Pedestrian Accident Lawyer in Port Washington, NY

When a pedestrian is struck by a vehicle, the consequences can be life-altering. If you’ve been injured as a pedestrian in Port Washington, Parker Waichman LLP is here to help you recover the compensation you deserve. Our experienced pedestrian accident lawyer in Port Washington, NY has recovered millions for injured clients and understands the physical, emotional, and financial toll these accidents take on victims and their families.

Why Choose Parker Waichman LLP for Your Pedestrian Accident Claim

Parker Waichman LLP has spent decades helping injured pedestrians in Port Washington and throughout New York. Our firm has recovered over $2 billion for clients across all practice areas, including a $4.5 million settlement for a pedestrian who suffered catastrophic injuries. With 20+ attorneys dedicated to personal injury law, we have the resources and experience to handle even the most complex pedestrian accident cases.

We work on a contingency fee basis, which means you pay nothing upfront. We only get paid when we recover compensation for you. Our Port Washington office is located at our headquarters, 6 Harbor Park Drive, making it convenient for local clients to meet with our team. We offer free consultations to discuss your case and explain your legal options with no obligation. Call us today at 800-968-7529 to schedule your free consultation.

What Happens After a Pedestrian Accident

The moments and hours following a pedestrian accident are critical. Taking the right steps immediately after the incident can significantly impact your case. Here’s what you should do:

Seek medical attention immediately. Even if you feel fine, some injuries don’t show symptoms right away. A medical evaluation creates an official record of your injuries, which is essential for your claim. Medical documentation is crucial evidence in establishing the extent of your injuries.

Document the scene. If you’re able, take photos of the accident location, vehicle damage, traffic signals, and road conditions. Get the names and contact information of any witnesses who saw what happened. This evidence is vital for establishing liability in your case.

Report the accident to police. Request a police report and obtain the report number. This official documentation is crucial evidence in your case and helps establish the facts of the incident.

Notify the insurance companies immediately. In New York, the vehicle that struck you is typically responsible for your medical bills under No-Fault law. You generally must file a No-Fault application within 30 days of the accident to have your medical bills covered. Missing this deadline can leave you personally responsible for hospital costs. Stick to the facts and avoid admitting fault. Understanding insurance coverage is important for maximizing your recovery.

Preserve evidence. Keep all medical records, receipts for expenses, photos, and correspondence related to the accident. Don’t post about the accident on social media, as this can be used against you.

Contact an attorney. Reach out to a pedestrian accident lawyer in Port Washington as soon as possible. Insurance companies often contact injured pedestrians quickly, and having legal representation protects your rights and ensures you don’t settle for less than you deserve.

Understanding Pedestrian Accident Liability

Determining who is at fault in a pedestrian accident involves understanding the duties each party owes to the other. Drivers have a legal duty to operate their vehicles safely and watch for pedestrians. Pedestrians also have responsibilities, such as following traffic signals and crossing at designated crosswalks.

In New York, the concept of comparative negligence applies to pedestrian accidents. This means that even if you were partially at fault for the accident, you can still recover compensation. However, your recovery will be reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you could recover $80,000.

Common scenarios that establish driver liability include:

• A driver running a red light and striking a pedestrian in a crosswalk
• A driver speeding and failing to stop in time to avoid a pedestrian
• A driver distracted by a phone and hitting a pedestrian
• A driver making a left turn without yielding to a pedestrian with the right of way
• A driver failing to see a pedestrian due to poor visibility or inadequate lighting

Evidence that establishes liability includes witness statements, traffic camera footage, police reports, vehicle damage patterns, and expert accident reconstruction analysis. Parker Waichman LLP works with accident reconstruction experts and investigators to build a strong case on your behalf.

Types of Damages You Can Recover

Pedestrian accident victims can recover two main categories of damages: economic and non-economic.

Economic damages are the measurable financial losses you’ve incurred. These include:

• Medical expenses for emergency care, hospitalization, surgery, rehabilitation, and ongoing treatment
• Future medical costs if you require long-term care or additional procedures
• Lost wages from time missed at work during recovery
• Lost earning capacity if your injuries prevent you from returning to your previous job
• Costs for home care, transportation, and medical equipment

Non-economic damages compensate you for the intangible harm you’ve suffered:

• Pain and suffering from your injuries
• Emotional distress and anxiety
• Loss of enjoyment of life if your injuries limit your activities
• Permanent scarring or disfigurement
• Loss of consortium (impact on your relationships)

In cases where a pedestrian is killed, surviving family members can pursue a wrongful death claim to recover funeral expenses, lost financial support, and other damages. Wrongful death cases require experienced legal representation to ensure families receive full compensation.

Common Pedestrian Accident Scenarios in Port Washington

Pedestrian accidents happen in various ways, and understanding common scenarios can help you recognize liability in your situation.

Crosswalk collisions occur when a driver fails to yield to a pedestrian who has the right of way in a marked or unmarked crosswalk. These accidents often involve drivers turning without checking for pedestrians or drivers running red lights. Intersection accidents are among the most common types of pedestrian injuries.

Hit-and-run incidents happen when a driver strikes a pedestrian and leaves the scene without providing contact information or assistance. These cases are more complex but can still result in recovery through uninsured motorist coverage. If you’re involved in a hit-and-run, contact law enforcement immediately.

Parking lot accidents involve drivers backing out of spaces or driving through lots without watching for pedestrians. These accidents are common in busy shopping areas and office parks. Premises liability may apply if the property owner failed to maintain safe conditions.

Sidewalk accidents occur when a vehicle leaves the roadway and strikes a pedestrian on the sidewalk, often due to driver error, mechanical failure, or medical emergency. These incidents can result in catastrophic injuries requiring long-term care.

Intersection accidents happen at traffic lights and stop signs when drivers fail to yield, run signals, or turn without checking for pedestrians. Understanding traffic laws and driver responsibilities is essential in these cases.

Frequently Asked Questions

How long do I have to file a pedestrian accident claim in New York?

In New York, you generally have three years from the date of the accident to file a personal injury lawsuit. However, if the vehicle was owned by a government entity (like a city bus or municipal truck), you generally have only 90 days to file a formal Notice of Claim. Missing this strict deadline can permanently bar your lawsuit, even if the 3-year window is still open. It’s important to contact an attorney quickly to ensure you meet all deadlines. Under New York Civil Practice Law and Rules (CPLR) § 213, the statute of limitations is strictly enforced.

What if I was partially at fault for the pedestrian accident?

New York follows a comparative negligence rule, which means you can still recover compensation even if you were partially at fault. Your recovery will be reduced by your percentage of fault. For example, if you were 15% at fault and your damages are $100,000, you can recover $85,000. Unlike many other states, New York follows a Pure Comparative Negligence rule (CPLR § 1411). This means you can still recover compensation even if you were more than 50% at fault (e.g., jaywalking). Your recovery is simply reduced by your percentage of fault. Do not assume you have no case just because you were partially to blame.

Do I need a lawyer for my pedestrian accident case?

While you can handle a claim on your own, having a lawyer significantly improves your chances of receiving fair compensation. Insurance companies have teams of adjusters and lawyers working to minimize payouts. An experienced pedestrian accident attorney knows how to negotiate with insurers, gather evidence, and present your case effectively. Hiring an accident lawyer can result in a substantially larger settlement. We handle the legal work so you can focus on recovery.

How much is my pedestrian accident case worth?

The value of your case depends on several factors: the severity of your injuries, the cost of medical treatment, your lost wages, the strength of liability evidence, and the impact on your quality of life. Each case is unique. During a free consultation, we can evaluate your specific situation and provide an estimate of your case’s potential value. Settlement fees are typically handled on a contingency basis.

What if the driver left the scene (hit-and-run)?

Hit-and-run cases are more challenging but not impossible to resolve. If you have uninsured motorist coverage on your own auto insurance policy, you can file a claim with your insurer. We can also work with police to identify the driver. Even without identifying the driver, your uninsured motorist coverage may provide compensation for your injuries under New York Insurance Law § 5102.

How long does a pedestrian accident case take to resolve?

Most pedestrian accident cases settle within 6 to 12 months. However, more complex cases or those involving serious injuries may take longer. Some cases go to trial, which can extend the timeline. We’ll keep you informed throughout the process and work to resolve your case as efficiently as possible while maximizing your compensation. Understanding the timeline for your case helps set realistic expectations.

Will my case go to trial?

Many pedestrian accident cases settle before trial. However, if the insurance company refuses to offer fair compensation, we’re prepared to take your case to trial. Our attorneys have extensive trial experience and are not afraid to litigate on behalf of our clients. We’ll discuss the pros and cons of settlement versus trial and let you make the final decision.

Contact Parker Waichman LLP for a Free Consultation

If you’ve been injured as a pedestrian in Port Washington, don’t wait to seek legal help. Parker Waichman LLP offers free consultations with no obligation. We’ll review the details of your accident, explain your legal rights, and discuss how we can help you recover the compensation you deserve.

Call us today at 800-968-7529 to schedule your free consultation. Our Port Washington office is conveniently located at 6 Harbor Park Drive, and we also have offices throughout the New York area. We work on a contingency fee basis, so you pay nothing unless we recover compensation for you. Let Parker Waichman LLP fight for your rights while you focus on healing.

Related Posts

• How Hiring an Accident Lawyer Can Result in a Larger Settlement
• The Importance of a Police Report in Your Personal Injury Case
• Understanding Pain and Suffering Damages in Personal Injury Cases