New York City is home to over 8 million people, most on foot through all five boroughs. Unfortunately, collisions between motor vehicles and pedestrians are common, often leading to serious injuries. If you were hurt in a pedestrian accident, it’s wise to consult a skilled and experienced personal injury attorney.
Friedman, Levy, Goldfarb, Green & Bagley, P.C. is one of the premier personal injury law firms in New York City. When you turn to us for help, we are here for you. When you call, you will always speak with one of our experienced attorneys. We will give you the personalized attention that you deserve. Schedule a free consultation today.
Steps to Take After a Pedestrian Accident
The steps you take after a pedestrian accident can affect the strength of your potential legal claim, which could be impacted by even a minor mistake. If you can follow these suggestions, you have a greater chance of protecting your rights and your health and well-being:
Get to Safety
If you were struck by a car, your first step, when possible, is to get out of traffic. Getting out of the road can protect you from further injury, but if you were struck by a car in a parking lot, alley, or sidewalk, your best option is to stay clear of other vehicles. The vehicle that hit you should also move off the road. The only exception to this suggestion is when moving presents an additional risk of injury.
Contact Law Enforcement
Once you are safe, contact the police and report the accident. Police in New York are not obligated to show up every time an accident occurs. However, the law requires contacting law enforcement when bodily injuries are involved, which is the case in the vast majority of pedestrian accidents.
When the police arrive, they will investigate the cause of the accident. This usually involves speaking to the parties involved and witnesses. After investigating the scene, they will file a report, which can be essential to your personal injury case.
Seek Medical Treatment
If you suffered serious injuries, call 911. You are allowed to leave the scene of the crash if you require immediate medical attention.
Further, seek medical care even if you do not need an ambulance. Some injuries have delayed onset symptoms, and pain can be masked by the adrenalin that floods the body. A healthcare provider can assess your condition and schedule diagnostic tests to ensure you receive the best care possible.
Seeing a doctor can also protect your legal rights by creating a paper trail that would be hard to dispute. In addition, you have a legal obligation to mitigate your damages. It means that you take reasonable steps to prevent your injuries from worsening. Failing to treat an injury could limit your financial recovery in a lawsuit.
Document Evidence at the Scene
The more you can document the details of the accident, such as the position of the car that struck you and the debris from the crash, the more likely your attorney can build a successful case for compensation.
You can make note of traffic conditions, the weather, and the type of car that struck you. Take pictures or videos. If possible, collect the contact information of witnesses. The testimony of a neutral party carries tremendous weight at trial. Their statements could convince an insurance company to settle, allowing you to avoid a trial entirely.
Avoid Admitting Fault for the Accident
Do not discuss the details of the accident with the driver or witnesses. Obtain the driver’s license number and insurance details. Do not admit fault or apologize. Talking about your accident could jeopardize your claim, especially if you say something that could be misconstrued as an admission of fault.
You can expect the defendant’s insurance adjuster to contact you shortly after the crash and ask for a statement. You are not obligated to speak with them–doing so may hurt your chances of a successful claim. They are trained to take your words out of context and look for excuses to deny or minimize your claim.
Notify Your Insurance Company
If you have auto insurance, notify your carrier about the accident. New York law requires auto liability insurance coverage, and you could pursue a claim for medical expenses and a portion of lost wages, up to policy limits. For serious injuries, you can file a claim against the driver who hit you.
Consult a Lawyer
Finally, consult a New York pedestrian accident lawyer. They can negotiate with insurance companies or pursue legal action through the court system. In most cases, they can resolve pedestrian accident claims through a settlement without the need for ever filing a lawsuit.
Schedule a Free Consultation
Pedestrian accidents can be complex, and the driver will likely have the support of an insurance company and an attorney. You deserve legal counsel that can help even the playing field so that you have the best chance of recovering compensation for your damages and losses. Schedule a free, no-obligation consultation. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for your injuries.
