NYC Pedestrian Accident Lawyer
Walking through New York City streets presents unique challenges and risks for pedestrians. With millions of people navigating crosswalks, intersections, and busy thoroughfares daily, pedestrian accidents remain a significant concern throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. At Kelner & Kelner, we understand the devastating impact these collisions have on victims and their families, and we are committed to helping injured pedestrians pursue the compensation they deserve.
You've Suffered Enough
We'll go after the compensation you deserve. Don't pay a penny unless we win your case. Contact Kelner & Kelner today at (212) 425-0700 or through our website.
What Should I Do Immediately After Being Hit By A Car As A Pedestrian?
Your first priority is seeking medical attention, even if you feel your injuries are minor. Some serious conditions like internal bleeding or traumatic brain injuries may not show immediate symptoms. Call 911 to report the accident and ensure police documentation. If you are physically able, take photographs of the accident scene, vehicle damage, your injuries, and surrounding conditions. Collect contact information from the driver, witnesses, and any passengers. Avoid discussing fault or making statements to insurance representatives before consulting with Kelner & Kelner about your rights and options.
How Much Is My Pedestrian Accident Case Worth?
Case value depends on multiple factors including injury severity, medical expenses, lost wages, permanent disabilities, pain and suffering, and impact on your quality of life. Minor injuries requiring limited treatment may result in smaller settlements, while catastrophic injuries causing permanent disability, extensive medical needs, or inability to work produce significantly higher compensation awards. Each case is unique, and Kelner & Kelner evaluates your specific circumstances, medical records, and long-term prognosis to determine appropriate compensation demands during our free consultation.
Can I Still File A Claim If The Accident Was Partially My Fault?
Yes. New York follows a pure comparative negligence system, allowing you to recover damages even if you were partially responsible for the accident. Your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault for crossing against a signal, you would receive 80% of your total damages. Even jaywalking or distraction does not automatically bar recovery. Kelner & Kelner thoroughly investigates accident circumstances to minimize any fault attributed to you and maximize your compensation.
How Long Do I Have To File A Pedestrian Accident Lawsuit In New York?
Generally, you have three years from the accident date to file a personal injury lawsuit against at-fault drivers and other negligent parties. However, claims against New York City or other municipalities require filing a notice of claim within 90 days of the accident, with strict procedural requirements. Wrongful death claims must typically be filed within two years of the death date. Missing these deadlines can permanently bar your right to compensation, so contacting Kelner & Kelner promptly ensures all filing deadlines are met.
What Types Of Compensation Can I Recover After A Pedestrian Accident?
You may be entitled to compensation for past and future medical expenses, including emergency treatment, hospitalization, surgery, rehabilitation, medications, and medical equipment. Lost wages during your recovery period and future earning capacity if you cannot return to your previous employment are recoverable. You can also pursue damages for pain and suffering, emotional distress, permanent disability, disfigurement, loss of enjoyment of life, and reduced quality of life. Property damage to personal belongings is also compensable. Kelner & Kelner thoroughly documents all losses to ensure comprehensive compensation demands.
What If The Driver Who Hit Me Did Not Have Insurance?
Uninsured drivers remain liable for damages they cause, though collecting compensation may require different approaches. Your own auto insurance policy may include uninsured motorist coverage that provides compensation. You may also have options through MedPay coverage or health insurance for medical expenses. In some cases, other parties such as vehicle owners, employers, or municipalities may share liability. Kelner & Kelner identifies all potential sources of compensation and pursues every available avenue for your recovery.
Do I Need To Accept The Insurance Company's First Settlement Offer?
No, and you should not accept any settlement offer before consulting with Kelner & Kelner. Initial offers from insurance companies typically represent a fraction of true case value, particularly when injuries require ongoing treatment or produce long-term effects. Insurance adjusters aim to close claims quickly and inexpensively, often before victims understand the full extent of their injuries and future needs. Once you accept a settlement and sign a release, you forfeit all rights to pursue additional compensation, even if complications arise later.
What If I Was Crossing Outside Of A Crosswalk When I Was Hit?
Crossing outside designated crosswalks, known as jaywalking, does not automatically prevent you from recovering compensation. While it may reduce your recovery under comparative negligence principles, drivers still have a legal duty to exercise reasonable care and avoid striking pedestrians regardless of location. Factors such as driver speed, distraction, impairment, or failure to maintain proper lookout may establish driver negligence despite your crossing location. Kelner & Kelner evaluates all circumstances to build the strongest possible case for compensation.
How Long Does It Take To Resolve A Pedestrian Accident Case?
Resolution timelines vary significantly based on injury severity, treatment duration, liability disputes, insurance company cooperation, and whether litigation becomes necessary. Straightforward cases with clear liability and documented injuries may settle within several months. Complex cases involving severe injuries, disputed fault, multiple parties, or insurance company resistance may take one to three years or longer, particularly if trial becomes necessary. Kelner & Kelner works efficiently while ensuring adequate time for complete medical recovery and thorough case preparation to maximize your compensation.
Will My Case Go To Trial?
Most pedestrian accident cases settle through negotiation without requiring trial, as insurance companies often prefer avoiding litigation costs and jury unpredictability. However, when settlement offers fail to adequately compensate you for your losses, Kelner & Kelner is fully prepared to file lawsuits and pursue your case through trial. Our litigation experience and willingness to go to court often encourages insurance companies to make fair settlement offers. We prepare every case as if it will go to trial while pursuing favorable settlements whenever possible.
What If The Pedestrian Accident Resulted In A Loved One's Death?
When pedestrian accidents cause fatalities, surviving family members may file wrongful death claims seeking compensation for funeral and burial expenses, medical costs incurred before death, loss of financial support, loss of services and guidance, and emotional suffering. Wrongful death actions must typically be filed within two years of the death date. These cases require sensitive handling during an incredibly difficult time, and Kelner & Kelner provides compassionate representation while aggressively pursuing accountability and compensation for your family's tragic loss.
Can I Sue New York City If A Dangerous Road Condition Contributed To My Accident?
Yes, municipalities can be held liable for dangerous conditions they create or fail to remedy. Inadequate lighting, missing traffic signals, poorly marked crosswalks, defective roadways, or negligent street design may establish municipal liability. However, claims against New York City require filing a notice of claim within 90 days and following specific procedures under the New York Court of Claims Act. These strict deadlines and procedural requirements make early legal consultation critical. Kelner & Kelner has extensive experience handling municipal liability claims.
What Happens If The Driver Claims I Walked Out In Front Of Them Suddenly?
Driver claims that pedestrians appeared suddenly or darted into traffic are common defenses in these cases. However, drivers have a duty to maintain reasonable speed, stay alert, and be prepared to react to pedestrians entering roadways. Factors such as weather conditions, visibility, traffic volume, and driver behavior all affect whether the driver exercised proper care. Kelner & Kelner investigates thoroughly, often using accident reconstruction specialists and obtaining surveillance footage to demonstrate driver negligence and counter these defensive claims.
Will I Have To Pay Attorney Fees Upfront?
No. Kelner & Kelner handles pedestrian accident cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation on your behalf. Our fees come as a percentage of your settlement or verdict, so you never pay out-of-pocket legal costs during your case. This arrangement allows injured pedestrians to access quality legal representation regardless of their financial situation and aligns our interests with yours—we only succeed financially when we secure compensation for you.
What If My Injuries Did Not Appear Until Days After The Accident?
Delayed injury symptoms are common in pedestrian accidents due to adrenaline, shock, and the gradual development of certain conditions. Soft tissue injuries, internal bleeding, traumatic brain injuries, and spinal damage may not produce noticeable symptoms immediately. This is why seeking prompt medical evaluation after any pedestrian accident is critical, even when you feel fine initially. Medical documentation linking delayed symptoms to the accident protects your claim. Contact Kelner & Kelner as soon as symptoms appear to protect your legal rights.
Can I Handle My NYC Pedestrian Accident Claim Without A Lawyer?
While legally possible, handling pedestrian accident claims without legal representation typically results in significantly lower compensation than cases with attorney involvement. Insurance companies employ trained adjusters and lawyers working to minimize payouts. They use tactics including quick low-ball offers, requests for recorded statements, and blame-shifting arguments that unrepresented claimants struggle to counter effectively. Kelner & Kelner's knowledge of insurance practices, negotiation experience, and litigation capabilities typically result in substantially higher compensation that far exceeds attorney fees.
What Evidence Do I Need To Prove My Pedestrian Accident Case?
Strong cases rely on multiple forms of evidence. Police reports document accident circumstances and any traffic violations. Medical records establish injury severity and treatment needs. Photographs of the scene, vehicle damage, and injuries provide visual proof. Witness statements corroborate your account. Surveillance footage from nearby businesses or traffic cameras may capture the collision. Cell phone records can prove driver distraction. Employment records document lost wages. Kelner & Kelner handles comprehensive evidence gathering, including obtaining records you cannot access independently and preserving evidence before it disappears.
What If The Driver Was Working When They Hit Me?
When drivers cause accidents while working within the scope of their employment, their employers typically share liability under respondeat superior legal principles. This is particularly important because employer insurance policies often provide higher coverage limits than individual driver policies. Delivery drivers, taxi operators, truck drivers, and other commercial vehicle operators frequently fall under this doctrine. Kelner & Kelner identifies all potentially liable parties, including employers, vehicle owners, and other entities, to maximize available compensation for your injuries.
How Do I Know If I Need A Lawyer For My Pedestrian Accident Case?
You should consult Kelner & Kelner if you suffered any significant injuries requiring medical treatment beyond minor first aid, if liability is disputed, if insurance companies deny your claim or offer inadequate settlements, if multiple parties share fault, if you face permanent disabilities or long-term medical needs, or if you have questions about your rights. Our free consultation allows you to understand your case value and legal options without any financial commitment or obligation.
You've Suffered Enough
We'll go after the compensation you deserve. Don't pay a penny unless we win your case. Contact Kelner & Kelner today at (212) 425-0700 or through our website.
How A NYC Pedestrian Accident Lawyer Can Help
After suffering injuries in a pedestrian accident, navigating the legal system while recovering from trauma can feel overwhelming. At Kelner & Kelner, our NYC pedestrian accident lawyer team handles every aspect of your case, allowing you to focus on healing while we pursue the compensation you deserve.
- Comprehensive Case Investigation: We thoroughly examine accident scenes, review surveillance footage, obtain police reports, interview witnesses, and reconstruct collision events to establish clear liability and build the strongest possible case for your recovery.
- Medical Documentation And Coordination: Our personal injury lawyer team works directly with your healthcare providers to ensure all injuries are properly documented, treatment plans are followed, and medical records clearly demonstrate the extent of harm caused by the accident.
- Insurance Company Negotiations: We handle all communications with insurance adjusters who attempt to minimize your claim value, protecting you from tactics designed to elicit statements that could harm your case while aggressively pursuing fair settlement offers.
- Liability Determination: We identify every potentially responsible party, including negligent drivers, vehicle owners, employers of commercial drivers, municipalities with dangerous road conditions, and property owners whose negligence contributed to your pedestrian accident.
- No-Fault Benefit Claims: Our NYC car accident lawyer team files your no-fault insurance applications promptly to secure immediate coverage for medical expenses and lost wages while simultaneously pursuing additional compensation through third-party claims against at-fault parties.
- Damage Calculation: We accurately assess both economic losses such as medical bills, rehabilitation costs, lost income, and future earning capacity, along with non-economic damages including pain, suffering, disability, disfigurement, and reduced quality of life.
- Evidence Preservation: We act quickly to preserve critical evidence before it disappears, issuing spoliation letters to secure surveillance footage, obtaining black box data from commercial vehicles, and documenting scene conditions that change over time.
- Expert Witness Coordination: We work with accident reconstruction specialists, medical professionals, economists, life care planners, and vocational rehabilitation experts who provide testimony supporting your claim for maximum compensation.
- Municipal Claim Procedures: When New York City or other government entities share liability through dangerous road conditions or negligent maintenance, we navigate complex notice of claim requirements and strict procedural deadlines that must be satisfied.
- Statute Of Limitations Protection: We ensure all filing deadlines are met, preventing your claim from being forever barred by New York's time limits for personal injury lawsuits and municipal claims.
- Settlement Demand Preparation: After you complete treatment or reach maximum medical improvement, we prepare comprehensive demand packages that present compelling evidence, detailed injury documentation, and justified compensation figures to insurance carriers.
- Strategic Negotiation: We leverage our litigation experience and track record to negotiate from a position of strength, countering lowball offers and refusing to settle for less than your case truly warrants.
- Trial Preparation And Litigation: When insurance companies refuse to offer fair compensation through settlement negotiations, we file lawsuits and prepare your case for trial, conducting discovery, taking depositions, and building persuasive arguments for judges and juries.
- Comparative Negligence Defense: We counter insurance company arguments that you contributed to the accident through jaywalking, distraction, or other actions, minimizing any fault attributed to you under New York's comparative negligence system.
- Future Needs Assessment: We consult with medical experts to project long-term treatment requirements, ongoing care costs, future surgeries, and permanent limitations that must be factored into your compensation demand.
- Lost Wage Documentation: We work with your employer and financial advisors to thoroughly document all income losses, including salary, bonuses, benefits, self-employment earnings, and diminished future earning capacity resulting from your injuries.
- Property Damage Claims: We pursue reimbursement for personal belongings damaged in the collision, including phones, clothing, bags, glasses, and any other items requiring repair or replacement.
- Medical Lien Resolution: We negotiate with healthcare providers, insurance companies, and government benefit programs to reduce liens and maximize the net compensation you ultimately receive from your settlement or verdict.
- Family Support And Communication: We keep you and your loved ones informed throughout the legal process, explaining developments in clear language and ensuring you understand your options at every decision point.
- Contingency Fee Representation: We handle pedestrian accident cases without requiring any upfront attorney fees, instead working on a contingency basis where our fees come only from compensation we recover on your behalf.
At Kelner & Kelner, our NYC pedestrian accident lawyer team brings decades of experience representing injured New Yorkers throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. We provide personalized attention, aggressive advocacy, and compassionate support throughout your recovery journey. Contact us today for a free consultation to discuss how we can help you pursue the full compensation you deserve after your pedestrian accident.
Financial Compensation You Can Pursue in a Pedestrian Accident In New York
When you suffer injuries in a pedestrian accident, understanding the full scope of available compensation is essential to your recovery. At Kelner & Kelner, our NYC pedestrian accident lawyer team fights to secure every dollar you deserve across all applicable damage categories.
- Past Medical Expenses: Compensation covers all healthcare costs already incurred, including emergency room treatment, ambulance transportation, hospitalization, surgery, diagnostic testing, prescription medications, medical equipment, and initial rehabilitation services directly related to your pedestrian accident.
- Future Medical Care: We pursue damages for projected healthcare needs throughout your lifetime, including ongoing treatment, future surgeries, long-term rehabilitation, home healthcare services, medical devices, and any additional procedures required to address accident-related injuries.
- Lost Wages: You can recover income lost during your recovery period, including salary, hourly wages, overtime pay, bonuses, commissions, self-employment earnings, and employment benefits you could not earn while injured and unable to work.
- Lost Earning Capacity: When permanent injuries prevent you from returning to your previous employment or reduce your ability to earn at pre-accident levels, our personal injury lawyer team calculates and pursues compensation for diminished future earning potential throughout your working years.
- Pain And Suffering: New York law allows recovery for physical pain, discomfort, and distress you endured and continue to experience as a direct result of your pedestrian accident injuries, recognizing that some losses cannot be measured in bills alone.
- Emotional Distress: Compensation addresses psychological trauma including anxiety, depression, post-traumatic stress disorder, fear of crossing streets, sleep disturbances, and other mental health impacts stemming from your accident and injuries.
- Permanent Disability: When injuries result in lasting physical limitations, partial or complete paralysis, loss of bodily functions, or permanent impairment that affects your daily activities and independence, you deserve compensation reflecting these life-altering consequences.
- Disfigurement And Scarring: Visible scars, facial injuries, amputation, burns, and other permanent changes to your appearance warrant additional damages, particularly when disfigurement affects your self-esteem, social interactions, and professional opportunities.
- Loss Of Enjoyment Of Life: You can pursue compensation when injuries prevent you from participating in activities, hobbies, sports, social engagements, and recreational pursuits that brought you happiness and fulfillment before your pedestrian accident occurred.
- Loss Of Consortium: Spouses of injured pedestrians may recover damages for loss of companionship, affection, sexual relations, and the services their injured partner can no longer provide due to accident-related disabilities.
- Property Damage: We seek reimbursement for personal belongings damaged or destroyed in the collision, including phones, tablets, laptops, watches, jewelry, eyeglasses, clothing, bags, and any other items requiring repair or replacement.
- Rehabilitation Costs: Compensation includes physical therapy, occupational therapy, speech therapy, cognitive rehabilitation, and other therapeutic services necessary to help you regain function and independence after your injuries.
- Home Modifications: When permanent disabilities necessitate changes to your living environment, you can recover costs for wheelchair ramps, bathroom modifications, stair lifts, widened doorways, and other adaptations required to accommodate your injuries.
- Assistive Devices: Damages cover wheelchairs, walkers, crutches, prosthetic limbs, hearing aids, specialized computers, adaptive equipment, and other devices needed to maintain mobility and independence following your pedestrian accident.
- Transportation Expenses: You can pursue reimbursement for travel to medical appointments, hospital visits, rehabilitation sessions, and any transportation costs incurred due to inability to drive or use public transit during recovery.
- Household Services: When injuries prevent you from performing daily tasks like cleaning, cooking, yard work, childcare, or home maintenance, you deserve compensation for hiring others to perform these services during your recovery period.
- Vocational Rehabilitation: If injuries require career changes or retraining for different employment, our NYC car accident lawyer team pursues damages covering vocational counseling, educational programs, and job placement services needed to re-enter the workforce.
- Out-Of-Pocket Costs: All accident-related expenses you personally paid receive compensation, including co-pays, deductibles, over-the-counter medications, medical supplies, parking fees at medical facilities, and miscellaneous costs throughout your treatment.
- Punitive Damages: In cases involving egregious conduct such as drunk driving or intentional misconduct, New York courts may award punitive damages designed to punish wrongdoers and deter similar behavior, though these remain relatively rare in pedestrian accident cases.
- Wrongful Death Damages: When pedestrian accidents result in fatalities, surviving family members can pursue compensation for funeral and burial expenses, medical costs before death, loss of financial support, loss of services and guidance, and emotional suffering through wrongful death claims.
At Kelner & Kelner, our NYC pedestrian accident lawyer team thoroughly evaluates every aspect of your losses to ensure no compensable damage goes unaddressed. We work with medical professionals, economists, vocational experts, and life care planners to accurately project your future needs and build compelling cases for maximum compensation. Contact us today for a free consultation to learn how we can help you pursue full financial recovery after your pedestrian accident in New York.
The Most Common Pedestrian Accident Injuries
Pedestrian accidents often result in severe and life-altering injuries due to the lack of physical protection when struck by vehicles. At Kelner & Kelner, our NYC pedestrian accident lawyer team has extensive experience representing clients who have suffered a wide range of injuries in collisions throughout New York City.
- Traumatic Brain Injuries: Impact with vehicles or pavement can cause concussions, contusions, skull fractures, brain hemorrhaging, and diffuse axonal injuries that lead to cognitive impairment, memory loss, personality changes, and permanent neurological damage requiring lifelong care.
- Spinal Cord Injuries: Force from pedestrian accidents may damage vertebrae or the spinal cord itself, potentially resulting in partial or complete paralysis, loss of sensation, impaired mobility, bladder and bowel dysfunction, and permanent disability affecting every aspect of daily life.
- Fractured Bones: Pedestrians frequently sustain breaks to legs, arms, hips, pelvis, ribs, clavicles, and other bones, often requiring surgical intervention with pins, plates, or rods, followed by extensive physical therapy and potential permanent limitations.
- Internal Organ Damage: Blunt force trauma from vehicle impact can cause internal bleeding, organ rupture, liver lacerations, spleen injuries, kidney damage, and other life-threatening conditions requiring emergency surgical treatment and intensive care.
- Soft Tissue Injuries: Ligament tears, tendon damage, muscle strains, severe sprains, and connective tissue injuries affect mobility, cause chronic pain, and may require multiple surgeries and months of rehabilitation before victims regain function.
- Knee And Joint Injuries: Pedestrian accidents commonly result in torn anterior cruciate ligaments, meniscus tears, dislocated joints, damaged cartilage, and other joint injuries that limit mobility and may lead to early-onset arthritis requiring future joint replacement.
- Shoulder Injuries: Rotator cuff tears, labrum damage, shoulder dislocations, and clavicle fractures frequently occur when pedestrians fall or are thrown by vehicle impact, often requiring surgical repair and lengthy physical therapy.
- Hip Fractures: Particularly devastating for older pedestrians, hip fractures often necessitate surgical repair or replacement, extended hospitalization, rehabilitation in skilled nursing facilities, and significant risk of complications and reduced life expectancy.
- Pelvic Fractures: These serious injuries may damage blood vessels, nerves, and internal organs, requiring complex surgical reconstruction, extended immobilization, and lengthy recovery periods with potential permanent disabilities.
- Facial And Dental Injuries: Impact may result in jaw fractures, orbital bone breaks, nasal fractures, cheekbone damage, knocked-out or broken teeth, and severe lacerations requiring reconstructive surgery, dental implants, and cosmetic procedures.
- Eye Injuries: Pedestrian accidents can cause corneal abrasions, retinal detachment, orbital fractures, traumatic cataracts, vision loss, and in severe cases, complete blindness requiring extensive ophthalmologic treatment and lifelong visual impairment.
- Road Rash And Skin Injuries: Pavement contact causes severe abrasions, deep lacerations, tissue loss, and extensive scarring that may require debridement, skin grafts, plastic surgery, and result in permanent disfigurement.
- Degloving Injuries: These devastating injuries occur when skin and tissue are torn away from underlying muscle and bone, typically requiring multiple reconstructive surgeries, skin grafts, and resulting in permanent scarring and disfigurement.
- Crush Injuries: When vehicles run over pedestrians or pin them against objects, the resulting crush injuries can damage muscles, nerves, blood vessels, and bones, sometimes necessitating amputation to prevent life-threatening complications.
- Amputations: Severe pedestrian accidents may result in traumatic amputation at the scene or surgical amputation when limbs cannot be saved, requiring prosthetic devices, extensive rehabilitation, and permanent adaptation to life-altering physical changes.
- Burn Injuries: When pedestrian accidents involve vehicle fires or fuel spills, victims may suffer first, second, or third-degree burns requiring specialized treatment in burn units, multiple skin graft surgeries, and resulting in permanent scarring.
- Neck Injuries: Whiplash, cervical strains, herniated discs, and other neck trauma cause chronic pain, headaches, limited range of motion, and may require ongoing pain management, physical therapy, or surgical intervention.
- Back Injuries: Herniated discs, compression fractures, muscle strains, and ligament damage in the lumbar or thoracic spine cause debilitating pain, limit mobility, and may require epidural injections, physical therapy, or spinal fusion surgery.
- Abdominal Trauma: Vehicle impact can cause damage to stomach, intestines, liver, spleen, kidneys, and other abdominal organs, requiring emergency surgery, extended hospitalization, and potential long-term digestive or metabolic complications.
- Chest Injuries: Broken ribs, sternum fractures, lung contusions, pneumothorax, and cardiac contusions can impair breathing, cause severe pain, and in serious cases lead to respiratory failure requiring mechanical ventilation.
- Lacerations And Puncture Wounds: Deep cuts from broken glass, vehicle parts, or road debris may damage nerves, tendons, and blood vessels, requiring surgical repair, leaving permanent scars, and potentially causing loss of function.
- Nerve Damage: Peripheral nerve injuries can cause numbness, tingling, weakness, loss of sensation, chronic pain syndromes, and permanent functional impairment affecting your ability to work and perform daily activities.
- Post-Traumatic Stress Disorder: Beyond physical injuries, many pedestrian accident victims develop PTSD, experiencing flashbacks, nightmares, severe anxiety, panic attacks when crossing streets, and other psychological symptoms requiring therapy and psychiatric treatment.
- Depression And Anxiety: The trauma of pedestrian accidents combined with pain, disability, financial stress, and life disruption frequently leads to clinical depression, generalized anxiety, and other mental health conditions requiring professional treatment.
- Compartment Syndrome: This serious complication occurs when swelling within muscle compartments restricts blood flow, potentially causing permanent muscle and nerve damage, and requiring emergency fasciotomy surgery to prevent tissue death.
- Infections: Open wounds, surgical sites, and compromised immune systems following pedestrian accidents increase infection risk, potentially leading to sepsis, osteomyelitis, or other serious complications requiring prolonged antibiotic treatment or additional surgeries.
At Kelner & Kelner, our personal injury lawyer team understands that every injury affects victims differently and requires individualized legal strategies. We work closely with medical professionals to thoroughly document your injuries, project future treatment needs, and build compelling cases that secure full compensation for all physical, emotional, and financial consequences of your pedestrian accident. Our NYC car accident lawyer team has the knowledge and resources to handle even the most complex injury cases. Contact us today for a free consultation to discuss your injuries and learn how we can help you pursue the compensation necessary for your recovery and future well-being.
What To Do If Injured in a NYC Pedestrian Accident
Taking the right steps immediately after a pedestrian accident can significantly impact both your physical recovery and your legal case. At Kelner & Kelner, our NYC pedestrian accident lawyer team guides you through the critical actions that protect your health and preserve your right to compensation.
- Call 911 For Emergency Response: Contact police and emergency medical services immediately after the collision, ensuring official documentation of the accident and prompt medical evaluation even if you believe your injuries are minor or manageable.
- Stay At The Accident Location: Remain at the scene until police arrive and complete their investigation, as leaving prematurely can create legal complications and prevent proper documentation of critical accident details and evidence.
- Accept Medical Treatment: Never refuse ambulance transportation or emergency room evaluation, as prompt medical attention not only addresses potentially life-threatening injuries but also creates essential documentation linking your condition to the pedestrian accident.
- Photograph Everything: Use your phone to capture images of vehicle positions, damage, skid marks, crosswalks, traffic signals, weather conditions, road hazards, and all visible injuries from multiple angles while evidence remains fresh and undisturbed.
- Obtain Driver Details: Collect the motorist's full name, address, phone number, driver's license information, vehicle registration, license plate number, insurance carrier name, and policy number for filing claims and identifying responsible parties.
- Identify And Contact Witnesses: Ask bystanders who observed the collision for their names and contact information, as independent witness accounts often prove crucial when liability is disputed or insurance companies attempt to blame you.
- Document Your Injuries Visually: Take photographs of all bruises, cuts, swelling, road rash, and other visible trauma immediately and throughout your recovery to create a comprehensive visual timeline of your suffering and healing.
- Preserve Physical Evidence: Keep all clothing, shoes, bags, phones, glasses, and other personal items damaged in the accident without washing or repairing them, as this physical evidence demonstrates impact severity and collision circumstances.
- Avoid Admitting Fault: Do not apologize, accept blame, or discuss accident circumstances with anyone except police officers, as statements like "I didn't see them" or "I'm sorry" can be twisted into liability admissions.
- Limit Communication With The Driver: Exchange only legally required information with the motorist who struck you, and avoid discussing injuries, treatment plans, insurance coverage, or accident details that could later harm your claim.
- Get The Police Report Information: Obtain the report number, officer names, badge numbers, and precinct information so our personal injury lawyer team can retrieve the official documentation containing critical witness statements and officer findings.
- Refuse To Sign Documents: Do not sign statements, releases, or any paperwork presented by drivers or insurance representatives at the scene, as these documents may waive your rights to pursue full compensation.
- Report To Your Insurance Company: Notify your own auto insurance carrier about the accident if you maintain a policy, triggering potential no-fault benefits for immediate medical expense and lost wage coverage regardless of fault determination.
- Begin A Detailed Injury Journal: Start recording daily pain levels, symptoms, physical limitations, emotional challenges, sleep disruption, and activity restrictions to document how your pedestrian accident injuries affect every aspect of your life.
- Comply With All Medical Recommendations: Attend every scheduled appointment, follow treatment protocols exactly as prescribed, complete all rehabilitation programs, and avoid missing appointments, as treatment gaps undermine injury severity claims.
- Organize All Medical Documentation: Collect and maintain copies of emergency room records, admission papers, diagnostic test results, physician notes, prescription information, therapy reports, and bills for every treatment provider.
- Document Employment Impact: Request written statements from your employer detailing missed workdays, lost wages, reduced hours, eliminated overtime opportunities, and any job modifications required due to your pedestrian accident injuries.
- Cease Social Media Activity: Stop posting on Facebook, Instagram, Twitter, TikTok, and all other platforms about your accident, injuries, activities, or recovery, as insurance companies aggressively search for content contradicting your injury claims.
- Decline Insurance Adjuster Calls: Politely refuse to provide recorded statements, sign medical authorizations, or discuss your case with the at-fault driver's insurance company before consulting with Kelner & Kelner about your rights.
- Reject Premature Settlement Offers: Do not accept quick settlement proposals before completing treatment and understanding your full injury extent, as early offers invariably fall far below true case value and forfeit additional recovery rights.
- Report Any Delayed Symptoms: Seek immediate medical attention if new pain, numbness, headaches, dizziness, vision changes, or other symptoms develop days or weeks after your accident, as some serious conditions manifest gradually.
- Secure Video Surveillance: Identify nearby businesses, apartment buildings, traffic cameras, and other potential video sources that may have captured your accident, then contact our NYC car accident lawyer team immediately to preserve footage.
- Maintain Expense Records: Save receipts for every accident-related cost including co-pays, medications, medical equipment, transportation to appointments, home care services, and property damage requiring repair or replacement.
- Contact Kelner & Kelner Immediately: Reach out to our NYC pedestrian accident lawyer team as soon as possible after your collision to begin protecting your rights, preserving evidence, and building a strong compensation claim.
- Understand Filing Deadlines: Recognize that New York imposes strict time limits for pedestrian accident claims, including a 90-day deadline for municipal claims, making prompt legal consultation essential for preserving your right to compensation.
Taking these protective steps immediately after your pedestrian accident strengthens your legal position and maximizes your potential compensation recovery. At Kelner & Kelner, we recognize that injured pedestrians face overwhelming challenges balancing medical treatment, financial pressures, and legal requirements during their most vulnerable moments. Our NYC pedestrian accident lawyer team provides compassionate guidance and aggressive advocacy, handling every legal detail while you concentrate on physical and emotional healing. Contact us today for a free, confidential consultation to discuss your accident, understand your rights, and learn how our personal injury lawyer team can help you pursue the full compensation you deserve for your injuries and losses.
Contact Our NYC Pedestrian Accident Lawyer Today
If you or a loved one has been injured in a pedestrian accident, time is critical for protecting your rights and pursuing the compensation you deserve. At Kelner & Kelner, we offer free consultations to evaluate your case and explain your legal options. Our team handles pedestrian accident cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation on your behalf. Contact us today to schedule your consultation and take the first step toward justice and recovery.
You've Suffered Enough
We'll go after the compensation you deserve. Don't pay a penny unless we win your case. Contact Kelner & Kelner today at (212) 425-0700 or through our website.