Being involved in a pedestrian accident can be a life-changing event. It often brings confusion, worry, and uncertainty about what to do next. If you are reading this, you or someone you love may be dealing with the aftermath of such an incident. This is an overwhelming time, and you might be unsure of your rights, the legal process, or how to pursue justice for what happened. We are here to help guide you through this process and provide the support you need. At, Andrews, Bernstein & Maranto, PLLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Understanding Pedestrian Accidents in New York
Pedestrian accidents can happen anywhere, from busy city streets to quiet suburban neighborhoods. These incidents often occur due to negligent drivers who fail to yield, drive while distracted, or ignore traffic signals. As a pedestrian, you are among the most vulnerable road users. Even a low-speed collision can result in severe injuries, including broken bones, head trauma, and long-term disabilities.
New York law recognizes the rights of pedestrians and holds negligent parties accountable. If a driver’s actions caused your injury, you have the right to seek compensation. This legal process can feel overwhelming, especially when you are trying to recover. Understanding your rights and the steps to take is the first step toward securing the justice and compensation you deserve.
Your Rights as an Injured Pedestrian
New York law provides robust protections for pedestrians involved in accidents. If you were injured, you might be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. It is essential to know that New York operates under a no-fault insurance system. This means that your initial claim will typically be filed through the driver’s insurance company, regardless of who was at fault.
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Andrews
Partner
Robert
Maranto
Partner
Tom
Kotrys
Partner
Norton
Lowe
Attorney
Amanda
Blum
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Iacono
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Maranto, III
Attorney
However, when injuries are severe, you may be eligible to step outside the no-fault system and pursue a personal injury claim against the driver. To do this, you must meet specific thresholds under New York law, such as proving that your injuries are considered “serious” under legal standards. This can include fractures, significant disfigurement, or injuries that prevent you from performing daily activities for an extended period.
Common Challenges in Pedestrian Accident Cases
Pedestrian accident claims can be complex. Insurance companies often try to minimize payouts, and proving fault can be challenging in some cases. The driver may claim that you were not paying attention or that you entered the roadway unexpectedly. These tactics are designed to shift blame and reduce liability.
Gathering evidence is critical to overcoming these challenges. This includes photographs of the scene, witness statements, police reports, and medical records. In some cases, traffic camera footage or accident reconstruction may also play a role in proving what happened.
The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”
- Jane D.
How to Protect Your Claim After an Accident
If you have been injured in a pedestrian accident, taking the right steps early can significantly impact your case. Seeking medical attention should be your first priority. Not only does this ensure your health and safety, but it also creates a record of your injuries that can support your claim.
Reporting the accident to the police is another crucial step. A police report can serve as valuable evidence when it comes to determining fault. Make sure to document everything you remember about the incident, including the location, time, and any details about the driver and vehicle involved.
Avoid speaking with insurance adjusters without proper guidance. Insurance companies are not on your side, and their goal is often to settle claims for as little as possible. Having legal representation ensures that your rights are protected during these conversations.
Proving Negligence in a Pedestrian Accident Case
In many pedestrian accident claims, proving negligence is key to securing compensation. Negligence occurs when a driver fails to exercise reasonable care, resulting in harm to another person. Examples of negligence include speeding, texting while driving, failing to yield at crosswalks, and running red lights.
To build a strong case, you must demonstrate that the driver’s actions directly caused your injuries. This involves establishing several elements, including duty of care, breach of duty, causation, and damages. A skilled attorney can help gather the necessary evidence and present a compelling case on your behalf.
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Recovering Compensation for Your Injuries
The compensation you may recover depends on the circumstances of your case and the extent of your injuries. Medical expenses are often a significant part of pedestrian accident claims, covering everything from emergency care and surgeries to ongoing rehabilitation and therapy.
In addition to medical costs, you may be entitled to compensation for lost income if your injuries prevent you from working. Pain and suffering, emotional distress, and loss of enjoyment of life are other potential areas of recovery. Each case is unique, and the specific damages you can pursue will depend on your situation.
When Legal Help Becomes Essential
Navigating the legal process after a pedestrian accident can feel overwhelming, especially while you are focused on recovering. Having someone to advocate for you and handle the complexities of your case can make a significant difference. Legal professionals understand the challenges you are facing and work to ensure that you receive the compensation you deserve.
The legal system can be difficult to navigate alone. Deadlines must be met, evidence must be preserved, and negotiations with insurance companies require careful strategy. Missing a step in this process can jeopardize your claim. Having representation allows you to focus on healing while knowing your case is in capable hands.
Verdicts & Settlements
Understanding the Impact of Pedestrian Accidents
The physical and emotional toll of a pedestrian accident can be devastating. Victims often face long recovery periods, ongoing medical treatments, and disruptions to their daily lives. The financial strain from mounting medical bills and lost income can add to the stress, making it even harder to focus on healing. Emotional challenges like anxiety, depression, or post-traumatic stress can also emerge, affecting every aspect of life. Addressing these impacts requires more than financial compensation; it requires understanding and personalized support to help you rebuild your life.
The Importance of Timely Action
Time is a critical factor in pedestrian accident cases. In New York, there are strict deadlines for filing claims, known as statutes of limitations. Failing to act within these timeframes can result in losing your right to pursue compensation. Beyond legal deadlines, acting quickly helps preserve evidence and strengthens your case. Witness memories fade, physical evidence can disappear, and delays can complicate the legal process. Seeking legal guidance early ensures that your case is handled efficiently and effectively from the start.
At Andrews, Bernstein & Maranto, PLLC, we are committed to helping pedestrians injured in accidents secure justice and fair compensation. We understand the fear and uncertainty that come after a collision, and we are here to provide guidance and support every step of the way.
Our team works tirelessly to investigate your case, gather evidence, and negotiate with insurance companies on your behalf. If needed, we are prepared to take your case to court to fight for the results you deserve. We take pride in helping clients regain control of their lives after a pedestrian accident.
If you or a loved one has been injured in a pedestrian accident, do not hesitate to reach out. Contact Andrews, Bernstein & Maranto, PLLC today to schedule a consultation. Let us help you understand your rights and take the next steps toward a successful resolution of your case.
