Pedestrian accidents happen more often than they should, especially in busy cities like New York. Drivers fail to yield, speed through intersections, and ignore crosswalks, causing life-changing injuries. What should be a simple walk across the street can turn into months or even years of medical recovery.
Many accident victims don’t know where to start. Should you file an insurance claim? How do you deal with medical bills? Can you take legal action? These are tough questions, and insurance companies won’t make things easy. They often downplay injuries or try to shift blame.
At Poltielov Law Firm, we stand up for injured pedestrians and fight for the compensation they deserve. If you’ve been hurt in a crosswalk accident, reach out to our Queens pedestrian accident attorneys for a free consultation.
Right to Safety on the Road
As a pedestrian, you have the fundamental right to safety while using crosswalks and sidewalks. Under New York Vehicle and Traffic Law (VTL) § 1151, vehicles must yield the right of way to pedestrians in marked or unmarked crosswalks. This means that drivers must slow down or stop when pedestrians are crossing at intersections. If a driver fails to stop, speeds, or engages in distracted driving, they violate your right to a safe passage. In such cases, the law provides avenues for holding negligent drivers accountable.
Right to Compensation for Injuries
If you are struck by a vehicle while lawfully using a crosswalk, you have the right to seek compensation for any injuries sustained. New York’s no-fault insurance system ensures that medical expenses and lost wages are covered, regardless of fault. However, if your injuries are severe, you may be entitled to additional damages such as pain and suffering, long-term rehabilitation costs, and loss of quality of life by filing a lawsuit against the at-fault driver.
Right to a Fair Settlement or Jury Verdict
After a pedestrian accident, insurance companies may attempt to offer a low settlement that does not fully cover your medical expenses and other losses. You have the right to negotiate for a fair settlement that adequately compensates you for your injuries. If a reasonable agreement cannot be reached, you also have the right to take your case to court and seek justice through a jury verdict.
Right to Legal Representation
The legal process after being hit in a crosswalk can be overwhelming. You have the right to seek legal counsel from a qualified personal injury attorney who can advocate on your behalf, gather evidence, negotiate with insurance companies, and represent you in court if necessary. Having an experienced lawyer can significantly improve your chances of securing the compensation you deserve.
Steps to Take After a Pedestrian Accident
Here’s what you should do:
Seek Immediate Medical Attention
Even if you think you’re fine, always get checked by a doctor. Some injuries, like concussions or internal bleeding, don’t show up right away. Getting medical care right after the accident also creates a record of your injuries, which can help if you need to file a claim later.
Follow Your Doctor’s Orders
Once you’ve seen a doctor, make sure to follow their instructions. If they tell you to rest, go to physical therapy, or take certain medications, do it. Ignoring medical advice can slow your recovery and may hurt your case if you seek compensation.
Stay Off Social Media
It might be tempting to post about what happened, but it’s best to stay quiet online. Insurance companies and lawyers often check social media for anything they can use against you. Even an innocent post about feeling better could be taken out of context and used to question your injuries.
Document Your Recovery
Keep track of your medical visits, treatments, and how you’re feeling each day. Save all receipts and medical records. These details can be important if you need to prove how the accident has affected your life.
Do Not Provide a Recorded Statement
Politely decline if an insurance company calls and asks for a recorded statement. They may try to use your words against you to reduce your claim. It’s best to speak with a pedestrian accident lawyer first.
Who Is Liable for the Pedestrian Accident?
Liability in a pedestrian accident depends on:
- The Driver: If they failed to yield, were speeding, distracted, or driving under the influence.
- The Pedestrian: If they were jaywalking, crossing against the signal, or acting recklessly.
- The City or Local Government: If poor road design, broken traffic signals, or missing crosswalks contributed to the accident.
- A Third Party: If another driver’s actions force the at-fault driver into the pedestrian.
Determining liability isn’t always straightforward. Poltielov Law Firm can help investigate and build your case.
Time Limits for Filing a Pedestrian Accident Claim
New York has a statute of limitations for filing personal injury claims. In most cases:
- You have three years from the date of the accident to file a lawsuit against the at-fault driver.
- If a government vehicle was involved, you may have as little as 90 days to file a claim with the municipality.
Failing to file within these timeframes can result in losing your right to compensation.
Win Your Case with a Queens Pedestrian Accident Attorney by Your Side
Pedestrian accident claims aren’t just about medical bills. They’re about your future—how you recover, how you pay your expenses, and how you move forward. The right pedestrian accident lawyer can be the difference between getting the compensation you need or struggling to make ends meet.
At the Poltielov Law Firm, we take that responsibility seriously. We fight for injured pedestrians, ensuring they don’t get pushed around by insurance companies or left with unfair settlements. We know what’s at stake, and we don’t back down.
If you were hit in a crosswalk, don’t settle for less than you deserve. Let’s discuss your case and your options. Call us at 718-880-2911 or contact us online for a free consultation. You don’t pay unless we win—because we’re in this with you.