Navigating New York’s busy streets carries significant risks. Pedestrian accidents can result in devastating consequences. Taking the right steps in the immediate aftermath is crucial for both your recovery and your ability to secure fair compensation. New York has unique rules for pedestrian accident claims that distinguish them from standard car accident cases. Please continue reading to learn what you should do if you’re injured as a pedestrian in New York and how a determined Queens Pedestrian Accident Attorney can help you understand your legal options.
What Steps Should You Take After a Pedestrian Accident?
Being struck by a vehicle as a pedestrian can be disorienting. However, it’s crucial to take the right steps to ensure your well-being and protect your rights. If you’re physically capable, dial 911. Even if your injuries seem minor, medical care is essential. Adrenaline can mask symptoms, and some injuries don’t manifest right away. A documented medical record can help link the accident and your injuries.
From here, you should capture photos and videos of the vehicle, the location, traffic signals, crosswalk markings, and any visible injuries. It’s also important to obtain the driver’s information, including their insurance and license plate. You should collect contact information from any witnesses, as they may be able to corroborate your version of the events if liability is disputed down the road.
Can You Sue the Driver Directly?
Under New York law, Personal Injury Protection (PIP) coverage is available to pedestrians injured by motor vehicles. It’s often referred to as “no-fault” insurance; this policy pays up to $50,000 for medical treatment and lost income without requiring proof of negligence. These benefits are typically provided by the insurer of the specific vehicle that caused the injury.
While the no-fault system is your first recourse avenue, you may be able to take legal action directly against the driver for non-economic losses like pain and suffering if your medical costs exceed the PIP threshold or if your injury is deemed “serious” under New York Insurance Law § 5102(d), which covers fractures and permanent loss of bodily functions.
Should I Speak to an Insurance Adjuster?
After the accident, you’ll likely be approached by an insurance adjuster. You should refrain from providing a recorded statement until you have consulted a qualified attorney. Adjusters are trained to ask leading questions to undermine your claim or assign you a portion of the liability. Minor comments made at the scene can be twisted to suggest you contributed to the cause of the accident.
Why Should You Speak to an Attorney?
Early legal guidance is crucial when navigating the aftermath of a pedestrian accident. A skilled attorney from the Law Offices of George Poulos can defend your claim against insurance adjuster tactics and ensure you meet strict filing deadlines. Contact our office today to schedule a free consultation to explore your options and ensure your rights are protected.