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“I was hit by a car as a pedestrian. What should I do?” If you’re asking this question, you’re not alone. Unfortunately, car accidents with pedestrians happen all too often in the great state of New York.
The New York State Department of Health offers some sobering statistics. Each year, approximately 300 pedestrians are killed by cars, with 15,000 pedestrians suffering injuries. More than 3,000 injured pedestrians are hospitalized due to their injuries.
If you’ve been hit by a car as a pedestrian, the Long Island pedestrian accident lawyers at The Harrison Law Group are here to help. We know how to get the job done and focus on obtaining the maximum compensation for our clients while helping them put their lives back together after they’ve been injured.
Continue reading to learn the causes of pedestrian accidents, what to do if you’re involved in an accident, liability, and more. If you or a loved one has been hit by a car, contact us at (866) 216-7911 to schedule your FREE case consultation and strategy session.
What is a Pedestrian
Everyone is a pedestrian at some point during the day. A pedestrian in New York is defined as “any person afoot or in a wheelchair.” This includes a person who walks, runs, hikes, jogs, travels on foot, or uses crutches, walking sticks, or other assistive devices to walk.
Causes of Pedestrian Accidents
A car driver can be negligent in a variety of ways, but here are a few common causes:
- Distracted driving
- Reckless driving
- Failure to obey traffic signals
- Improper lane usage
- Driving under the influence of drugs or alcohol
How Pedestrian Accidents Happen
Here are a few examples of how pedestrian accidents happen in New York.
- A driver texting on their phone runs a red light and strikes a pedestrian crossing the street in a marked crosswalk
- A driver is speeding and fails to stop at a stop sign and collides with a pedestrian who has the right of way
- A pedestrian walking along the side of the road is hit by a driver who is changing lanes without signaling
- A pedestrian walking at night without proper reflectors or lights is hit by a driver who claims not to have seen them
- A pedestrian walking in an area with poorly maintained sidewalks or no sidewalk at all is hit by a driver who loses control of their vehicle
Who is Liable if I’m Injured in a Pedestrian Accident?
Liability in a pedestrian accident in New York can vary depending on the circumstances of the case. In general, the driver of the vehicle involved in the accident will be held liable if their actions were negligent or reckless.
For example, if a driver ran through a stop sign when you were crossing a crosswalk, they could be held liable for your injuries.
Other factors, such as poor road design or insufficient lighting, can also contribute to pedestrian accidents. In these cases, the city or state government in charge of road maintenance may be held liable for the accident.
It is important to note that New York has “pure” comparative fault law, which means that even if you were partially to blame for the accident, you might be able to recover compensation for your injuries and losses. Your degree of fault will reduce the amount of compensation you can receive.
Determining liability in a New York pedestrian accident can be difficult, so we recommend you consult with an experienced Long Island personal injury lawyer to ensure that all liable parties are held accountable.
What to Do After a Pedestrian Accident
If you are involved in a pedestrian accident, take the following steps to protect your rights and interests:
1. Seek Medical Attention
The first and most important step after being hit by a car is to seek medical help. Even if you feel fine, it’s critical to get checked out by a healthcare provider as some injuries, like head trauma, may not present symptoms immediately. Getting medical help will also ensure your injuries are documented, which is essential when seeking compensation.
Prompt medical attention will ensure that you receive the proper treatment and care you need to recover from your injuries. Don’t hesitate to call 911 or go to the nearest hospital if you’ve been involved in a pedestrian accident. Your health and well-being should always be your top priority.
Additionally, if you plan to file a personal injury claim, having medical records of your injuries will strengthen your case and increase your chances of receiving the maximum compensation. So, even if you feel okay, see a healthcare provider after your pedestrian accident.
2. Report the Accident to the Police
Report your pedestrian accident to the police as soon as possible. This will establish an official record of the incident and serve as crucial evidence should you seek compensation for your injuries and damages.
Be sure to share the at-fault driver’s contact information, license plate number, and other relevant details with the police. Obtain a copy of the police report for your records.
If the driver fled the scene, try to remember any details about the vehicle, such as its make and model and the license plate number, to pass along to the authorities.
3. Obtain Contact Information from Witnesses
If there were any witnesses to your accident, obtain their contact information. This may include their name, phone number, and address. Witness statements can be valuable evidence in a pedestrian accident case.
It’s also a good idea to check to see if any nearby homes or businesses have video footage of the incident. Because most surveillance footage is only kept for a brief period before it is permanently deleted, ask this question as soon as possible after the accident.
4. Gather Evidence at the Scene
If you are physically able, gather as much evidence at the scene as possible to support your personal injury case. If necessary, seek the help of a friend or family member. In addition to obtaining surveillance footage if available, along with contact information from the driver and any witnesses:
- Take some photos of the accident scene, capturing the position of the vehicle, any road markings, and the surrounding area
- Save all clothing and items damaged in the accident
- Take photos of any visible injuries you have suffered
- Take down the name and badge number of the responding police officer
In addition to gathering the above evidence:
- Keep track of any and all medical providers that you visit and see
- Keep track of any medical expenses incurred as a result of the accident
- Keep a journal to document your physical and emotional recovery
- Do not provide a recorded statement to the driver’s insurance company
- Avoid posting about the accident on social media
Contact a Long Island Pedestrian Accident Attorney
A Long Island pedestrian accident attorney can help you navigate the legal system and ensure your rights are protected. They can also help you get compensation for your medical expenses, lost wages, and pain and suffering.
Your attorney will help you determine the best course of action, whether negotiating with the insurance company, reaching a settlement, or filing a lawsuit.
Were You Hit by a Car as a Pedestrian? Contact the Long Island Pedestrian Accident Lawyers at The Harrison Law Group
You need to focus on your recovery after being hit by a car instead of searching online for a “pedestrian accident lawyer near me.” At The Harrison Law Group, we know that pedestrian accidents can have devastating consequences, but you don’t have to face the aftermath alone.
Let our experienced pedestrian accident lawyers take the pressure off you so you can focus on recovering from your injuries. We have helped many victims of pedestrian accidents recover compensation for their injuries and other damages, and we are here to help you.
We understand that effective communication and listening are key, and our successes in the past 30 years are a testament to the dedication and care we invest in every case.
In addition to meeting in person or virtually, we offer evening and weekend appointments.
Copyright © 2023. The Harrison Law Group, P.C. All rights reserved.
The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
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