If you were a pedestrian hit by a car in New York, your immediate actions are crucial for your health and any subsequent legal claims. First, ensure your safety by moving out of traffic, if possible. Next, call 911 to get police and medical attention on the scene — even if injuries seem minor, a medical evaluation is essential as injuries may not be immediately apparent.
You'll also need to document the accident scene and exchange information with the driver, but refrain from discussing fault. This is where consulting with a personal injury attorney is helpful to understand your legal rights and to help start your claim for potential compensation.
I was hit by a car as a pedestrian, what do I do?
It's natural to feel overwhelmed and confused after being hit by a car as a pedestrian, but it's important to stay calm and take action. Taking the right steps immediately after the accident sets the stage for any legal claims you may make in the future.
1. Check on everyone's safety and call 911
Assuming that you're able to, move out of traffic to avoid any further danger. Check yourself for injuries and any other parties involved in a pedestrian accident. Call 911 regardless of how minor the injuries may seem. Injuries such as internal bleeding may not be apparent at first, and prompt medical attention can make a significant difference.
Call the police if you see that your 911 dispatch only has medical personnel on the way. Having an officer on-scene can help document the accident and provide evidence for any potential legal claims.
2. Collect insurance and license information from the driver
After ensuring immediate safety and calling for help, ask the driver of the vehicle involved in the accident for their:
- Insurance information
- Driver's license number
- Contact information
Also, make it clear that they need to stay at the scene until law enforcement arrives.
Some drivers might suggest leaving the scene, especially if they perceive the injuries as minor. Firmly insist they remain; their leaving could potentially be considered a hit-and-run, which is a serious offense. But remember that pedestrian safety is paramount, so maintain a safe distance if the driver becomes confrontational, and wait for the authorities to arrive.
3. Collect evidence from the accident scene
Collecting evidence at the scene of the accident is pivotal in building a strong case for any insurance claims or legal actions. If there are witnesses who saw the accident, politely ask them to remain on-scene until the police arrive so they can provide statements. This can greatly strengthen your account of the events.
Photos are incredibly powerful evidence for proving fault in a pedestrian-related accident. They not only serve as proof but also accurately capture the conditions and layout of the accident scene. Store these images safely on your phone or another device, so they can be readily shared with police, insurance companies, and your attorney.
Additionally, be sure to take detailed notes of any damages and injuries sustained, no matter how minor they may seem at the time. This information could prove essential in your case later on. Use your smartphone or a camera to take photos of several key aspects: your injuries, the vehicle that hit you, the driver, and the overall scene.
Be sure to document any potential evidence such as skid marks on the road, or if the vehicle had any malfunctioning lights or signals that could have contributed to the accident.
4. Contact a pedestrian accident lawyer
Seeking legal advice from a qualified pedestrian accident lawyer can be pivotal in ensuring you receive the compensation you're entitled to. Our legal professionals are well-versed in the nuances of pedestrian accidents and can provide invaluable advice on how to proceed with your claim.
A skilled New York pedestrian accident lawyer can handle negotiations with insurance companies, gather additional evidence as necessary, and if it comes down to it, represent you in court. Our lawyers have specific experience with pedestrian accidents in New York, so we're well-versed with state laws and regulations that may affect your case.
Got injured in a pedestrian accident and ready to take the next step? Contact us at Ajlouny Injury Law for a free consultation. Our team of experienced pedestrian accident lawyers is here to help you through this difficult time and fight for the compensation you need to recover and move forward.
5. See a doctor for a full medical evaluation
While you may have received medical attention at the scene for injuries and pain, schedule a follow-up visit with your physician as soon as possible even if you think your injuries are minor. After a pedestrian is hit, they may not feel any initial pain due to shock or adrenaline. As a result, serious physical injuries such as fractures or internal bleeding may not be immediately apparent. A doctor will be able to diagnose any potential injuries and provide you with the necessary treatment.
A full medical evaluation after a car accident is crucial for two reasons:
- Ensuring that all injuries are diagnosed and treated appropriately
- Creating a record of your injuries that can be used in any legal claims
Be sure to inform your doctor that you were involved in a pedestrian-car accident, and provide them with any injuries or symptoms you're experiencing.
Physical recovery after being hit by a car as a pedestrian can be a lengthy and challenging process, depending on the severity of your injuries. It's often beneficial to seek out physical therapy or chiropractic care to aid in your recuperation. These specialized treatments can help restore mobility, reduce pain, and speed up the healing process.
Getting hit by a vehicle can also have a significant emotional impact, so it's important to take care of your mental health as well. In many cases, these accidents can traumatize victims, leading to emotional and psychological stress. Therapy or counseling can provide valuable support during this difficult time.
When considering the costs of these therapies, it's critical to review your insurance policy to understand what treatments are covered. Additionally, if the accident was the result of someone else's negligence, you may be entitled to compensation that can cover medical expenses.
6. Notify your insurance company
Many insurance policies offer coverage for pedestrians involved in vehicular accidents, which can be essential for covering medical expenses and other losses. It's important to do this as soon as possible, as insurance companies often have strict deadlines.
When you call, provide a factual account of the incident without admitting fault or speculating about what happened. The insurance adjuster will likely ask for the police report number, details about the accident, and any evidence you've collected.
The average payout for a pedestrian hit by a car depends on numerous factors such as the severity of injuries, medical expenses, and any lost income due to recovery time. However, it's important to remember that every case is unique and requires a thorough evaluation to determine the appropriate compensation.
For example, if the pedestrian suffers from a broken bone, they may receive a higher payout than someone who only suffered minor scrapes and bruises. In addition, if the driver was found to be at fault for the accident, the insurance company may offer a larger settlement as opposed to if the pedestrian was partially at fault.
Additional reading: average settlement for a broken bone in a car accident in New York
The legal process after your accident
Understanding the legal process following an accident can often feel overwhelming, especially when you're trying to recover from your injuries. It's important to familiarize yourself with what lies ahead as you consider taking legal action.
Below is an overview of the typical legal process that follows a pedestrian-car accident in New York:
- Filing a Claim: Within days of getting struck by a car, initiate a claim with the at-fault party's insurance company. Provide them with all necessary documentation, including the police report and evidence of damages.
- Review Process: The insurer will review the claim, which can take a few weeks to a couple of months. This includes assessing provided documents and possibly requesting additional information.
- Negotiation: Once the review is complete, the negotiation phase begins. This could last from a few weeks to several months, depending on the complexity of the claim and the willingness of both parties to agree on a settlement.
- Settlement: If the negotiation is successful, a settlement is reached. Most cases end here, with the injured party receiving compensation for damages and injuries without going to court.
- Filing a Lawsuit: If a settlement cannot be reached, your attorney might recommend filing a lawsuit. This should be done within the statute of limitations, which varies by state. In New York, this is typically three years from the time of the accident.
- Discovery Phase: After filing a lawsuit, both parties exchange evidence and conduct depositions. This phase can last several months to a year.
- Mediation and Negotiation: Even after a lawsuit is filed, negotiation continues. A neutral third party may mediate to help reach a settlement before going to trial. This could add weeks to months to the process.
- Trial: If mediation fails, the case goes to trial. Trials can last from a few days to several weeks, but scheduling a trial date might take a year or more after the lawsuit is filed.
- Verdict: After the trial, a verdict is issued. If successful, it may still take several months to receive the awarded compensation due to possible appeals or delays in processing.
The full timeline from filing a claim to receiving compensation can range from a few months for straightforward settlements to several years if the case goes to trial. The duration at every stage in the legal process can vary considerably depending on the specifics of your case and the parties involved.
Come and see how a free consultation with one of our experienced lawyers can help you start your recovery process
How we’ve helped pedestrians after they’ve been struck by a vehicle
At Ajlouny Injury Law, we've dedicated our practice to championing the rights of pedestrians injured in vehicle accidents. Through our comprehensive legal support, we've guided many clients through the complexities of their claims, achieving successful outcomes that aid in their recovery and return to daily life. Here are some highlights from our cases:
- We represented a pedestrian who suffered multiple fractures after being hit by a speeding driver in Brooklyn. Our team meticulously gathered evidence, including surveillance footage and eyewitness accounts, leading to a significant settlement that covered our client's medical expenses, rehabilitation, and pain and suffering.
- In another case, a client was struck in a crosswalk by a driver who ran a red light. We aggressively negotiated with the insurance company, emphasizing the driver's clear fault and our client's extensive physical therapy needs. The settlement reached provided our client with the financial support necessary for a full recovery.
- A particularly challenging case involved a pedestrian hit by an uninsured motorist. Understanding the financial strain this placed on our client, we pursued alternative compensation methods, ultimately securing funding through a state uninsured motorist fund. Our client received adequate compensation for medical bills, lost wages, and emotional distress.
These cases exemplify our commitment to securing justice and compensation for our clients. At Ajlouny Injury Law, we understand the profound impact an accident can have on your life and well-being. Our experienced legal team is prepared to provide the comprehensive support and representation you need to navigate the legal process and get the compensation you deserve.
Let us help you secure the maximum compensation you deserve
Don't wait to take action on the compensation you deserve. Our skilled team is ready to advocate for you, ensuring that you receive the maximum compensation possible for your injuries and losses. Whether you've been hit by a negligent driver, injured on the job, or harmed in any other type of accident, we have the knowledge and resources to fight for your rights.
Call us now at (718) 521-2251 to start your journey toward recovery and justice. Your future matters, and we're here to make sure it's a brighter one.
Final words
The legal process for a car crash involving pedestrians can be lengthy and complex, but understanding the steps involved can help you better navigate it. Whether you're negotiating with an insurance company or pursuing a lawsuit, having the support and guidance of experienced legal professionals can make all the difference.
While we hope you never have to go through the aftermath of a pedestrian-car accident, know that Ajlouny Injury Law is here for you if you do. We'll fight for your rights and ensure that you receive the maximum compensation possible, so you can focus on healing and moving forward with your life.
FAQs
How much money can you get from getting hit by a car in New York?
The compensation for getting hit by a car in New York varies widely based on the severity of injuries and case specifics. Settlements can range from thousands to millions of dollars, considering medical costs, lost wages, pain and suffering, and long-term impacts on the victim's life.
How long is recovery after being hit by a car?
Recovery time after being hit by a car can vary greatly, from a few weeks for minor injuries to several years for more severe cases. It largely depends on the nature and extent of your injuries, as well as your overall health and access to adequate medical care.
How serious is getting hit by a car?
Getting hit by a car can range from minor to fatal injuries. The severity often depends on the car's speed, the pedestrian's position at impact, and other factors. Injuries can include fractures, internal damage, traumatic brain injuries, or even death, making every incident potentially serious.
