Content reviewed by:
Alex Shulman
Pedestrian accidents can cause life-changing injuries. If you were the victim of one, a Clarkstown personal injury lawyer can help you recover damages.
Even a minor pedestrian crash can have long-lasting consequences. If you were hit by a negligent driver while crossing the street, a pedestrian accident lawyer in Clarkstown from Shulman & Hill can help you file a claim and obtain a fair settlement.
Why Hire a Clarkstown Pedestrian Accident Lawyer?
Insurance companies often look for ways to minimize pedestrian accident settlements or shift blame onto pedestrians.
A Clarkstown pedestrian accident lawyer can step in and help by:
- Collecting evidence: We can gather police reports, witness statements, surveillance footage, and other evidence to prove how the crash occurred and who is at fault.
- Calculating damages: We can assess your losses and determine the true value of your claim.
- Negotiating a settlement: We can communicate with insurance companies on your behalf and pursue a settlement that reflects your claim’s true value.
- Taking your case to court: If a fair settlement cannot be reached, we can present your case in court and advocate for you before a judge or jury.
Common Causes of Pedestrian Accidents in Clarkstown
Pedestrian accidents can occur almost anywhere, including intersections, parking lots, sidewalks, residential neighborhoods, and commercial areas.
Some of the most common causes of these crashes include:
- Distracted driving
- Texting while driving
- Speeding
- Failure to yield at crosswalks
- Running red lights or stop signs
- Driving under the influence of alcohol or drugs
- Drowsy driving
- Improper turns at intersections
- Backing up without checking for pedestrians
- Inclement weather conditions
- Failure to obey traffic laws
Common Pedestrian Accident Injuries
Recovering from a pedestrian accident can take months or even years.
Common injuries include:
- Traumatic brain injuries (TBIs)
- Concussions
- Skull fractures
- Spinal cord injuries
- Neck injuries
- Back injuries
- Broken bones
- Multiple fractures
- Internal bleeding
- Organ damage
- Facial injuries
- Dental injuries
- Soft tissue injuries
- Road rash and abrasions
- Crush injuries
- Post-traumatic stress disorder (PTSD)
What Types of Compensation Can You Recover?
Victims of pedestrian accidents may be entitled to recover compensation for both economic and non-economic losses, including:
- Medical expenses: You can recover compensation for emergency treatment, hospital stays, surgeries, doctor visits, rehabilitation, medications, and other healthcare costs related to the accident.
- Future medical care: You can recover compensation for anticipated treatment needs, ongoing therapy, assistive devices, and long-term medical support.
- Lost wages: You can seek compensation for income you missed out on while recovering from your injuries.
- Loss of future earning capacity: You can recover additional damages if your injuries compromise your ability to earn income in the future.
- Pain and suffering: You can receive compensation for the physical pain and discomfort caused by the accident and your injuries.
- Emotional distress: You can pursue damages for anxiety, depression, PTSD, and other psychological effects of the accident.
- Loss of enjoyment of life: You can recover additional compensation if your injuries prevent you from participating in activities you previously enjoyed.
- Permanent disability or disfigurement: You can seek damages for lasting impairments, scarring, or other permanent consequences of the accident.
- Property damage: You can recover compensation for personal property damaged in the collision, such as your phone, bicycle, or other belongings.
- Punitive damages: In rare cases involving particularly reckless or intentional misconduct from the at-fault party, additional damages may be awarded.
How Is Fault Determined in a Pedestrian Accident Case?
Determining fault is one of the most important aspects of a pedestrian accident claim.
Evidence used to determine liability in your case may include:
- Police reports
- Surveillance video
- Traffic camera footage
- Witness statements
- Photographs of the accident scene
- Vehicle damage reports
- Cell phone records
- Accident reconstruction analysis
- Medical records
- Expert testimony
What to Do After a Pedestrian Accident in Clarkstown
Everything you do after a pedestrian accident will affect your personal injury claim.
It’s critical to:
- Call law enforcement and report the accident.
- Obtain contact information from the driver and witnesses.
- Take photographs of the accident scene and your injuries (if you are able).
- Seek immediate medical attention.
- Save any damaged personal property.
- Follow your doctor’s treatment plan.
- Keep records of your medical bills and other expenses related to the accident.
- Avoid discussing fault at the scene or with insurance adjusters.
- Get help from a pedestrian accident attorney in Clarkstown before agreeing to a settlement.
What Is the Statute of Limitations for Pedestrian Accident Claims in New York?
New York generally provides a three-year statute of limitations for personal injury lawsuits arising from pedestrian accidents. If you try to file a lawsuit after this deadline passes, the court will likely dismiss your case.
Exceptions may apply in certain scenarios, such as if your case involves a government entity or injured minors. This is why it’s important to get legal assistance as soon as possible.
Talk to a Pedestrian Accident Attorney in Clarkstown
The road to recovery after a pedestrian accident can be challenging. If you were injured in a crash that wasn’t your fault, a Clarkstown pedestrian accident attorney from Shulman & Hill can take on your case, deal with the insurance company, and help you secure fair compensation.
Book a free case review to learn more about your legal options.