Filing A Pedestrian Accident Claim In New York
If you or a member of your family have been injured in a pedestrian accident in New York, you’re probably feeling overwhelmed while dealing with medical bills and feeling unsure about your next steps. Accidents like these can lead to life-altering injuries, and unfortunately, pedestrians are particularly vulnerable on New York’s busy streets. As the founder of Jonna Spilbor Law, I understand how difficult this time can be, and I’m here to help you navigate the legal process of filing a claim. It’s important that you know your rights under New York law and how to protect them.
Pedestrian accidents happen for a variety of reasons, including driver negligence, distracted driving, speeding, or failure to yield the right of way. No matter the cause, pedestrian accidents lead to long-term injuries and financial hardships. Filing a New York pedestrian accident claim is the key to pursuing monetary compensation for your injuries and getting your life back on track. In New York, specific laws and legal processes apply to pedestrian accident cases, so it’s critical to understand what you need to do.
Determining Fault In A Pedestrian Accident
Even though New York has a no-fault insurance system, determining fault is still important in pedestrian accidents, especially if you want to pursue a personal injury lawsuit. In most pedestrian accidents, the driver is found to be at fault, but there are cases where both the driver and the pedestrian share some responsibility. For example, a pedestrian might have been jaywalking or crossing against the light when the accident occurred.
New York follows a rule known as “pure comparative negligence.” New York Civil Practice Law and Rules (CPLR) § 1411 states that even if you were partially responsible for the collision, you may still recover economic damages. However, your financial compensation will be reduced by the percentage of your fault. So, if you were found to be 20% at fault for the accident, your total compensation would be reduced by 20%.
This is why gathering evidence is so critical in pedestrian accident cases. It’s important to document everything—from photographs of the accident scene to witness statements and police reports. All of this information will help establish who was at fault and to what degree.
What Compensation Can I Recover In A Pedestrian Accident Claim?
If your injuries meet New York’s serious injury threshold, you can file a lawsuit to recover additional damages beyond what no-fault insurance covers. These damages may include:
- Medical Expenses – This includes all past, present, and future medical bills related to your injury. If you require ongoing care, such as physical therapy or surgery, these costs should be included in your claim.
- Lost Wages – If your injuries have prevented you from working, either temporarily or permanently, you can recover compensation for your lost wages. This also includes a reduction in your earning capacity if you are unable to return to your previous job.
- Pain and Suffering – Unlike no-fault insurance, an accident injury lawsuit allows you to recover damages for pain and suffering.
- Loss of Enjoyment of Life – If your injuries have negatively affected your quality of life or prevented you from engaging in activities you once enjoyed, you may be entitled to financial compensation for this loss.
- Punitive Damages – In some rare cases, you may be able to recover punitive damages if the driver’s behavior was particularly reckless or egregious. These damages are meant to punish the wrongdoer and deter similar conduct in the future.
Statute Of Limitations For Filing A Claim
In New York, there is a limited amount of time to file a personal injury claim after a pedestrian accident. Under New York Civil Practice Law & Rules § 214, you generally have three years from the date of the accident to file a lawsuit. However, if a government entity is involved (for example, if the accident involved a city bus or other government-owned vehicle), the timeline for filing a claim is much shorter. Failing to meet these deadlines can result in losing your right to pursue compensation.
Because time is of the essence, it’s important to contact an attorney as soon as possible after your accident. The sooner our attorneys can begin investigating your case, the better your chances of securing the compensation you deserve.
New York Pedestrian Accident Faqs
What Should I Do Immediately After A Pedestrian Accident?
The first thing you should do is seek medical attention, even if you don’t think your injuries are severe. Some injuries, like internal damage or head trauma, might not show symptoms right away. You should also report the accident to the police and gather as much evidence as possible, such as taking photos of the scene, getting contact information from witnesses, and writing down your own recollection of what happened. Finally, contact our firm to discuss your legal options.
Can I File A Claim If I Was Partially At Fault For The Accident?
Yes. New York’s pure comparative negligence rule allows you to recover damages even if you were partially at fault. However, your financial compensation will be reduced by the percentage of your fault. So, if you were 30% at fault, your recovery would be reduced by 30%. It’s important to have an attorney who can help minimize your liability and maximize your compensation.
What If The Driver Who Hit Me Doesn’t Have Insurance?
If the driver responsible for your accident does not have insurance, or if they have insufficient coverage, you can still recover compensation through your own insurance policy. In New York, you are required to carry uninsured/underinsured motorist coverage, which will provide compensation if the at-fault driver lacks proper insurance.
How Long Does It Take To Settle A Pedestrian Accident Claim?
The timeline for settling a pedestrian accident claim varies depending on the complexity of the case and the severity of your injuries. Some cases may be settled within a few months, while others, especially those that involve litigation, can take a year or more. It’s important to remain patient during this process and let your attorney work to secure the best possible outcome for you.
Getting You The Best Possible Results From The Worst Situations
At Jonna Spilbor Law, we are dedicated to helping pedestrians injured in accidents secure the compensation they deserve. If you’ve been hit by a car while walking in New York, contact our firm to discuss your case. Our experienced team will work tirelessly to hold the at-fault driver accountable and ensure you receive the compensation you need to recover. Contact our pedestrian accident lawyer in New York at Jonna Spilbor Law by calling our Poughkeepsie office at 845-485-2529 or our New York City office at 646-922-9799 to receive your free consultation. Let us help you take the first step in recovery and justice.
