Pedestrian accidents are often serious, and they can frustratingly result in a hit-and-run situation. According to the ITSMR New York Crash Reporting system, there were 15,600 pedestrian injuries due to accidents statewide in 2019. 286 pedestrian fatalities occurred that year.
When you are struck as a pedestrian, it is critical to report the accident and seek medical attention as soon as possible. You should also document the accident to the best of your ability. A Long Island pedestrian accident lawyer can assist you with your case and help you seek the maximum compensation available for your medical costs and other losses.
You can use the following tips after a pedestrian accident to protect your legal rights and seek all forms of compensation that may be available.
Call 911 and Request Emergency Medical Services
If you have a cell phone and are able to use it, dial 911 to request a police respondent. If you think you may be hurt at all, request emergency medical services to come to evaluate you. Know that you do not necessarily have to ride in an ambulance if EMS performs a field exam and determines that you do not need hospital treatment.
Capture as Many Details About the Accident as You Can
Many pedestrian accidents result in drive-offs, otherwise known as a hit-and-run. In the event of a hit-and-run, know that you must be able to identify the driver as well as the vehicle. Take photos of the driver, their license plate, and any other identifying factors, to the extent possible. You may wish to record a physical description of the accident and anything you saw immediately before and after it.
If the driver who hit you does stop, request to see their driver’s license and insurance card.
Always Report Your Accident
Do not be tempted to “make things easier” for yourself or the driver who hit you by not reporting the accident. Pedestrian collisions are a serious matter, and they should be reported as soon as possible. Further, New York state law requires individuals involved in an accident to report it if there are any injuries.
Failing to report your accident can prevent you from filing a claim. You have the option to file a report yourself through a crash report form, but the longer you wait the more likely it is that critical evidence supporting your claim will have disappeared.
Seek Medical Attention, and Do Not Overlook Your Injuries
Adrenaline can cause you to feel fine after an accident — but then a few days later you truly feel like you got hit by a car!
Seek prompt medical attention to fully assess your possible injuries. If you are seriously hurt, with any bleeding, possible sprains, broken bones, or other injuries, do not refuse emergency medical evacuation. You could also have internal organ injuries that can be quite serious if left unchecked.
In any event, seek a medical exam within the first few days following your accident. While you may not feel hurt immediately after the fact, it is likely that you could have subtle injuries that only surface in the days and weeks that follow or cause complications later on.
Know that the sooner you can document your injuries and connect them to the accident, the better your chances are that you can recover the costs of your medical treatment — along with other damages.
Speak to a Long Island Pedestrian Accident Lawyer to Explore Options for Filing a Claim for Compensation
Depending on the circumstances of your accident, you may have several forms of compensation available.
No-fault insurance is supposed to pay for the costs of injuries associated with an auto accident, regardless of the circumstances. In cases involving a pedestrian, the policy for the car that hit the pedestrian is primarily liable to provide no-fault insurance to pay all medical bills, lost wages, and all other basic economic losses. In the event that vehicle is uninsured, you may file under your own no-fault policy.
Third-party liability insurance can pay for the costs of your out-of-pocket medical treatment, unpaid lost wages, and other damages if your damages exceed the no-fault insurance limits. You will also be eligible to claim pain and suffering if you can prove fault and establish that you have a “serious injury”, as defined by New York State Law.
No matter what happens after your accident, it would be prudent to review your situation with an experienced pedestrian accident lawyer in Long Island. An attorney can help you assess what compensation could be available, and they can help you review your damages to seek the maximum amount available for your claim. In many cases, you can seek a third-party claim against all at-fault parties, which can include not just the driver you hit you but also any other potentially culpable parties.
Reach out to TonaLaw for a free, no-risk case evaluation. Our seasoned Long Island pedestrian accident attorneys will thoroughly review your case and advise you on the next best steps to take. Contact us at 1-833-TONALAW or reach out to us online to schedule your free consultation now.
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