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Tips from a Pedestrian Accident Lawyer After a Collision

Have you had an accident injury while walking? Many people have, and sadly, accidents like these often cause serious injuries or even death. The aftermath of a collision like that can change the lives of everyone involved. Knowing what to do after such an accident and finding competent legal counsel is therefore crucial.

Pedestrian Injuries Statistics in New York

New York City

According to the latest statistics available from the New York City Department of Transportation (NYCDOT), there were 12,903 pedestrian injuries and 108 pedestrian fatalities in New York City in 2020. This represents a 16% decrease in pedestrian injuries compared to the previous year but only a slight decrease in pedestrian fatalities.

Long Island Pedestrian Accidents

The latest available statistics from the New York State Department of Motor Vehicles (NYSDMV) indicate that there were 758 pedestrian injuries and 28 pedestrian fatalities in Long Island, NY, in 2019. This represents a slight increase in the number of pedestrian injuries and a slight decrease in the number of pedestrian fatalities compared to the previous year.

Nassau County, NY

According to the latest statistics available from the New York State Department of Motor Vehicles (NYSDMV), there were 425 pedestrian injuries and 17 pedestrian fatalities in Nassau County, NY, in 2019. This represents a slight decrease in the number of pedestrian injuries and fatalities compared to the previous year.

The NYSDMV also reports that certain factors contribute to pedestrian injuries and fatalities, including distracted driving, speeding, and failure to yield the right of way. Additionally, certain demographic groups are more likely to be injured or killed as pedestrians, including seniors over 65 years old and children under the age of 14.

Suffolk County, NY

According to the latest statistics available from the New York State Department of Motor Vehicles (NYSDMV), there were 333 pedestrian injuries and 11 pedestrian fatalities in Suffolk County, NY, in 2019. This represents a slight decrease in the number of pedestrian injuries and fatalities compared to the previous year.

The NYSDMV also reports that certain factors contribute to pedestrian injuries and fatalities, including distracted driving, speeding, and failure to yield the right of way.

Common Injuries Suffered By Pedestrians After An Auto Accident

Pedestrian accidents can result in a wide range of injuries, some of which may be minor and others that can be severe or even fatal. Some common injuries that pedestrians may suffer in accidents with motor vehicles include:

  • Fractures or broken bones
  • Head and brain injuries, such as concussions and traumatic brain injuries (TBIs)
  • Spinal cord injuries
  • Internal organ damage or bleeding
  • Cuts, bruises, and lacerations
  • Dislocations or joint injuries
  • Road rash or abrasions
  • Soft tissue injuries, such as sprains and strains
  • Psychological injuries, such as post-traumatic stress disorder (PTSD) and anxiety.

Knowing Your Legal Rights as a Pedestrian

In the event of a crash, pedestrians have certain legal rights, and knowing what they are can help a claim go through. For example, pedestrians usually have the right to ask for money to cover their medical bills and lost wages. It’s also possible to hold the vehicle’s driver financially responsible for the whole mess if they were the ones who caused the accident. This includes property damage, travel expenses to medical appointments, and any emotional damages incurred.

However, some laws may make it harder for pedestrians to get compensation, complicating their case. Know how these rules affect claims to make a good counterargument. If both parties are blamed for the accident, an attorney may be best to determine fault.

Taking the Proper Steps After a Motor Vehicle Accident Involving Pedestrians

It’s tough to know what to do after pedestrian accidents, and even trickier to grasp how your choices will affect the situation. After a pedestrian accident, everyone involved must protect their legal rights and see that justice is done. After a car accident, getting medical attention quickly is crucial. Doing this would give you the best chance of proving that the accident caused the injuries. It could also be used to treat emotional or mental damage caused by the accident’s trauma if necessary.

Also, everyone involved needs to write down every step they take to provide accurate evidence. This may have included taking pictures and videos before and after the collision or getting contact details from witnesses who may have seen the motor vehicle accident happen.

Regardless, providing evidence to demonstrate what happened leading up to the crash could further prove that the other party was at fault, allowing injured pedestrians access to any financial compensation should they need it.

At this point, pedestrian accident victims should know their legal rights and should start talking to the police and documenting their experience for future proceedings. To help make sure this is done properly and legally, speaking with an experienced pedestrian accident attorney can be the right way forward and open up new possibilities for those involved in terms of potential compensation or gaining justice.

Talking to the Police and Documenting the Incident

After a pedestrian accident, write down and discuss what happened. The police can help gather evidence that could be useful in a personal injury claim in the future. When talking to law enforcement, be polite, honest, and cooperative.

It is critical to tell them only what you know for certain and not to speculate or make assumptions. They will ask basic questions such as contact information and the facts of what caused the collision. Pedestrians should also request a copy of the accident report, which can contain valuable information about the other driver involved as well as provide potentially useful documentation.

Contacting an Experienced Pedestrian Accident Attorney

After speaking with the police and receiving a report, you should contact a personal injury lawyer who has handled cases similar to yours as soon as possible. Hiring a skilled attorney has many benefits. An experienced lawyer can save you time and give you peace of mind when dealing with car accident legal issues.

They will also know how to negotiate a settlement with the other party’s insurance company, which can lead to financial compensation for medical bills, lost wages, and other damages. Moreover, they will advise on how to get these damages approved by the court system. They can even access accident-related reports to strengthen your case.

When it comes to seeking legal help following pedestrian accidents, it’s important to remember that no two cases are the same, and each person’s circumstances require individual consideration. Ultimately, it might be best to talk to an experienced pedestrian accident lawyer to ensure your rights are protected during any court cases or negotiations that may lead to a settlement.

Evaluating Your Health and Safety Needs

After a collision, shock and disbelief are normal, so check your body for injuries. If possible, look for physical evidence at the scene. Damage to clothing, motor vehicles, or other property can be documented with photographs or documents that can be shared with your lawyer. See a doctor after an accident immediately for physical pain. A pedestrian accident injury may be harder to prove in a personal injury claim if you wait for treatment.

Gather all evidence to recover accident damages. A settlement shouldn’t value a person’s health and well-being. After a pedestrian accident, see an experienced injury doctor, even if your injuries seem minor. This will ensure that all accident effects are addressed promptly and appropriately. With this knowledge, your lawyers can better serve you and your case.

Seeking Appropriate Medical Care

Seeking appropriate medical care after being involved in a pedestrian accident is paramount. A doctor’s evaluation serves not only as a way to protect an injured person’s health but also provides legal evidence of the incident for filing a compensation claim. Due to the possibility of delayed symptoms and documentation, it’s best to seek medical attention immediately before serious injury side effects can develop. If insurance companies contest liability over the accident or deny a claim, medical documentation can be crucial in proving that an injury resulted from the accident. Thus, pedestrians should seek immediate medical attention after a collision.

Experts advise going to the hospital even if there are no visible injuries. This is because you could have internal bleeding or a traumatic brain injury you can’t see. Furthermore, medical records will provide an objective account of any injuries sustained during the incident, which can protect an individual’s rights when pursuing a claim against an at-fault party.


Filing a Claim for Compensation

After a pedestrian accident, the next step is getting the right medical care and filing a compensation claim. Filing a claim to get paid for an accident that wasn’t your fault can help you cover any costs or damages. Each state has different laws and regulations regarding accidents and claims.

If they caused the accident, insurance companies could also be held liable for personal injury awards. The advantage of engaging legal representation is that pedestrian accident lawyers and attorneys can help prove precisely who is responsible for the collision and advocate on your behalf when working out an appropriate settlement amount. Witness testimony or accident scene evidence can also strengthen your court case by proving who was at fault and whether negligence was involved.

Collecting Necessary Documents

After filing a compensation claim, collecting the necessary documents is the next important step. The victim must collect evidence and other documents that may be needed to build a successful pedestrian accident case. This includes pictures of the scene soon after the accident happened, witness accounts, medical files, police reports, receipts for medical bills, and any other necessary documentation.

Victims need to keep track of their bills and out-of-pocket expenses for future reference when it comes to medical bills. Showing these records can help demonstrate that an individual was negligently injured and suffered potential health risks as a consequence. Pictures taken from the scene are also very useful in proving damages by describing physical injuries sustained in the incident.

Moreover, evidence collected from an accident scene (including skid marks) may prove who caused the accident and make establishing negligence easier. Gathering as many types of evidence as possible will significantly increase the victims’ chances of compensation for their losses or injuries.

Lastly, witness accounts can often act as powerful tools during court proceedings due to their firsthand experience of the event that transpired. While collecting statements from witnesses is unnecessary in all pedestrian accident cases, it is recommended to do so whenever possible to have more reliability and credibility when pursuing a legal claim against at-fault parties.

To get a reliable claim for compensation from a pedestrian accident lawyer, you must have the right paperwork and enough proof. After an accident, victims need to take action to ensure they have enough proof before filing insurance claims or talking to law enforcement for legal reasons.

Tips on Maintaining Proper Insurance Coverage

It is important to maintain proper insurance coverage following a pedestrian collision. Insurance is vital in the recovery process, as you will need financial assistance to pay for medical bills, lost wages, and other losses that occur from the accident. Additionally, many areas have laws requiring insured drivers to have liability coverage at least up to certain limits. Thus, having adequate insurance coverage can be essential for staying within the bounds of state law.

When considering insurance coverage for pedestrian accidents, it is relevant to debate both sides of the argument; obtaining more insurance coverage than required might lead to more expensive premiums. However, opting for minimal coverage may also be risky if you are liable for more than your limit of coverage and unable to compensate injury victims.

Ultimately, it is recommended that you secure sufficient insurance coverage beyond what is necessary based on the laws and regulations of your area or region; this could mean acquiring additional collision or uninsured/underinsured motorist protection. Additionally, uninsured and underinsured motorist insurance can protect in cases where the responsible driver lacks adequate coverage or leaves the scene before an agreement is made.

Even though getting the right insurance coverage may mean paying more in premiums, this is a small price to pay when compared to the risks that could happen if you don’t have enough coverage. Getting the right amount of insurance can help protect your finances in case you are found responsible for an accident with a pedestrian. For example, if damages exceeded your policy limits and you had insufficient resources to cover them, you could potentially face legal action from injury victims and even bankruptcy proceedings. As such, securing more insurance than what is required by law can bring peace of mind knowing that in case of an emergency, you would be properly covered.

Given all of this, it’s important to get an accurate assessment of the various types of protection that are available and how much they cost. You should discuss your specific situation with a qualified professional, such as an agent or lawyer, who can explain how different types and levels of insurance might impact you financially before any decisions are made about what kind of coverage would be best for your particular situation.

Get a Free Consultation With Experienced Pedestrian Accident Attorneys

If you need a pedestrian accident lawyer in Huntington, NY, contact Silverstein & Khan, P.C. We have a team of experienced personal injury attorneys that will defend your rights under New York law and pursue full compensation for your suffering for your personal injury case.

If you or a loved one has been seriously injured in a pedestrian accident, please call us at (631) 424-6850 to schedule a free consultation and discuss your legal options.


About The Author

Larry Silverstein, ESQ.

Larry Silverstein, ESQ.

Larry Silverstein, Esq. is a personal injury lawyer in New York. He has been practicing law for over 30 years and has built a distinguished reputation as an expert in personal injury law. Mr. Silverstein is known for his commitment to his clients and his exceptional legal skills, having won many high-profile cases in his career. Throughout his career, Mr. Silverstein has represented clients in various cases, including car accidents, slips and falls, and medical malpractice.