New York Pedestrian Accident Lawyer: Protecting Your Rights on Foot

Being hit by a car while walking in New York can be a truly terrifying and life-altering experience. One moment you’re navigating the city streets, the next you’re dealing with severe injuries, mounting medical bills, and an uncertain future. It’s a situation that leaves many feeling overwhelmed and unsure where to turn. If you’ve been hurt as a pedestrian, know that you’re not alone, and help is available.

At Law Offices of SRIS, P.C., we understand the immediate chaos and long-term challenges you’re facing. Our mission is to provide clear guidance and strong advocacy to help you recover and seek the compensation you deserve. We’re here to explain your rights, simplify the legal process, and fight tirelessly on your behalf.

The Harsh Reality: Why Pedestrian Accidents Happen in New York

New York’s bustling streets, while iconic, present a unique set of dangers for pedestrians. Distracted drivers, aggressive driving, poorly marked crosswalks, and even simple negligence can all contribute to devastating accidents. When a vehicle collides with a pedestrian, the pedestrian invariably suffers the most severe consequences. These aren’t just minor fender-benders; they often involve significant trauma.

Common Causes of Pedestrian Accidents:

• Distracted Driving: Drivers glued to their phones or preoccupied with other tasks are a leading cause of these collisions. They simply don’t see pedestrians.
• Failure to Yield: Many drivers fail to yield the right-of-way to pedestrians in crosswalks, often rushing through turns or intersections.
• Speeding: Excessive speed reduces a driver’s reaction time and increases the force of impact, making injuries far more severe.
• Impaired Driving: Driving under the influence of alcohol or drugs dramatically impairs judgment and reaction, making intersections and busy streets deadly for pedestrians.
• Disregarding Traffic Signals: Both drivers running red lights or stop signs and pedestrians crossing against signals can lead to accidents.
• Poor Infrastructure: Insufficient lighting, faded crosswalks, and lack of sidewalks can put pedestrians at increased risk, especially in less developed areas.

We know these aren’t just statistics; they represent real people whose lives have been turned upside down. Understanding the common causes helps us build a stronger case by pinpointing exactly where the driver’s negligence occurred.

Understanding Your Rights After a New York Pedestrian Injury

If you’re hit by a car in New York, it’s natural to feel confused about what steps to take next. Your immediate priority should always be your health, but knowing your legal rights early on can make a significant difference in your ability to recover financially. New York law offers protections for pedestrians, and a pedestrian injury attorney in NY can help ensure these are upheld.

Key Legal Concepts:

• New York is a No-Fault State: This means your initial medical expenses and lost wages may be covered by your own car insurance, regardless of who was at fault. If you don’t own a car, or if the driver’s insurance is involved, their no-fault benefits may apply. This “no-fault” coverage, also known as Personal Injury Protection (PIP), is a critical first step for immediate relief.
• Serious Injury Threshold: To step outside of the no-fault system and pursue a personal injury lawsuit against the at-fault driver for pain and suffering, New York law requires that you meet a “serious injury” threshold. This is defined by specific categories of injury, such as significant disfigurement, bone fracture, permanent limitation of a body organ or member, or a medically determined non-permanent injury preventing substantially all daily activities for 90 out of the 180 days following the accident.
• Comparative Negligence: New York follows a pure comparative negligence rule. This means that if you are found partially at fault for the accident (e.g., you were distracted or didn’t use a crosswalk), your compensation can be reduced by your percentage of fault. However, you can still recover damages even if you are mostly at fault.

It’s vital to remember that insurance companies, even your own, aren’t always looking out for your best interests. They’re businesses, and their goal is often to minimize payouts. That’s why having knowledgeable legal counsel from a pedestrian hit by car lawyer in New York is so important. We’ll make sure you understand every aspect of your case and don’t get taken advantage of.

What to Do Immediately After a Pedestrian Accident

The moments following a pedestrian accident can be chaotic and frightening. However, the actions you take (or don’t take) immediately after the incident can significantly impact your future legal options. Try to remain calm and follow these crucial steps:

1. Seek Medical Attention: Your health is paramount. Even if you feel fine, adrenaline can mask injuries. Get checked by paramedics at the scene or go to an emergency room immediately. This also creates an official medical record connecting your injuries to the accident.
2. Call the Police: A police report documents the scene, gathers driver information, and can be vital evidence for your claim. Insist that a report be filed, even for seemingly minor incidents.
3. Gather Information: If possible and safe, collect as much information as you can at the scene:
   • Driver’s name, contact information, and insurance details.
   • Vehicle make, model, color, and license plate number.
   • Names and contact information of any witnesses.
   • Photos and videos of the accident scene, including your injuries, vehicle damage, traffic signals, road conditions, and any relevant surroundings.
4. Do NOT Admit Fault: Avoid apologizing or making statements that could be construed as admitting fault, even if you think you might be partially to blame. Let the facts speak for themselves.
5. Report to Your Insurance Company: Even if you weren’t driving, your personal car insurance or household insurance might cover some initial medical costs under New York’s no-fault law.
6. Contact a New York Pedestrian Accident Lawyer: As soon as possible, reach out to an experienced attorney. We can advise you on your rights and protect you from common pitfalls.

Taking these steps ensures that important evidence isn’t lost and that your legal rights are protected from the outset. It’s hard, but these initial actions are incredibly important.

How a New York Pedestrian Accident Lawyer Can Help You

After a pedestrian accident, dealing with physical recovery, emotional trauma, and financial stress is overwhelming. Adding a complex legal battle with insurance companies to that mix is often too much for one person to handle. That’s where an experienced New York pedestrian accident lawyer from Law Offices of SRIS, P.C. steps in.

Here’s how our team can help you navigate this challenging time:

1. Thorough Investigation and Evidence Collection

We’ll launch a comprehensive investigation into your accident. This isn’t just about collecting a police report; it’s about piecing together every detail to establish liability. Our services include:

• Obtaining official police reports and accident scene diagrams.
• Interviewing witnesses and securing their statements.
• Collecting surveillance footage from nearby businesses or traffic cameras.
• Analyzing traffic laws and potential violations by the at-fault driver.
• Working with accident reconstruction specialists if necessary to recreate the incident.
• Gathering your complete medical records and bills to document the extent of your injuries and treatment.
• Calculating all your economic and non-economic damages, ensuring nothing is overlooked.

Blunt Truth: Insurance companies are going to try to minimize your claim, and they’ll look for any weakness in your case. We know their tactics, and our detailed approach counters them effectively.

2. Expert Negotiation with Insurance Companies

Dealing with insurance adjusters can be intimidating. They are highly trained negotiators whose primary goal is to settle your claim for the lowest possible amount. We level the playing field:

• Handling all communication with insurance companies on your behalf, protecting you from inadvertently saying something that could harm your case.
• Aggressively negotiating for a fair settlement that fully accounts for your medical expenses, lost wages, pain, and suffering.
• Challenging lowball offers and presenting strong evidence to support your demand for maximum compensation.
• Ensuring that all deadlines for filing claims and lawsuits are met, protecting your right to pursue legal action.

Insight: “My extensive training in accident investigation allows me to critically analyze the evidence presented by law enforcement in cases like pedestrian accidents,” says Bryan Block, an attorney with our firm. This seasoned perspective is invaluable in securing the best outcome for you.

3. Representation in Court, if Necessary

While many pedestrian accident claims resolve through negotiation, sometimes taking your case to court is the only way to achieve justice. We are fully prepared for litigation and have a proven track record in the courtroom:

• Preparing all necessary legal documents and filings for a lawsuit.
• Representing you in all court proceedings, including hearings, depositions, and trial.
• Presenting compelling arguments and evidence to a judge and jury.
• Advocating fiercely for your rights and ensuring your story is heard.

Insight: “For me, dedicating the vast majority of my practice to litigation means I am constantly honing my skills in the courtroom, fighting vigorously for favorable outcomes for those I represent,” explains Bryan Block. You can trust our team to stand by you, no matter how complex the legal path becomes.

4. Calculating Your Full Damages

A pedestrian accident can result in a wide range of damages, both economic and non-economic. We work diligently to ensure every single one is included in your claim:

• Medical Expenses: This includes emergency care, hospital stays, surgeries, physical therapy, prescription medications, and future medical needs.
• Lost Wages: Compensation for income you’ve already lost due to your injuries and any future earning capacity diminished by your accident.
• Pain and Suffering: Damages for the physical discomfort, emotional distress, mental anguish, and reduced quality of life you’ve experienced.
• Emotional Trauma: Beyond physical pain, the psychological impact of such an event can be profound, including anxiety, PTSD, and depression.
• Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies or activities you once enjoyed, you may be compensated for this loss.
• Property Damage: Reimbursement for any personal belongings damaged in the accident, such as your phone, glasses, or clothing.

We’ll work with medical professionals, economists, and other experts to accurately calculate the full extent of your damages, ensuring you’re not left with unexpected bills years down the road.

Building a Strong Case: What We Look For

To succeed in a pedestrian accident claim, we need to prove negligence on the part of the driver. This involves demonstrating four key elements:

1. Duty of Care: All drivers have a legal duty to operate their vehicles safely and responsibly, adhering to traffic laws and being aware of their surroundings, including pedestrians.
2. Breach of Duty: The driver violated this duty of care. This could be by speeding, texting while driving, failing to yield, or running a red light.
3. Causation: The driver’s breach of duty directly caused your injuries. There must be a clear link between their actions and your harm.
4. Damages: You suffered actual damages as a result of your injuries, such as medical bills, lost wages, and pain and suffering.

Insight: “My primary objective is always directed towards personally handling the most challenging and complex legal matters our clients face,” states Mr. Sris, Founder, CEO & Principal Attorney. This commitment to tackling intricate cases means we’re prepared to build a meticulous argument for you, no matter the obstacles.

We painstakingly build your case by gathering evidence that clearly demonstrates each of these elements, making it difficult for the opposing side to deny responsibility.

Statute of Limitations in New York Pedestrian Accident Cases

It’s crucial to understand that there are strict deadlines for filing a personal injury lawsuit in New York, known as the statute of limitations. For most personal injury claims, including pedestrian accidents, you generally have three years from the date of the accident to file a lawsuit. If you miss this deadline, you will likely lose your right to seek compensation through the court system, regardless of the strength of your case.

There can be exceptions to this rule, such as cases involving:

• Minors (the clock may not start until they turn 18).
• Cases against a municipality (shorter deadlines often apply, sometimes as little as 90 days for a Notice of Claim).
• Wrongful death (a different statute of limitations applies).

Because these deadlines are so critical and can vary, it’s imperative to speak with a New York pedestrian accident lawyer as soon as possible after your injury. Don’t let a technicality prevent you from getting the justice you deserve.

Why Choose Law Offices of SRIS, P.C. for Your Pedestrian Accident Claim?

When you’re dealing with the aftermath of a pedestrian accident, you need a law firm that combines experience with genuine empathy. At Law Offices of SRIS, P.C., we pride ourselves on being a seasoned team ready to advocate fiercely for your rights while providing the compassionate support you need.

Here’s what makes us the right choice for your New York pedestrian accident claim:

• Relatable Authority: We speak in “real talk,” providing clear, direct answers and practical steps without overwhelming legal jargon. We understand the fear and uncertainty you feel and are here to offer reassurance and hope.
• Extensive Experience: Our attorneys have a deep understanding of New York’s traffic laws and personal injury regulations. We’ve successfully handled countless accident cases, including those involving pedestrians.
• Client-Centered Approach: Your well-being is our priority. We take the time to listen to your story, understand your unique needs, and tailor our legal strategy to achieve the best possible outcome for you.
• Proven Track Record: We have a history of securing favorable results for our clients through diligent investigation, strategic negotiation, and skilled courtroom litigation. Past results do not predict future outcomes.
• Comprehensive Support: From gathering evidence to negotiating with insurance adjusters and representing you in court, we handle every aspect of your case so you can focus on your recovery.
• No Upfront Fees: We work on a contingency fee basis, meaning you don’t pay any legal fees unless we win your case. This ensures everyone has access to quality legal representation, regardless of their financial situation.

Law Offices of SRIS, P.C. has locations in Buffalo, NY, ready to serve clients across the state. Our dedicated team is just a phone call away, offering a confidential case review to discuss your situation and explore your options. Don’t hesitate to reach out for the knowledgeable and experienced legal support you need.

Frequently Asked Questions About New York Pedestrian Accidents

Q: What if the driver who hit me fled the scene?

It’s incredibly stressful when the driver leaves, but you still have options. Your own uninsured motorist coverage (if you have car insurance) or New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC) can potentially cover your medical bills and other damages. It’s crucial to report the accident to the police immediately and contact a pedestrian accident lawyer to explore all avenues for compensation. We’re here to help you navigate these complex situations.

Q: Can I still recover if I was partially at fault for the pedestrian accident?

Yes, New York operates under a pure comparative negligence system. This means you can still recover damages even if you were partially at fault. Your total compensation would simply be reduced by your percentage of fault. For example, if you were found 20% at fault, your settlement would be reduced by 20%. Our team will work to minimize any perceived fault on your part and maximize your recovery.

Q: How long does a New York pedestrian accident case usually take to resolve?

The timeline for resolving a pedestrian accident case can vary significantly depending on the complexity of the case, the severity of your injuries, and whether it settles out of court or goes to trial. Simpler cases with clear liability and minor injuries might resolve in a few months, while complex cases involving severe injuries or disputes over fault can take a year or more. We’ll always keep you informed and work efficiently to resolve your case as quickly as possible without compromising your right to fair compensation.

Q: What kind of compensation can I seek after a pedestrian accident?

You can seek compensation for various damages, both economic and non-economic. This includes all medical expenses (past and future), lost wages and future earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. In some severe cases, property damage to personal items may also be included. Our goal is to ensure you receive full and fair compensation for every aspect of your losses, so you don’t have to bear the financial burden alone.

Q: Do I need to pay an upfront fee to hire a pedestrian accident lawyer at Law Offices of SRIS, P.C.?

No, you do not. Our firm operates on a contingency fee basis for pedestrian accident cases. This means you won’t pay any attorney fees unless we successfully recover compensation for you through a settlement or a court award. This arrangement allows you to pursue justice without any upfront financial burden, ensuring that quality legal representation is accessible when you need it most. We’re committed to making the legal process as stress-free as possible.

Q: What if the driver doesn’t have insurance?

Even if the at-fault driver is uninsured, you may still have options for compensation. Your own uninsured motorist (UM) coverage, if you have it as part of your auto insurance policy, can provide coverage for your medical bills, lost wages, and pain and suffering. Additionally, New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC) may be a resource for those who don’t have other insurance options. It’s essential to consult with an experienced pedestrian accident lawyer to explore all potential avenues for recovery and understand your entitlements.

Q: Should I speak with the other driver’s insurance company after my accident?

It’s generally not advisable to speak directly with the other driver’s insurance company without consulting your attorney first. Insurance adjusters are trained to minimize payouts, and anything you say could potentially be used against your claim. They might try to get you to admit fault or accept a low settlement offer before you fully understand the extent of your injuries and damages. Let our experienced New York pedestrian accident lawyers handle all communications with the opposing insurance company to protect your rights and ensure fair treatment.

Q: How is “serious injury” defined in New York, and why is it important?

In New York, meeting a “serious injury” threshold is crucial for pursuing a claim for pain and suffering outside of the no-fault system. This legal definition includes injuries like significant disfigurement, bone fracture, permanent limitation of a body organ or member, or a non-permanent injury that prevents you from performing substantially all your usual daily activities for at least 90 out of the 180 days following the accident. Our legal team will work closely with your medical providers to thoroughly document your injuries and demonstrate that you meet this threshold, strengthening your ability to recover full compensation.

Don’t Wait to Seek Justice

If you or a loved one has been injured in a pedestrian accident in New York, the time to act is now. The legal process can be complex, and important deadlines apply. Don’t try to navigate this challenging journey alone. Let the experienced and seasoned legal team at Law Offices of SRIS, P.C. be your advocates.

We’re dedicated to providing the strong, compassionate representation you need to pursue the maximum compensation for your injuries, lost wages, and pain and suffering. Contact us today for a confidential case review and let us help you take the first step toward recovery and justice.

Law Offices of SRIS, P.C. has locations in Buffalo, NY, to serve you.

Past results do not predict future outcomes.