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April marks Distracted Driving Awareness Month, a crucial time to reflect on the devastating consequences of taking one's eyes off the road. At Kelner & Kelner, we regularly witness the aftermath when pedestrians' lives are forever altered after being struck by vehicles. Understanding what happens if you get hit by a car while walking can help victims navigate the challenging road to recovery and justice.
New York City presents unique challenges for pedestrians. With over 8 million residents and millions more visitors navigating busy intersections daily, pedestrian accidents occur with alarming frequency. In fact, NYC consistently ranks among the most dangerous cities for pedestrians in the United States. The dense traffic, rushed pace of life, and distractions of urban living create a perfect storm for pedestrian-vehicle collisions. When a pedestrian accident occurs in NYC, victims face not only physical recovery but also complex legal considerations specific to New York law.
When a pedestrian is hit by a car while walking, the first moments are critical. Unlike vehicle occupants protected by metal frames, airbags, and seatbelts, pedestrians absorb the full impact with minimal protection. This vulnerability makes pedestrian accidents particularly devastating.
Emergency medical services typically arrive to assess injuries and provide life-saving care.
These injuries often require immediate surgery, intensive care, and extended hospitalization. The first 72 hours after being hit by a car while walking are crucial for survival and preventing permanent disability.
After initial assessment at the scene, victims are typically transported to one of NYC's trauma centers. Emergency room doctors will:
Many pedestrian accident victims require emergency surgery to address life-threatening injuries. These critical interventions focus on preventing death and permanent disability.
While medical personnel attend to your injuries, police officers document the accident scene. This process includes:
This investigation becomes crucial evidence for both insurance claims and potential legal action. Police reports often determine initial findings of fault.
For serious pedestrian accidents, victims typically spend days or weeks in the hospital. This period involves:
Hospital stays for pedestrian accident victims in NYC tend to be longer than average due to the severity of injuries sustained when a person is hit by a vehicle.
Recovery from being hit by a car while walking rarely ends with emergency treatment. Many victims face:
Physical therapy, occupational therapy, and speech therapy may continue for months or years. Some pedestrians never fully recover their pre-accident abilities, significantly impacting their quality of life.
Reconstruction of damaged bones, tissues, and organs often requires multiple surgical interventions spread over time. NYC pedestrians hit by cars may require specialized surgical care at the city's leading medical facilities.
Many NYC pedestrian accident victims develop chronic pain conditions requiring ongoing medication, therapeutic interventions, and lifestyle modifications. This often requires coordinated care across multiple medical specialties.
Post-traumatic stress disorder (PTSD), anxiety, depression, and phobias are common psychological consequences that require professional treatment. The trauma of being struck by a vehicle in busy NYC streets can cause lasting psychological effects.
The financial burden of being hit by a car while walking extends far beyond initial medical bills:
Medical Bills Begin Accumulating
Hospital stays, surgeries, medications, rehabilitation, adaptive equipment, and home modifications can quickly amount to hundreds of thousands or even millions of dollars. NYC's high cost of healthcare makes these expenses particularly burdensome for pedestrian accident victims.
Income Loss Creates Additional Hardship
Many NYC victims cannot return to work immediately after being hit by a car—some never return to their previous earning capacity. Lost wages and diminished earning potential represent significant financial losses, especially in NYC's competitive job market.
Property Replacement Adds to Expenses
Personal items damaged in the accident—such as electronic devices, eyeglasses, or clothing—add to the financial burden. These items can be particularly valuable in NYC, where residents often carry expensive technology and personal items.
Multiple insurance policies may come into play after you're hit by a car while walking in NYC:
Insurance adjusters will investigate the claim, review medical records, assess property damage, and evaluate potential settlement amounts. Remember that their primary goal is to minimize the amount paid on claims.
When you get hit by a car while walking in NYC, the legal complexities can be overwhelming during an already traumatic time. A car accident lawyer provides crucial services:
Case Evaluation and Claim Assessment
Understanding the full value of your claim requires legal knowledge. An experienced attorney evaluates all damages—past, present, and future—in the context of NYC's unique legal environment.
Evidence Collection and Preservation
Lawyers have resources to gather and preserve critical evidence in NYC, including:
Negotiation with Insurance Companies
Insurance adjusters aim to minimize payouts. A skilled car accident lawyer knows how to counter lowball offers and negotiate fair settlements, particularly important given NYC's high costs of living and medical care.
Court Representation When Necessary
If settlement negotiations fail, your attorney will prepare your case for trial, representing your interests in court. NYC has specific court procedures that experienced personal injury attorneys understand.
Victims who get hit by a car while walking in NYC may be entitled to various forms of compensation:
Quantifiable financial losses, including:
Less tangible but equally important losses:
In cases involving egregious behavior, such as texting while driving or driving under the influence, additional damages may be awarded to punish the wrongdoer and deter similar conduct. NYC courts have awarded significant punitive damages in severe pedestrian accident cases.
April's designation as Distracted Driving Awareness Month highlights one of the leading causes of pedestrian accidents in NYC. Distracted driving—particularly texting while driving—has become increasingly prevalent on New York's congested streets.
When a distracted driver hits a pedestrian in NYC, liability becomes clearer. Evidence of distraction, such as cell phone records, social media activity, or witness accounts, strengthens a victim's claim. In such cases, having a dedicated distracted driving accident lawyer can make a significant difference in securing fair compensation.
If you or a loved one is hit by a car while walking in NYC, taking the following steps can protect both health and legal rights:
Seek Comprehensive Medical Care
Even if injuries initially seem minor, get thorough medical evaluation promptly. Some serious conditions may not show symptoms immediately, and NYC has world-class trauma centers experienced in pedestrian injuries.
Ensure Police File an Official Report
Confirm that officers document the incident with a formal report. NYC police are trained to investigate pedestrian accidents, and their reports are crucial evidence.
Gather All Available Evidence
If possible, collect:
Avoid Premature Insurance Statements
Decline to give recorded statements or accept quick settlements without legal counsel. Insurance adjusters may use NYC's comparative negligence laws against you.
Document Everything About Your Recovery
Keep detailed records of:
Time limits for filing claims after being hit by a car while walking in NYC are strict. In New York, pedestrians generally have three years from the accident date to file a personal injury lawsuit. However, claims against government entities (like the MTA or NYC) may have much shorter notice periods—as little as 90 days.
Missing these deadlines typically means losing your right to seek compensation, regardless of case merit. This makes prompt consultation with a car accident lawyer essential after being hit by a car in NYC.
While understanding what happens if you get hit by a car while walking in NYC is important, prevention remains the best protection. During Distracted Driving Awareness Month, we encourage:
For NYC drivers:
For NYC pedestrians:
If you've been injured as a pedestrian in New York City, don't face this difficult journey alone. The pedestrian accident attorneys at Kelner & Kelner understand what you're going through and can help protect your rights while you focus on healing. Contact us today for a confidential consultation about your case.
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