Pedestrian accidents can cause devastating injuries and life-altering consequences. After receiving immediate medical attention, your next priority should be contacting a pedestrian accident lawyer who can protect your rights and help you obtain the compensation you deserve.
The Critical First Hours After a Pedestrian Accident
The period immediately following a pedestrian accident is crucial for your legal case. Evidence can disappear quickly, witnesses may forget important details, and insurance companies begin their investigations within hours of receiving accident reports.
A pedestrian accident lawyer can take immediate action to preserve evidence and protect your interests. This includes photographing the accident scene, identifying and interviewing witnesses, and obtaining surveillance footage before it gets deleted or recorded over.
Insurance adjusters often contact accident victims within hours of the incident, hoping to obtain recorded statements or quick settlements before victims understand the full extent of their injuries. Having legal representation from the start prevents you from making statements that could harm your case later.
Police reports form the foundation of many pedestrian accident cases, but these reports may contain errors or incomplete information. A pedestrian accident lawyer can review the police report and work to correct any inaccuracies that could affect your ability to recover compensation.
Understanding Your Rights as a Pedestrian
New York law generally favors pedestrians in traffic accident cases, recognizing that pedestrians face severe injury risks when struck by vehicles. However, understanding your specific rights and how they apply to your situation requires legal analysis.
Pedestrians have the right-of-way in crosswalks and at intersections, but drivers must also exercise reasonable care to avoid striking pedestrians in all situations. Even when pedestrians violate traffic laws, drivers may still bear responsibility for accidents if they could have avoided the collision through reasonable care.
Comparative negligence laws in New York allow pedestrians to recover compensation even if they contributed to the accident. For example, if a pedestrian was jaywalking but the driver was speeding, both parties may share fault, but the pedestrian can still recover damages reduced by their percentage of fault.
Insurance coverage requirements vary depending on the type of vehicle involved in the accident. Commercial vehicles, government vehicles, and private passenger cars all have different insurance requirements that affect the compensation available to injured pedestrians.
The Severity of Pedestrian Injuries
Pedestrian accidents often result in severe injuries due to the lack of protection when humans collide with vehicles. Traumatic brain injuries occur frequently in pedestrian accidents, often causing permanent cognitive impairment, memory loss, and personality changes.
Spinal cord injuries can result in partial or complete paralysis, requiring lifetime medical care and substantial modifications to living situations. These injuries often prevent victims from returning to work and pursuing normal activities.
Broken bones and fractures are common in pedestrian accidents, particularly in the legs, arms, and pelvis. Multiple fractures may require numerous surgeries and extended rehabilitation periods, resulting in significant medical expenses and lost income.
Internal organ damage can occur when pedestrians are struck by vehicles, particularly in high-speed collisions. These injuries may not be immediately apparent but can cause life-threatening complications if not properly diagnosed and treated.
Dealing with Insurance Companies
Insurance companies representing drivers involved in pedestrian accidents often try to minimize payouts by disputing liability or questioning the severity of injuries. These companies employ teams of adjusters, investigators, and lawyers whose primary goal is to protect their company’s financial interests.
Insurance adjusters may contact you repeatedly, requesting recorded statements or medical records. They may also offer quick settlements that seem substantial but actually fall far short of covering your long-term medical needs and other damages.
A pedestrian accident lawyer can handle all communications with insurance companies, ensuring that your statements cannot be used against you later. Attorneys understand the tactics insurance companies use and can counter their strategies effectively.
Insurance companies often hire private investigators to conduct surveillance on accident victims, looking for evidence that contradicts claimed injuries. Having legal representation helps ensure that your case is presented properly and that surveillance evidence is handled appropriately.
Building a Strong Legal Case
Pedestrian accident cases require thorough investigation and evidence gathering to achieve successful outcomes. A pedestrian accident lawyer can obtain traffic camera footage, cell phone records, and other evidence that may not be available to individual accident victims.
Accident reconstruction experts can analyze the collision and provide testimony about how the accident occurred, vehicle speeds, and whether the driver could have avoided the collision. These experts play crucial roles in cases where liability is disputed.
Medical experts can testify about the extent of your injuries, the treatment you will need, and how your injuries will affect your future quality of life. This testimony is essential for recovering compensation for future medical expenses and lost earning capacity.
Economic experts can calculate the financial impact of your injuries, including lost wages, reduced earning capacity, and the cost of future medical care. These calculations help ensure that settlement offers accurately reflect the true cost of your injuries.
Types of Compensation Available
Pedestrian accident victims may be entitled to various types of compensation depending on the circumstances of their case. Medical expenses include all costs related to your treatment, from emergency room visits to long-term rehabilitation and therapy.
Lost wages compensate for income you cannot earn while recovering from your injuries. If your injuries prevent you from returning to your previous job or reduce your earning capacity, you may also recover compensation for future lost income.
Pain and suffering damages recognize that pedestrian accidents cause physical discomfort and emotional trauma that extends beyond financial losses. These damages can be substantial in cases involving severe injuries or permanent disabilities.
Property damage compensation covers the cost of replacing or repairing personal items damaged in the accident, such as clothing, electronics, or other belongings you were carrying.
The Importance of Acting Quickly
New York law imposes strict time limits on personal injury claims, including pedestrian accident cases. The statute of limitations generally requires that lawsuits be filed within three years of the accident date, but certain circumstances may shorten this deadline.
Government entities may be involved in pedestrian accidents, particularly when accidents occur due to poor road conditions or malfunctioning traffic signals. Claims against government entities often have much shorter deadlines, sometimes requiring notice within 90 days of the accident.
Evidence preservation becomes more difficult as time passes. Witnesses may forget important details, surveillance footage may be deleted, and physical evidence from the accident scene may be lost or destroyed.
Insurance companies may interpret delays in seeking legal representation as evidence that your injuries are not severe or that you are not serious about pursuing compensation. Early legal intervention demonstrates that you are taking appropriate steps to protect your rights.
Choosing the Right Pedestrian Accident Lawyer
Experience with pedestrian accident cases is crucial when selecting legal representation. These cases involve specific legal issues and investigation techniques that differ from other types of personal injury claims.
Resources and support staff are important factors to consider when choosing a pedestrian accident lawyer. Complex cases require significant time and financial investment to achieve successful outcomes.
Communication style and availability should match your preferences and needs. You should feel comfortable discussing your case with your attorney and confident that they will keep you informed about developments in your case.
A proven track record of successful pedestrian accident cases demonstrates that an attorney has the skills and experience necessary to handle your case effectively. Ask about specific case results and settlements achieved for other pedestrian accident victims.
