What to Know as a Victim of a Pedestrian Accident in NYC

 Posted on February 12, 2025 in Personal Injury

As a pedestrian, you rely on other drivers to respect the rules of the road and drive safely, yet while that may be the case most of the time, accidents do happen. When they do, it is important to know how to proceed and what your rights are. An experienced Metro New York personal injury attorney can advise you on your rights during this stressful time if you have been the victim of a pedestrian accident.

Immediate Steps to Take After an Accident

When you have been injured in a pedestrian accident, it is important to take certain steps to protect your rights and your health. First, seek medical attention and keep all records of your medical care. Be aware that some injuries are not immediately visible, so if you experience injuries in the days and weeks following the accident, follow up with a medical professional.

Next, make sure to report the accident and file an official accident report which will be crucial if you decide to file a legal claim. Finally, gather information from the driver and any witnesses as well as photographs of the scene, your injuries, and any damages to your belongings. Make sure to keep copies of all evidence along the way, including medical documentation, expense receipts, and correspondence with the driver and insurance companies.

Liability In a New York Pedestrian Accident

Negligence

Drivers have a duty of care to pedestrians and others on the road to act with the same level of care as a reasonably careful person. When a driver fails to live up to this standard, they could be found negligent and may be held accountable for injuries they caused to pedestrians. This can occur if a driver did not follow traffic signals, was driving under the influence, or simply did not see a pedestrian causing the street, for example.

Comparative Negligence

New York is a comparative negligence state, meaning that if a pedestrian is found to be partly at fault, the damages for their injuries can be reduced by the pedestrian's percentage of fault.

Damages Pedestrians Can Recover

A pedestrian who suffered a personal injury during an accident in New York can recover economic damages for things like medical expenses, inability to work, and other rehabilitation costs. They can also recover non-economic damages, such as emotional distress and pain and suffering. In some rare cases, pedestrians may be able to recover punitive damages if the driver acted especially recklessly.

Call a Greenwich, CT Personal Injury Attorney

If you or someone you love has been injured in a pedestrian accident, the experienced New York Metro pedestrian accident attorneys at Ivey, Barnum & O'Mara, LLC are here to ensure that you do not have to face your injuries alone. You may be able to recover from your injuries, lost wages, pain and suffering, and more. Call our offices at 203-661-6000 for a complimentary consultation with our knowledgeable attorneys today.