Injured While Walking? New York City Pedestrian Accident Lawyer Explains Your Rights

Steps to Take After a Pedestrian Accident

In NYC, the steps you take right after a pedestrian accident affect your ability to recover compensation. These are the critical actions that an experienced pedestrian accident attorney would advise you to follow:

1. Before anything, if you are not severely injured, contact the police and file a report. This police report is specifically useful for hit-and-run cases.
2. Next, take pictures of the accident scene. If a vehicle was involved, take photos of the number plate. Anything that your instinct says is good evidence will be possibly useful for your case. So, document as many details as possible.
3. Even if you don’t have visible injuries, make sure that you seek medical help from a professional. Don’t misplace any medical records. Some injuries such as back injuries show up later. In such cases, all medical records become critical evidence.
4. Finally, before responding to insurance agents or admitting fault at any instance, make sure that you contact a trusted NYC pedestrian accident lawyer who can reach the accident scene promptly.

According to The New York Times, pedestrian deaths in NYC have surged by nearly 18% in 2024. The reasons have been discovered as the rise of e-scooters, e-bikes, and motorized vehicles. In addition, narrow driving lanes and the need for more bus lanes have also been noted as a problem that makes NYC dangerous for pedestrians. Pedestrian accident lawyers are familiar with the effects that pedestrians undergo after an accident and the type of strategy to apply in order to claim the compensation you deserve.

Who’s Liable in an NYC Pedestrian Accident?

When you are injured in a pedestrian accident, the first thing the insurance company wants to figure out is ‘fault 'and it’s no surprise that they’ll likely try to push more of it onto you. Why? Insurance agents want to minimize your payout.

But with a proper understanding of how liability works under New York law, you can make sure that you aren’t settling for a lower offer. Let’s understand your rights after a pedestrian accident in New York City:

• Negligence: Drivers have a legal duty to watch out for pedestrians. If they fail to yield, run a red light, speed, or drive distracted, that’s negligence. In such cases, they may be held accountable for your injuries.
• Comparative Negligence: Even if you were partly at fault, say you were looking at your phone when crossing the road, you can still recover damages. The only difference is that your compensation will be reduced by your share of fault under New York’s “pure comparative negligence” rule.
• Other Liable Parties: Sometimes it’s not just the driver. The city, construction crews, or vehicle manufacturers could share liability if poor road conditions, faulty signals, or defective car parts contributed to the crash.

A skilled New York City pedestrian accident lawyer can identify every liable party and make sure no one slips through the cracks when it’s time to recover compensation. Need support for your pedestrian accident? Book a free consultation with Gabriel Law. With over 50 years of combined experience in handling legal battles, our attorneys are ready to offer proper legal advice. Let’s talk.