Being hit by a car is a terrifying experience. Pedestrians often suffer severe injuries, leaving them with expensive medical bills, lost wages, and long-term pain. In many cases, the driver’s insurance company will try to minimize your claim or shift blame onto you to avoid paying what you deserve.
That’s why having a New York pedestrian accident attorney on your side is so important. An experienced lawyer can protect your rights, gather evidence to strengthen your case and fight for the maximum compensation available. If you’ve been injured, don’t face this battle alone—legal guidance can make all the difference.
How a Lawyer Can Help After a Pedestrian Accident
Hiring an attorney after a pedestrian accident isn’t just about filing paperwork—it’s about making sure you get the compensation you need to recover. Here’s how a lawyer can help:
- Investigating the Accident – Gathering evidence like traffic camera footage, witness statements, and accident reports to determine who was at fault.
- Handling Insurance Companies – Insurers often try to pressure victims into low settlements or deny claims altogether. An attorney ensures you don’t accept less than you deserve.
- Calculating Your Damages – Medical expenses, lost wages, rehabilitation costs, and pain and suffering should all be factored into your claim.
- Proving Liability – If the driver was speeding, distracted, or violating traffic laws, your lawyer will work to hold them accountable.
Without legal representation, you may not receive full and fair compensation. An attorney helps level the playing field against insurance companies and negligent drivers.
Common Injuries in Pedestrian Accidents
Pedestrian accidents often result in life-changing injuries. Some of the most common include:
- Broken Bones – Legs, arms, ribs, and hips are vulnerable when a pedestrian is struck.
- Head and Brain Injuries – Traumatic brain injuries (TBIs) can lead to cognitive issues, memory loss, and long-term disabilities.
- Spinal Cord Damage – Back and neck injuries can cause chronic pain or paralysis in severe cases.
- Internal Injuries – Internal bleeding and organ damage may not be immediately visible but can be life-threatening.
- Lacerations and Soft Tissue Injuries – Cuts, bruises, and torn ligaments can cause significant pain and require extensive recovery time.
Even minor injuries can lead to lasting complications. If you’ve been hit by a car, seeking medical attention right away is critical—not only for your health but also for documenting your injuries in a potential legal claim.
Proving Fault in a Pedestrian Accident
New York law requires drivers to exercise caution and yield to pedestrians in most situations. However, determining fault isn’t always straightforward. Insurance companies will look at factors like:
- Traffic Signals and Crosswalks – Did the pedestrian have the right of way?
- Driver Negligence – Was the driver speeding, distracted, or driving under the influence?
- Comparative Negligence – Did the pedestrian contribute to the accident by jaywalking or ignoring traffic signals?
New York follows a comparative negligence rule, meaning fault can be shared between both parties. Even if a pedestrian is partially responsible, they may still recover damages—but their percentage of fault will reduce their compensation. This is why legal representation is so crucial.
What Compensation Can You Recover?
A pedestrian accident claim can help you recover compensation for:
- Medical Bills – Emergency care, surgeries, rehabilitation, and ongoing treatments.
- Lost Wages – Income lost due to time away from work, as well as reduced earning capacity if you can’t return to your previous job.
- Pain and Suffering – Physical pain, emotional trauma, and the impact the accident has had on your daily life.
- Wrongful Death – If a pedestrian accident results in a fatality, surviving family members may seek compensation for funeral costs and loss of companionship.
An attorney will assess the full extent of your damages and ensure you don’t settle for less than you need to recover.
How Our Firm Can Help
At Bornstein & Emanuel, P.C., we have the knowledge and experience to handle complex pedestrian accident cases. If you’ve been hit by a car, we will fight to hold the responsible party accountable and secure the compensation you deserve.
Our legal team will investigate your accident, gather evidence, and handle negotiations with insurance companies on your behalf. We know how to push back against unfair blame and maximize your financial recovery. You shouldn’t have to worry about legal battles while healing from an injury—let us take care of the legal process for you.
Contact us today for a free consultation. There are no upfront costs, and we only get paid if we win your case. Call now to learn how we can help.
