FAQ: Pedestrian Accidents

In this blog, we take the time to answer the most common questions our clients ask us about pedestrian accidents.

Question: I was injured in a pedestrian accident and I want to take legal action. What should I do first?

A: There are few actions you can take in the days and weeks after an accident to protect your right to compensation, such as:

  • Write down every detail that you remember about the events of the accident. Make particular note of your injuries, financial losses, and any property damage you suffered as a result of the incident.
  • Keep notes of the conversation you have with other people who were involved in the accident or who are handling your injury claim.
  • Preserve evidence that proves who caused the accident and the kind of damage that was inflicted. This can be done by collecting physical items from the scene of the accident or taking photographs.
  • Find people who witnessed your accident and who can corroborate the events that led to your injury.
  • Notify who you think might be responsible for the accident and inform them about your intention to file an injury claim. This is particularly important to do if you are taking legal action against a government agency or employee.
  • Speak to an experienced personal injury lawyer about how to pursue compensation for your accident.

Question: Can I still be compensated if I was partially at fault for the accident

A: If you are partly responsibility for the accident, it can reduce the amount you are entitled to recover. For example, if you were 50% at fault for the incident, your compensation can be cut by 50%.

Question: Do pedestrians have a duty to avoid accidents?

A: All pedestrians must obey all traffic laws and observe traffic conditions. In general, pedestrians should not cross a street if they see an approaching vehicle.

Question: How much time do I have to file a lawsuit?

A: Time limits called "statutes of limitations" determine the amount of time you have to file a personal injury lawsuit. Some states allow accident victims to file claims within one year of their accident, while others allow more than a year. Missing the deadline to file your case will result with your claims being dismissed. Consult with a lawyer as soon as you receive or discover an injury to ensure you file your lawsuit in a timely manner.

Question: What types of damages can be recovered by pedestrians involved in an accident?

A: Injured pedestrians can recover damages for:

  • Past & future medical expenses
  • Past & future wage loss
  • Past & future pain and suffering
  • Punitive damages, if the defendant's conduct is extreme

If the pedestrian is killed in the accident, their survivors are entitled to pursue full compensation for the economic losses they incurred as a result of the pedestrian's death.

Questions: What do I need to bring when I meet with attorneys?

A: You should take any documents that are relevant to your case, such as:

  • Police reports
  • Eyewitness reports
  • Copies of medical reports and bills
  • Insurance information for the person who injured the pedestrian
  • Photographs of the accident scene, property damage, and your injuries

The more information you bring with you to your meeting, the easier it will be for them to develop a case strategy. Don’t worry if you don’t have any of these document for your first meeting, your attorney can obtain them for you during the course of their investigation.

Pedestrian Accident Attorneys

If you or someone you know has suffered a serious injury in a pedestrian accident, you should immediately consult with our legal team. Our skilled attorneys can review the details of your case and help you pursue the compensation you deserve. Let us use our 100+ years of combined experience to fight for you.

Call (646) 461-4009 to speak with a New York personal injury lawyer about setting up your free consultation.