Many cases resolve after treatment stabilizes and records are complete, which allows the parties to evaluate long-term effects. If liability is clear and injuries are well documented, negotiations may move faster. When fault is contested or multiple insurers are involved, additional investigation, depositions, or motion practice may be necessary. Municipal cases and complex injuries typically take longer due to procedural steps and expert evaluations. Early preparation helps either path. Preserving evidence, obtaining video, and organizing medical records position your case for negotiation. If fair settlement is not reached, filing suit may be appropriate, after which discovery and court timetables guide next steps. Throughout the process, you will receive updates and recommendations so you can make informed choices. The goal is a fair resolution, not a rushed outcome that overlooks future needs or leaves important compensation on the table.

How does your fee work for pedestrian accident cases?

Most pedestrian accident cases are handled on a contingency fee basis, meaning you pay no attorney’s fee unless there is a recovery, with the fee being a percentage of the amount obtained. Case expenses—such as medical records, filing fees, or expert costs—are typically advanced by the firm and reimbursed from the recovery, though arrangements are explained in writing. You will receive a retainer agreement outlining the fee, expenses, and your rights so everything is clear from the start. Transparency is important, so questions about costs and timing are discussed at intake and as the case progresses. Different stages of a case can affect expenses, such as when litigation or depositions become necessary. You will be consulted before significant costs are incurred. The aim is to align strategy with your goals and to pursue a result that accounts for medical needs, wage loss, and future impacts. If you have questions about fee structures, we are happy to explain how they apply to your matter.