Content reviewed by:
Alex Shulman
If you were hit by a car while walking, you may be facing medical bills, time away from work, and questions about what comes next. Our team helps injured pedestrians and families after crosswalk collisions, hit-and-runs, bus and truck impacts, and fatal pedestrian crashes in White Plains.
When you need a path forward, a pedestrian accident lawyer in White Plains can guide your next steps. At Shulman & Hill, we handle pedestrian claims throughout Westchester County, from Mamaroneck Avenue to the Bronx River Parkway.
We build cases under New York law and pursue payment from the at-fault driver’s insurer, your no-fault benefits, or other responsible parties. To learn more, talk to a White Plains personal injury lawyer today and schedule a free consultation.
Your Rights After a Pedestrian Accident in White Plains
New York law gives you important rights after a driver hits you, even if you were outside a crosswalk. Drivers must use due care to avoid colliding with pedestrians, and you can seek compensation when they fail. You may recover no-fault benefits for medical costs and, when injuries are serious, pursue pain and suffering from the at-fault party.
You can file claims for hospital bills, therapy, lost wages, future care, and non-economic losses. If a loved one passed away, a wrongful death action may be available. Our White Plains pedestrian accident attorney team explains each option and respective timelines.
If the crash involved a city vehicle, defective roadway, or broken traffic signal, municipal rules apply. That includes fast notice requirements that we address below.
Why Pedestrian Crashes Happen and Who May Be Liable
Most pedestrian collisions trace back to preventable conduct. Common causes include speeding, failing to yield at crosswalks, rolling right turns on red, distraction, impairment, and poor visibility at dusk. Road design and snow or ice around curb cuts can also contribute.
Multiple parties can share responsibility. Potential defendants include the driver, the driver’s employer (if on the job), a bar under New York’s Dram Shop laws, a vehicle owner, or a public entity responsible for lighting, signage, or signals. A White Plains pedestrian accident lawyer will investigate all angles to identify every source of recovery.
Because New York follows pure comparative negligence, even if you’re alleged to be partially at fault, your compensation is reduced—but not eliminated—by your percentage of responsibility. We work to limit unfair fault claims.
Immediate Steps to Protect Your Claim
Your health comes first. Seek medical care right away and follow your treatment plan. Prompt documentation links your injuries to the crash and fills in gaps an insurer might exploit.
Report the collision to the police and request the MV-104A report number. If you can, gather names of witnesses and note nearby cameras from stores, buses, or traffic poles. Preserve your shoes, torn clothing, and photos of the scene, your injuries, and any debris.
Notify your no-fault carrier quickly. As a pedestrian, you typically claim no-fault benefits from the vehicle’s insurer. If the responsible party is unknown or uninsured, you may be able to secure coverage under the Motor Vehicle Accident Indemnification Corporation (MVAIC). We can handle these notices and forms to keep deadlines from slipping.
Evidence That Proves Fault and Damages
Winning a pedestrian case depends on strong, timely evidence. We act fast to collect and preserve proof that can disappear within days. Here’s the evidence we tend to look for in pedestrian crash cases:
- Intersection, storefront, bus, and residential camera footage
- Black box data from commercial vehicles and ride-hail telematics
- 911 audio, dispatch logs, and police body-worn camera video
- Scene measurements, skid and scuff marks, and vehicle damage
- Eyewitness statements and accident reconstruction analysis
- Medical records, wage documentation, and life care plans
Taken together, this material shows how the driver violated New York traffic laws, how the impact occurred, and how your injuries affect your work and daily life. The clearer the link, the stronger your leverage in negotiations or at trial.
Understanding No-Fault, Serious Injury, and Compensation
New York’s no-fault system generally pays up to $50,000 for reasonable medical expenses and a portion of lost earnings, regardless of fault. For pedestrians, the vehicle’s insurer provides these benefits. If the driver fled and cannot be identified, coverage under the MVAIC can be an option.
To secure pain and suffering and other non-economic damages, you must meet the state’s “serious injury” threshold. Qualifying categories include significant disfigurement, fracture, permanent consequential limitation, and significant limitation of use. We will work with your treating doctors and independent experts to fit medical findings into these categories.
Beyond medical bills and wages, you can claim future care costs, reduced earning capacity, household assistance, mobility aids, scar revision, and emotional harms. In egregious conduct like drunk driving at high speeds, punitive damages may be pursued.
Filing Deadlines and Claims Against Public Entities
Most New York negligence lawsuits carry a three-year statute of limitations, measured from the date of injury. Wrongful death actions are generally two years from the date of death. Evidence and witness memory fade, so earlier action is usually better.
Claims involving public entities move much faster. If a city, county, or public authority contributed—such as through a malfunctioning signal, obscured sign, or a public bus—the law may require a Notice of Claim within 90 days and a shorter window to file suit. Missing these dates can end a case.
We review ownership and maintenance logs, 311 records, and prior incident data to determine whether a municipal notice is required. Our team prepares and serves the paperwork while continuing the broader investigation.
Dealing With Insurers and Securing a Fair Settlement
Insurers often contact pedestrians quickly, hoping to lock in a statement or a low settlement before the full scope of injuries is known. You do not have to provide a recorded statement to the at-fault insurer and can direct them to us.
We calculate case value only after understanding your diagnosis, treatment plan, and prognosis. Offers that arrive before key imaging, referrals, or specialist evaluations are rarely complete. When an insurer disputes fault, we point to vehicle and traffic statutes, crosswalk rules, and due care provisions that protect pedestrians.
If negotiations stall, we file suit and continue building leverage through depositions and expert reports. Most cases resolve before trial, but being ready for court can move the needle in your favor.
How Shulman & Hill Will Build Your Case
From day one, we focus on speed and precision. We can send evidence preservation letters to nearby businesses, obtain bus and traffic camera data, and secure 911 records before retention periods expire. We will also sometimes photograph sight lines and lighting at the same time of day as the crash to capture real-world conditions.
Our lawyers organize medical records, track no-fault billing, and coordinate specialists who can explain future care and limitations. By presenting your story clearly, we’ll demonstrate how the collision changed your work, family life, and independence.
Our Contingency Fee and Free Case Review
Pedestrian cases are taken on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation for you. During your free consultation, we’ll review the facts, outline the likely timelines, and discuss what to expect from the claims process in plain language.
What to Expect From the Lawsuit or Settlement Process
Most cases begin with no-fault filings, medical care, and a liability claim to the driver’s insurer. We gather records, set a valuation range, and negotiate. If the offer is not fair, we file suit within the deadline.
Litigation involves written discovery, depositions, medical examinations, and motion practice. Settlement can occur at any point. If going to trial is necessary, we present witnesses and experts so jurors see both the mechanics of the crash and your day-to-day challenges.
Throughout, we prepare you for each step and handle the heavy lifting so you can focus on healing. Whether your matter resolves in months or takes longer, our goal is full and fair compensation under New York law.
Contact a White Plains Pedestrian Accident Lawyer Today
You do not have to face insurers or a court on your own. Shulman & Hill can investigate your crash, manage no-fault benefits, and pursue the at-fault party for the compensation the law allows.
If you need a White Plains pedestrian accident attorney or a broader New York pedestrian accident lawyer, our team is ready. Contact us today to start your free case review and learn how we can help you move forward.