Pedestrian Hit By Car Lawyer: Secure 2025 Justice
Why a Pedestrian Hit By Car Lawyer is Essential for Your Recovery in New York
If you need a pedestrian hit by car lawyer, you are likely facing serious injuries, mounting medical bills, and uncertainty. A dedicated lawyer can immediately take control of the legal process so you can focus on healing.
What a Pedestrian Hit By Car Lawyer Does for You:
- Investigates your accident to gather evidence and prove driver negligence.
- Handles all insurance company negotiations to prevent lowball settlement offers.
- Calculates the full value of your claim, including future medical costs and lost wages.
- Works on a contingency fee basis – you pay nothing unless you win.
- Files your claim before the deadline – typically 3 years in New York, but much sooner for government entities.
You deserve compensation for:
- Medical expenses (emergency care, surgery, rehabilitation)
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress and diminished quality of life
Being hit by a car is a jarring experience. While vehicles have become safer for occupants, pedestrians have no protection. The statistics are sobering: in 2023, 283 pedestrians died in New York traffic accidents. In May 2024 alone, 724 pedestrians were involved in NYC motor vehicle accidents, with every incident resulting in injury or death. A significant number of these accidents occur in the dark and involve alcohol.
If you were hit by a car while walking in New York City, you face a complex legal battle. Insurance companies will fight to avoid paying full settlements, often blaming the pedestrian or offering inadequate compensation. Proving fault, calculating true damages, and negotiating with adjusters requires specific legal knowledge. New York’s pure comparative negligence laws mean you can recover compensation even if you share some blame, but only with a strong case. You have a limited time to act, with a three-year statute of limitations for most cases (and just 90 days for claims against government entities like the MTA).
I’m Mark Segal, and my team at Segal & Lax has over 75 years of combined experience representing New Yorkers injured in pedestrian accidents. As a pedestrian hit by car lawyer, I’ve helped countless clients across all five boroughs recover the compensation they deserve.
First Steps: What to Do Immediately After a Pedestrian Accident in New York
The moments after being hit by a car are chaotic and painful. What you do in these critical first minutes can significantly affect your health and your ability to recover compensation. Though it’s difficult, try to remain calm and focus on these essential steps.
What should I do at the scene of the accident?
Your actions at the scene protect both your health and your legal rights. Follow this guide:
- Prioritize Your Health: Your safety comes first. If you are seriously hurt, do not move. Wait for help to arrive. Adrenaline can mask severe injuries like internal bleeding or concussions, so it’s crucial to be evaluated by professionals.
- Call 911 Immediately: Ask someone to call 911 for you if you are unable. You need both an ambulance and the police. Paramedics will assess your injuries and create an official medical record linking them to the accident. The police will create an official report, which is a vital piece of evidence. This is especially important if you were hit by a drunk driver in Manhattan, as the report will document any sobriety tests or citations.
- Gather Information (If Able): If you can move safely, collect key details. Get the driver’s name, phone number, driver’s license number, license plate, and insurance information. If they don’t own the car, get the owner’s details as well. Ask any witnesses for their names and phone numbers before they leave the scene.
- Document Everything with Photos: Use your phone to take pictures of your injuries, the vehicle, skid marks, traffic signals, crosswalks, and the general scene. These photos provide indisputable evidence of the conditions at the time of the accident. Continue to photograph your injuries as they develop over the following days.
- Do Not Discuss Fault: It’s natural to want to apologize, but even a simple “I’m sorry” can be twisted by an insurance company into an admission of fault. Only state the basic facts to the police. Do not make any statements about who was to blame. Your pedestrian hit by car lawyer will handle the issue of fault later.
Following these steps will put you in a much stronger position to pursue the compensation you need. You don’t have to steer this process alone; a qualified lawyer can guide you through every stage.
Building Your Case: Proving Fault and Navigating Insurance in New York
To secure compensation, you must prove the driver was negligent. This requires a detailed investigation and a strategic approach to dealing with insurance companies, who are motivated to minimize payouts.
What are the common causes of pedestrian accidents in New York?
Understanding why these accidents happen helps your pedestrian hit by car lawyer build a stronger case. Common causes include:
- Distracted Driving: Drivers texting, using GPS, or otherwise not watching the road are a primary threat to pedestrians in New York City.
- Speeding: Exceeding the speed limit reduces a driver’s reaction time and dramatically increases the severity of injuries. A pedestrian hit at 40 mph is far more likely to die than one hit at 20 mph.
- Failure to Yield at Crosswalks: Drivers are required by law to yield to pedestrians in crosswalks, but they often fail to do so.
- Unsafe Turns: Drivers making turns, especially right on red or unprotected lefts, often fail to look for pedestrians crossing with the right of way.
- Running Red Lights or Stop Signs: This reckless behavior puts pedestrians who are legally crossing directly in harm’s way.
- Drunk or Impaired Driving: Alcohol or drugs are a factor in nearly half of all fatal pedestrian accidents due to slowed reaction times and poor judgment. If this applies to your case, you may want to read more about what to do if you are hit by a drunk driver in Manhattan.
While pedestrians should always be cautious, as noted in pedestrian safety tips from the CDC, driver negligence is the primary factor in most cases. For more on this, see our page on Causes of Car Accidents.
How do insurance companies handle these claims?
Insurance companies are businesses focused on profit, not your well-being. Their goal is to pay as little as possible. An insurance adjuster may seem friendly, but they are trained to protect the company’s bottom line. Be wary of these common tactics:
- The Lowball Offer: They may offer a quick settlement soon after the accident. This amount is almost always far less than your claim’s true value and, once accepted, prevents you from seeking further compensation.
- Shifting Blame: Adjusters will try to argue you were at fault, perhaps by being distracted or jaywalking, to reduce or deny your claim.
- The Recorded Statement: They will ask for a recorded statement, hoping to get you to say something that undermines your case. Never give a recorded statement without consulting a pedestrian hit by car lawyer.
At Segal & Lax, we handle all communications with insurance companies to protect you from these tactics. We know what your claim is worth and will fight for it. Learn more on our Car Accidents page.
Can I still get compensation if I was partially at fault?
Yes. New York follows a pure comparative negligence rule. This means you can still recover compensation even if you are found partially at fault for the accident.
Here’s how it works: if your total damages are $100,000, but you are found to be 20% at fault (for example, you were looking at your phone while crossing), your compensation would be reduced by your percentage of fault. You would still be able to recover $80,000.
Even if you were jaywalking, a driver still has a duty to operate their vehicle safely. If they were speeding or distracted, they can still be held liable. Insurance companies will try to place as much blame on you as possible to reduce their payout. Our job is to gather evidence of the driver’s negligence, minimize any fault attributed to you, and maximize your financial recovery.
Understanding Your Compensation for Pedestrian Accident Injuries in New York
A pedestrian accident can cause devastating injuries with long-term consequences. A successful claim provides financial relief for the full scope of your losses, from immediate medical bills to the lasting impact on your quality of life.
What are the most common types of injuries?
When a person is struck by a vehicle, the injuries are often catastrophic. The CDC notes that our bodies are not designed to withstand such force. Common injuries include:
- Traumatic Brain Injuries (TBI): A blow to the head can cause anything from a concussion to permanent brain damage. Symptoms may not appear immediately, which is why a medical evaluation is critical. Learn more from the Mayo Clinic’s TBI resource.
- Spinal Cord Injuries: Damage to the spinal cord can lead to partial or complete paralysis, loss of sensation, and permanent disability requiring extensive medical care.
- Broken Bones and Fractures: Limbs, ribs, and the pelvis are commonly fractured on impact, often requiring surgery and months of rehabilitation.
- Internal Organ Damage: The force of a collision can injure the liver, spleen, or kidneys, leading to life-threatening internal bleeding.
- Lacerations and Disfigurement: Deep cuts and abrasions can result in permanent scarring, affecting both physical and emotional well-being.
Many of these are considered a Catastrophic Injury, resulting in long-term disability. As your pedestrian hit by car lawyer, we understand the full scope of these injuries and their future impact.
What types of compensation can I receive?
When we build your case, we pursue compensation for all your losses, which fall into two main categories:
Economic Damages (Calculable Financial Losses):
- Current and Future Medical Expenses: This includes everything from the ambulance ride and ER visit to surgeries, hospital stays, physical therapy, and any long-term care or assistive devices you may need.
- Lost Wages and Income: Compensation for the time you missed from work while recovering.
- Diminished Earning Capacity: If your injuries prevent you from returning to your previous job or reduce your ability to earn a living in the future, you deserve compensation for that lost potential.
Non-Economic Damages (Intangible Losses):
- Pain and Suffering: Compensation for the physical pain and discomfort you have endured and may continue to experience.
- Emotional Distress: This covers the psychological impact of the accident, such as anxiety, depression, and post-traumatic stress disorder (PTSD).
- Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies, activities, or daily routines you once loved, you can be compensated for this loss.
In the tragic event that a pedestrian accident results in a fatality, the victim’s family can file a Wrongful Death claim to recover funeral expenses, lost financial support, and other damages. Our goal is to ensure you receive full compensation for every way the accident has affected your life.
Why You Need a New York Pedestrian Hit By Car Lawyer
Navigating the legal system after an accident is complex, especially in New York. A lawyer experienced in local pedestrian accident cases understands the specific laws, deadlines, and strategies needed to maximize your recovery.
How can a pedestrian hit by car lawyer help me prove fault?
Proving the driver’s negligence is the foundation of your claim. As your pedestrian hit by car lawyer, we use our resources and experience to build a compelling case.
Here’s how we help:
- In-Depth Investigation: We conduct our own investigation, going beyond the initial police report to uncover all the facts.
- Evidence Gathering: We collect police reports, medical records, and witness statements. We also work to secure crucial traffic and security camera footage from around the accident scene in New York City.
- Accident Reconstruction: In complex cases, we may work with accident reconstruction professionals who can scientifically recreate the crash to clearly show how the driver was at fault.
- Witness Interviews: We locate and interview eyewitnesses to get credible accounts that support your case.
- Proving Negligence: By combining this evidence, we establish that the driver breached their duty of care and that this breach directly caused your injuries and damages.
What is the statute of limitations for filing a claim in New York?
Time is critical when filing a personal injury claim in New York. The state has strict deadlines, known as the statute of limitations.
- Three-Year Deadline: For most pedestrian accident cases, you have three years from the date of the accident to file a lawsuit. If you miss this deadline, you will almost certainly lose your right to pursue compensation.
- Claims Against Government Entities: A critical exception applies to claims against bodies like New York City or the MTA. If you were hit by a city bus or vehicle, you have a much shorter window—typically just 90 days—to file a notice of claim. Missing this deadline can end your case before it begins.
While three years may seem like a long time, evidence can disappear and memories fade. Contacting a pedestrian hit by car lawyer promptly is the best way to protect your rights.
How much does a pedestrian hit by car lawyer cost?
We believe everyone deserves access to quality legal representation, regardless of their financial situation. That is why we work on a contingency fee basis.
This means you pay no upfront costs or retainers. We cover the costs of litigation, such as filing fees and fees for professional witnesses. Our legal fee is a pre-agreed percentage of the compensation we recover for you.
Our promise is simple: if we don’t win your case, you owe us nothing. Your initial consultation is always free, so you can understand your legal options without any financial risk or obligation.
Take Control of Your Recovery in New York
Being hit by a car can change your life in an instant. While your body and mind need time to heal, the last thing you should worry about is fighting with insurance companies or navigating complex legal deadlines.
That’s where we come in.
At Segal & Lax, our team has a combined 75 years of experience standing up for injured New Yorkers across all five boroughs. We understand how pedestrian accidents happen in our city, and we know how to hold negligent drivers accountable. When you work with a pedestrian hit by car lawyer from our firm, you get a dedicated advocate who will handle every aspect of your case while you focus on your recovery.
We take the time to understand how this accident has affected your life, and we calculate the full compensation you deserve—not just for today’s bills, but for the long-term impact on your health, work, and quality of life.
Our promise is simple: we work on a strict “no win, no fee” basis. You pay absolutely nothing unless we recover compensation for you. No upfront costs, no retainers, and no hidden fees. If we don’t win, you don’t owe us a dime.
If you are ready to seek the justice you deserve, take the next step. Your free consultation is just a phone call away.
Learn more about how we handle pedestrian accident cases and schedule your free consultation