New York Pedestrian Accident Lawyer | Hit By Car in NYC? Get Help Now

You were just trying to get from point A to point B, walking like countless others in New York, and then it happened. A car. The impact. The disbelief. Now you’re facing injuries, medical bills, and a chaotic swirl of questions: What do I do? Who pays for this? Will my life ever be the same?

I understand. Having spent years guiding clients through the maze of personal injury claims, I’ve seen firsthand how overwhelming it can be when you’re suddenly sidelined by someone else’s negligence. It’s not just a legal problem; it’s a personal crisis. At Law Offices Of SRIS, P.C., we’re here to cut through that chaos, offering you a steady hand and clear answers when you need them most. We aim to transform your fear into confidence, helping you reclaim control over your future.

My philosophy has always been to empower my clients with clear information, because knowledge is your best defense against the tactics of insurance companies. We stand as your shield.

I’ve Been Hit By a Car as a Pedestrian in New York. What Do I Do First?

The immediate aftermath of a pedestrian accident demands swift, decisive action to protect your health and your potential legal claim. Call 911 immediately to report the accident and ensure medical professionals are dispatched. Even if you feel okay, get checked out by paramedics or go to the emergency room, as some injuries aren’t immediately apparent. Make sure the police come to the scene to create an official accident report. Exchange contact and insurance information with the driver, but avoid discussing fault. If you can, take photos or videos of the scene, your injuries, the vehicle, and any witnesses. Gathering this initial evidence is critical.

I know it’s a lot to process when you’re in shock and pain. But remember, the steps you take, or don’t take, can profoundly impact your ability to recover fairly. It’s not just about the law; it’s about protecting your future. Think of these first few hours as laying the groundwork for your recovery—physically and legally.

💡 Insider Tip

Don’t apologize or admit fault, even if you think you might have been partly to blame. New York is a “pure comparative negligence” state, which means your compensation could be reduced by your percentage of fault. Let the investigation determine fault, not an off-hand comment at the scene.

So, What Are My Rights After a Pedestrian Accident in New York?

As a pedestrian hit by a car in New York, you generally have the right to seek compensation for your injuries and damages. New York is a “no-fault” insurance state, which means your initial medical expenses and lost wages will typically be covered by your own car insurance policy’s Personal Injury Protection (PIP) benefits, or the driver’s PIP if you don’t own a car. However, if your injuries meet a certain “serious injury” threshold, you can step outside the no-fault system and pursue a personal injury lawsuit against the at-fault driver for additional damages, including pain and suffering.

This “no-fault” aspect can be confusing, but don’t let it deter you. We help you navigate these rules, understanding when and how to pursue maximum compensation. Your rights extend beyond just medical bills; they encompass the disruption to your life, your emotional distress, and your future well-being.

The Insurance Company Is Calling. Should I Talk to Them?

No, you should not speak to the at-fault driver’s insurance company without first consulting an experienced pedestrian injury attorney in NY. Insurance adjusters are trained to minimize payouts. Anything you say, even an innocent remark, can be twisted and used against you to devalue or deny your claim. They might offer a quick, lowball settlement before you even understand the full extent of your injuries.

Their calls can be relentless, and their questions probing. It’s their job to protect their bottom line, not your best interests. We handle all communications with the insurance companies on your behalf, ensuring your rights are protected and you don’t inadvertently jeopardize your claim.

What Kind of Compensation Can I Actually Get for My Pedestrian Injury?

If you meet the “serious injury” threshold in New York, you can seek a range of damages, including economic and non-economic losses. Economic damages cover tangible financial losses such as past and future medical bills, lost wages, loss of earning capacity, and rehabilitation costs. Non-economic damages address intangible losses like pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship.

The true cost of a pedestrian accident goes far beyond immediate medical attention. It can impact your ability to work, enjoy hobbies, and live free from chronic pain. We aim to secure compensation that truly reflects the full impact of the accident on your life, both now and in the future. We’ll meticulously document every loss, ensuring nothing is overlooked.

How Long Do I Have to File a Claim for a Pedestrian Accident in New York? (Statute of Limitations)

In New York, the general statute of limitations for most personal injury claims, including pedestrian accidents, is three years from the date of the accident. However, there are exceptions. If your claim is against a municipality, like New York City, you often have a much shorter window—sometimes as little as 90 days—to file a Notice of Claim. Wrongful death claims also have a different, generally two-year, statute of limitations.

🚨 Blunt Truth

Underestimating the statute of limitations is one of the quickest ways to lose your right to compensation. Once that deadline passes, your ability to file a lawsuit is gone, no matter how strong your case. Don’t wait.

This is why time is absolutely of the essence. Delays can weaken crucial evidence, make witness testimonies less reliable, and ultimately jeopardize your case. The sooner you reach out, the sooner we can begin building a robust claim on your behalf.

How Our Experience Guides You From Chaos to Clarity

Navigating a pedestrian accident claim in New York can sometimes feel like trying to find your way through a dense, unfamiliar forest after a storm. You’re disoriented, the path is unclear, and potential dangers lurk. Mr. Sris, and the team at Law Offices Of SRIS, P.C., act as your experienced guide, equipped with the compass and map to lead you safely through.

What many people don’t realize is that the immediate aftermath of an accident is critical. We dive in, handling every detail so you can focus on healing.

• Thorough Investigation: We gather all necessary evidence, including police reports, medical records, witness statements, traffic camera footage, and accident reconstruction data. We leave no stone unturned.
• Expert Negotiation: We skillfully negotiate with insurance companies, armed with facts and a clear understanding of your case’s value, fighting for a fair settlement that covers all your damages.
• Strategic Litigation: If a fair settlement isn’t possible, we are fully prepared to take your case to court, advocating fiercely on your behalf to secure the justice you deserve.

We are committed to providing personalized attention, ensuring you understand each step of the process. We’re here to answer your questions, ease your worries, and steadfastly represent your interests. You don’t have to face this journey alone. We’re with you, every step of the way.

Frequently Asked Questions About New York Pedestrian Accidents

What is New York’s “serious injury” threshold for pedestrian accidents?

That’s an important distinction. New York law defines a “serious injury” as specific types of severe harm, such as bone fractures, significant disfigurement, permanent limitation of use of a body organ or member, or a medically determined injury preventing you from performing daily activities for at least 90 days. If your injuries meet one of these definitions, you can seek non-economic damages like pain and suffering.

What if the pedestrian was partially at fault for the accident?

Even if you were partly at fault, you might still recover damages due to New York’s “pure comparative negligence” rule. This means your compensation would be reduced by your percentage of fault. For example, if you’re found 20% at fault, your total award would be reduced by 20%. We’ll fight to minimize any alleged fault on your part.

How long does a typical pedestrian accident claim take in New York?

There’s no single answer, as every case is different. Simple claims might resolve in a few months, especially if they fall within the no-fault system. More complex cases involving serious injuries, extensive negotiations, or litigation can take a year or more. We prioritize thoroughness to ensure you receive full compensation, not just a quick settlement.

Can I sue if the driver who hit me was uninsured or underinsured?

Yes, you likely can. If the at-fault driver is uninsured or underinsured, you may be able to file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage. This coverage acts as a safety net, protecting you financially when the other driver lacks sufficient insurance. It’s a crucial aspect of your auto policy.

What evidence is crucial for a New York pedestrian accident claim?

Key evidence includes the police report, medical records detailing your injuries and treatment, photos/videos from the scene, witness statements, traffic camera footage, and any documentation of lost wages. The more comprehensive the evidence, the stronger your case. We work diligently to collect and preserve all critical proof to support your claim.

Do I have to go to court for my pedestrian accident case?

Not necessarily. Many pedestrian accident cases are resolved through negotiation and settlement outside of court. However, if the insurance company refuses to offer fair compensation, or if there’s a dispute over fault or the extent of your injuries, we may need to file a lawsuit and proceed to trial. We’ll discuss all options and prepare you for every scenario.