Melville Pedestrian Accident Lawyer

Pedestrian accidents can result in devastating injuries and life-altering consequences. If you or a loved one was injured in a pedestrian accident in Melville, New York, Parker Waichman LLP can help you pursue the compensation you deserve. Our experienced attorneys have recovered over $2 billion for injury victims. We understand the challenges of pedestrian accident cases. Contact us today for a free consultation.

How Parker Waichman LLP Can Help Your Case

Parker Waichman LLP has over two decades of experience representing injury victims throughout New York. Our attorneys understand the challenges of pedestrian accident cases. We have the resources to build a strong case on your behalf. Our experienced legal team is dedicated to fighting for your rights.

• Thorough investigation is the foundation of every case we handle. Our team investigates the accident scene, examines road conditions, reviews traffic patterns, and identifies all factors that contributed to the collision. We work with accident reconstruction experts to build your case.
• Gathering evidence is important to proving liability. We obtain police reports, witness statements, and surveillance footage from nearby businesses or traffic cameras. We also gather any other evidence that supports your claim. We act quickly to preserve evidence before it is lost or destroyed. Our investigation process is thorough and comprehensive.
• Working with professionals strengthens your case. We collaborate with accident reconstruction analysts who can analyze the collision and demonstrate how it occurred. We also work with medical professionals who can testify about the nature and extent of your injuries. They can also discuss your future medical needs. Our network of expert witnesses provides credible testimony.
• Negotiating with insurance companies requires skill and experience. Insurance adjusters often try to minimize payouts or deny valid claims. Our attorneys handle all communications with insurance companies. We fight for a settlement that fully compensates you for your losses. We understand insurance company tactics and how to counter them.
• Calculating the full value of your claim helps you avoid settling for less than you deserve. We consider all economic and non-economic damages. This includes future medical expenses and long-term impacts on your quality of life. Our damage calculation methods ensure maximum compensation.
• Trial representation is available when necessary. While many cases settle, we are prepared to take your case to trial. This happens if the insurance company refuses to offer fair compensation. Our attorneys have extensive trial experience. We are not afraid to fight for you in court. Our trial lawyers have a proven track record of success.
• Contingency fee basis means you pay no upfront costs or attorney fees. We only get paid if we win your case. Our fee comes from the settlement or verdict we recover for you. This allows injured pedestrians to access quality legal representation regardless of their financial situation. Learn more about our contingency fee arrangement.

Parker Waichman LLP has recovered over $2 billion for injury victims. Our founding partner, Jerrold S. Parker, has been recognized in Best Lawyers in America for Mass Tort Litigation and Class Actions from 2010 through 2026. He holds an AV Preeminent rating from Martindale-Hubbell, the highest rating for legal ability and ethical standards. Partner Melanie H. Muhlstock has been named to The National Trial Lawyers Top 100 Trial Lawyers List annually since 2014.

With offices throughout New York, including our Melville location at 201 Old Country Road, Suite 145, we are accessible to pedestrian accident victims throughout Long Island and the surrounding areas. Our office locations serve clients across the region.

Understanding Pedestrian Accidents in Melville

Melville is located in the Town of Huntington in Suffolk County. It is a bustling suburban community on Long Island with significant commercial and residential areas. Pedestrians in Melville face risks at busy intersections, shopping centers, parking lots, and along major roadways. The combination of commuter traffic, commercial activity, and residential neighborhoods creates numerous situations where pedestrians and vehicles interact.

According to the Insurance Institute for Highway Safety, approximately 300 pedestrians were killed in 2023 alone. More than 12,000 are injured in traffic accidents across the state annually. Pedestrians are among the most vulnerable road users. They lack any physical protection when struck by a vehicle. Even low-speed collisions can result in serious injuries or death. The physics of a pedestrian-vehicle collision are unforgiving. The human body simply cannot withstand the force of impact from a multi-ton vehicle.

In Melville and throughout Long Island, pedestrian accidents frequently occur at crosswalks. They also happen in parking lots outside shopping centers, near bus stops, and on residential streets. Understanding the risks and your legal rights is important if you have been injured in a pedestrian accident. A qualified Melville personal injury lawyer can help you navigate the legal process.

Common Causes of Pedestrian Accidents

Pedestrian accidents in Melville occur for many reasons. However, driver negligence is the leading cause. Common factors that contribute to pedestrian accidents include:

• Distracted driving remains one of the most dangerous behaviors on the road. According to the National Highway Traffic Safety Administration, distracted driving claimed 3,275 lives in 2023. Drivers who text, use their phones, adjust in-vehicle technology, eat, or engage in other distracting activities often fail to see pedestrians. They miss people in crosswalks or crossing streets.
• Failure to yield at crosswalks and intersections is another frequent cause. New York law requires drivers to yield the right-of-way to pedestrians in marked and unmarked crosswalks. Many drivers ignore this requirement or fail to notice pedestrians. New York Vehicle and Traffic Law § 1151 specifically addresses the right-of-way of pedestrians in crosswalks.
• Speeding and reckless driving reduce a driver’s ability to react to pedestrians. These behaviors also increase the severity of injuries when a collision occurs. Drivers who exceed speed limits or drive aggressively put pedestrians at serious risk. If you’ve been injured by a reckless driver in Melville, you may be entitled to compensation.
• Driving under the influence of alcohol or drugs impairs judgment, reaction time, and awareness. Intoxicated drivers are far more likely to strike pedestrians. This is particularly true during evening and nighttime hours. The National Highway Traffic Safety Administration reports that alcohol impairment is a factor in nearly 46 percent of all fatal pedestrian crashes.
• Poor visibility and weather conditions can make it difficult for drivers to see pedestrians. This is particularly true during rain, fog, or darkness. However, drivers have a duty to adjust their driving to account for reduced visibility. Weather-related accidents require the same level of care and attention from drivers.
• Inadequate street lighting or signage can contribute to accidents. This is particularly true in parking lots and on residential streets. Property owners and municipalities may share liability when poor lighting or missing signs contribute to a pedestrian accident. Premises liability claims may apply in these situations.
• Backing up accidents in parking lots are common in Melville’s shopping centers and commercial areas. Drivers who fail to check their surroundings before reversing can strike pedestrians walking behind their vehicles. These parking lot accidents often involve children and elderly pedestrians.
• Left-turn accidents at intersections occur when drivers making left turns fail to yield to pedestrians crossing with the signal. These accidents often result in serious injuries due to the speed and angle of impact. Intersection accidents are among the most common types of pedestrian collisions.

Injuries Sustained in Pedestrian Accidents

Pedestrian accidents often result in catastrophic injuries. Pedestrians have no protection from the force of a vehicle collision. Common injuries include:

• Traumatic brain injuries (TBI) occur when a pedestrian’s head strikes the vehicle, windshield, or pavement. According to a study, approximately 1.5 million Americans sustain a TBI each year. Even seemingly minor head injuries can result in long-term cognitive impairment, memory problems, and personality changes. Severe TBIs can cause permanent disability or death.
• Spinal cord injuries and paralysis can occur when the impact damages the spinal column. These injuries may result in partial or complete paralysis. They require lifetime medical care and dramatically alter the victim’s quality of life. The National Spinal Cord Injury Database reports that vehicle crashes are the leading cause of spinal cord injuries.
• Broken bones and fractures are extremely common in pedestrian accidents. The legs, arms, pelvis, and ribs are particularly vulnerable. Complex fractures may require multiple surgeries and extensive rehabilitation. Orthopedic injuries often require long-term physical therapy.
• Internal organ damage can occur from the blunt force trauma of being struck by a vehicle. Injuries to the liver, spleen, kidneys, or other organs may require emergency surgery. These injuries can be life-threatening. Immediate medical attention is critical for internal injuries.
• Soft tissue injuries include torn ligaments, damaged muscles, and connective tissue injuries. They can cause chronic pain and limit mobility. These injuries may not be immediately apparent but can have long-lasting effects. Soft tissue damage often requires extensive physical therapy.
• Road rash and lacerations occur when a pedestrian is thrown to the pavement. Severe abrasions can require skin grafts and leave permanent scarring. These injuries can lead to infection if not properly treated.
• Wrongful death tragically occurs in the most severe pedestrian accidents. When a pedestrian is killed, surviving family members may be entitled to pursue a wrongful death claim for their losses. Our wrongful death attorneys can help families seek justice.
• Psychological trauma and PTSD often accompany physical injuries. Many pedestrian accident victims experience anxiety, depression, and post-traumatic stress disorder. These conditions require ongoing mental health treatment.

The long-term medical care and rehabilitation needs following a pedestrian accident can be extensive and expensive. Victims may require physical therapy, occupational therapy, assistive devices, home modifications, and ongoing medical monitoring. A Long Island injury lawyer can help you recover compensation for these costs.

New York Pedestrian Accident Laws

Understanding New York’s legal framework for pedestrian accident cases is important for protecting your rights and pursuing compensation. New York personal injury law provides specific protections for pedestrians.

Statute of Limitations

New York law imposes strict deadlines for filing personal injury lawsuits. Under NYCPLR § 214, you generally have three years from the date of the pedestrian accident to file a personal injury lawsuit in court. If you fail to file within this timeframe, you will likely lose your right to pursue compensation.

Wrongful death claims have a shorter deadline. Surviving family members must file within two years of the date of death under EPTL § 5-4.1. Understanding these statute of limitations deadlines is critical to protecting your rights.

There are limited exceptions to these deadlines. For example, if the injured person is a minor, the statute of limitations may be tolled until they reach age 18. If the accident involved a government entity or employee, special notice requirements and shorter deadlines may apply. Claims against municipalities require filing a notice of claim within 90 days.

Acting quickly is important. Evidence can be lost, witnesses’ memories fade, and surveillance footage may be deleted. Consulting with an attorney immediately after a pedestrian accident helps preserve evidence and protects your legal rights. Contact a Melville pedestrian accident attorney as soon as possible.

Compensation Available for Pedestrian Accident Victims

Pedestrian accident victims in New York may be entitled to recover various types of compensation, also known as damages. The specific damages available depend on the circumstances of your case. They may include:

• Medical expenses include emergency room treatment, hospitalization, surgery, diagnostic testing, prescription medications, and follow-up care. You can recover compensation for both past medical bills and future medical expenses that you will reasonably incur. Medical malpractice during treatment may also give rise to additional claims.
• Lost wages if your injuries prevented you from working. This includes income you have already lost as well as future lost earnings. Your injuries may affect your ability to work going forward. Loss of income claims are an important component of pedestrian accident cases.
• Loss of earning capacity if your injuries result in permanent disability. This limits your career options or ability to earn income at the same level as before the accident. Economic experts can calculate the full value of your lost earning capacity.
• Pain and suffering compensate you for the physical pain, discomfort, and limitations caused by your injuries. New York has no cap on pain and suffering damages in personal injury cases. These non-economic damages can be substantial in serious injury cases.
• Emotional distress and mental anguish include anxiety, depression, PTSD, and loss of enjoyment of life. The psychological impact of a serious pedestrian accident can be as debilitating as physical injuries. Emotional distress damages recognize the full impact of your injuries.
• Rehabilitation and therapy costs include physical therapy, occupational therapy, speech therapy, and mental health counseling. These ongoing treatment costs can be recovered as part of your injury claim.
• Property damage to personal items such as clothing, phones, or other belongings damaged in the accident. While typically minor compared to injury damages, these losses are still compensable.
• Wrongful death damages for surviving family members may include funeral and burial expenses. They also include loss of financial support, loss of companionship and guidance, and the decedent’s pain and suffering before death. Wrongful death compensation helps families cope with their loss.

Negligence

New York follows a “pure comparative negligence” rule under CPLR § 1411. This means you can still recover compensation even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% at fault for the accident—such as crossing against a signal or in a poorly lit area without taking proper precautions—you can still recover 80% of your total damages. It is important to understand that factors like jaywalking do not automatically establish fault; liability depends on all circumstances, including driver behavior and whether the driver had a reasonable opportunity to avoid the collision.

Unlike some states, New York does not cap damages in personal injury cases. This means there is no limit on the amount you can recover for your injuries. New York injury law allows full compensation for all losses.

Steps to Take After a Pedestrian Accident in Melville

The actions you take immediately after a pedestrian accident can significantly impact your health and your legal case. Follow these important steps:

1. Seek immediate medical attention even if you believe your injuries are minor. Some serious injuries may not produce immediate symptoms. These include internal bleeding and traumatic brain injuries. A medical evaluation creates documentation of your injuries. It also helps you receive necessary treatment. Emergency medical care should be your first priority.
2. Call 911 and file a police report. Law enforcement will document the accident scene, interview witnesses, and create an official report. This report is valuable evidence for your claim. The police report is often critical to proving liability.
3. Document the accident scene if you are physically able. Take photos of your injuries, the vehicle that struck you, the accident location, road conditions, traffic signals, crosswalks, and any other relevant details. Video can also be helpful. Documenting evidence strengthens your case.
4. Gather witness contact information. If anyone saw the accident, get their names and phone numbers. Witness testimony can be important in establishing what happened. Witness statements provide independent verification of the facts.
5. Preserve evidence, including the clothing and shoes you were wearing. Do not wash or discard these items. They may contain important evidence. Physical evidence can be critical to your case.
6. Get the driver’s information, including their name, contact information, driver’s license number, insurance company, and policy number. Exchange information with all parties involved in the accident.
7. Avoid giving recorded statements to insurance companies without first consulting an attorney. Insurance adjusters may use your words against you to minimize or deny your claim. Contact a pedestrian accident lawyer before speaking with insurers.
8. Do not admit fault or apologize at the scene. Even saying “I’m sorry” can be interpreted as an admission of liability. Stick to the facts when speaking with police and others at the scene. Protecting your rights starts at the accident scene.
9. Contact a pedestrian accident attorney as soon as possible. Early legal representation helps preserve evidence. Attorneys can interview witnesses while their memories are fresh. This protects your rights from the start. A Melville injury attorney can guide you through the process.
10. Keep records of all medical treatment and expenses. Save bills, receipts, prescription information, and documentation of all medical appointments. Also, keep records of lost wages and other financial losses. Documenting damages is essential to your claim.
11. Follow your doctor’s orders and attend all medical appointments. Gaps in treatment can be used by insurance companies. They may argue that your injuries were not serious. Consistent medical treatment demonstrates the severity of your injuries.
12. Avoid posting about the accident on social media. Insurance companies and defense attorneys often monitor social media for information. They look for content they can use to undermine your claim. Anything you post can potentially be used against you. Social media precautions protect your case.

Frequently Asked Questions

Contact Our Melville Pedestrian Accident Attorneys

If you or a loved one was injured in a pedestrian accident in Melville or anywhere on Long Island, Parker Waichman LLP is here to help. We offer free case evaluations with no obligation. During your consultation, we will review the circumstances of your accident. We will explain your legal rights and discuss your options for pursuing compensation.

You pay no upfront costs or attorney fees when you hire Parker Waichman LLP. We work on a contingency fee basis. This means we only get paid if we successfully recover compensation for you. This arrangement allows you to access experienced legal representation without financial risk. Our no-fee guarantee means you have nothing to lose.

Our attorneys have decades of experience handling pedestrian accident cases throughout New York. We understand the physical, emotional, and financial toll these accidents take on victims and their families. We provide compassionate, client-focused representation while aggressively pursuing the compensation you deserve. Read our client testimonials to learn about our success.

Time is important in pedestrian accident cases. New York’s statute of limitations gives you three years to file a lawsuit. However, waiting can harm your case. Evidence can be lost, witnesses may become unavailable, and insurance companies may use delays against you. Contact us today to protect your rights. Don’t wait to seek legal representation.

Parker Waichman LLP serves pedestrian accident victims in Melville, Long Island, Nassau County, Suffolk County, and throughout New York State. With seven office locations, including our Melville office, we are accessible to clients across the region. Find our nearest office location to you.

Call us today at 800-968-7529 or visit our website to schedule your free consultation. Let our experienced pedestrian accident attorneys fight for the compensation you deserve while you focus on your recovery. Contact our Melville law office today.

Parker Waichman LLP – Melville Office

201 Old Country Road, Suite 145

Melville, NY 11747

Phone: 800-968-7529

Headquarters:

6 Harbor Park Drive

Port Washington, NY 11050

Phone: 800-968-7529

Additional Locations: New York City, Queens, Brooklyn, Bonita Springs (FL), West Orange (NJ)