In the blink of an eye, a pedestrian’s world can turn upside down. The streets, once filled with the familiar rhythm of daily life, can suddenly become a scene of chaos and confusion. Pedestrian accidents are not only physically traumatic but also emotionally and mentally taxing for those involved. In the aftermath of such an incident, knowing what steps to take can make all the difference in navigating the complexities of legal proceedings and securing rightful compensation.
Seek Medical Attention Immediately
Your health and safety should always be the top priority. Even if you believe your injuries are minor, it’s crucial to seek medical attention without delay. Some injuries, such as concussions or internal bleeding, may not manifest symptoms immediately but could have severe consequences if left untreated. By seeking medical help promptly, you not only safeguard your well-being but also create a crucial record of your injuries for potential legal proceedings.
Document the Scene
As soon as it is safe to do so, document the accident scene. Take photographs of the location, any visible injuries, and property damage. If there are witnesses present, obtain their contact information. Their testimonies could provide valuable evidence to support your case later on. Additionally, make note of weather conditions, traffic signals, and any other factors that may have contributed to the accident.
Notify Law Enforcement
Contact local law enforcement to report the accident. A police report serves as an official record of the incident and can provide valuable documentation for insurance claims and legal proceedings. Cooperate fully with the responding officers and provide them with an accurate account of what transpired.
Exchange Information
Exchange contact and insurance information with the involved parties, including drivers, cyclists, or other pedestrians. Be sure to obtain the driver’s license plate number and driver’s license information. Avoid discussing fault or making any statements that could be construed as an admission of guilt.
Founding Partner Managing Partner Associate Attorney
Richard Nicotra
Andrew Connelly
Emily Oczytko
Refrain from Posting on Social Media
In today’s digital age, it can be tempting to share every aspect of our lives on social media. However, refrain from posting about the accident or your injuries on social media platforms. Insurance adjusters and opposing legal counsel may use this information against you, so it’s best to exercise caution and discretion.
Notify Your Insurance Company
Promptly notify your insurance company of the accident. Provide them with accurate details and cooperate fully with their investigation. However, refrain from providing recorded statements or signing any documents without consulting legal counsel first.
Understanding Comparative Negligence
In pedestrian accident cases, determining fault can be complex and often involves assessing the actions of both the pedestrian and the driver. New York follows a comparative negligence system, meaning that even if you were partially at fault for the accident, you may still be entitled to compensation. However, your total recovery may be reduced by your percentage of fault.
Richard Nicotra represented my husband for a motorcycle case. His professionalism and empathy during the case was exceptional. The professionalism Displayed by the firm and staff was truly appreciated.. I highly recommend Richard and his practice for any of your needs.” - Lisa Isenberg I used Andrew Connelly after I was in a car accident, and he has been my go-to for over 10 years when anyone has asked for a recommendation for a no-fault attorney. His knowledge, patience, and professionalism go a long way in making an often difficult and challenging situation easier. He is reliable, and someone you can trust to get the job done right. The 5 stars are well deserved." - Andrea Mccarthy Rick Nicotra from the Nicotra Law Firm PC is a very honest, knowledgeable, and genuinely caring attorney. Furthermore, he is very personable and always available for you whether it be a text, email, or phone call. Rick and his team are exceptional. They treat you like family and are second to none. I would recommend Rick Nicotra and his team from The Nicotra Law Firm PC." - Chad
Preserving Evidence
Preserving evidence is crucial in building a strong case for compensation. This includes not only physical evidence, such as photographs and medical records but also any electronic evidence that may be relevant, such as surveillance footage or electronic communications. Your attorney can help you identify and preserve key evidence to support your claim.
Navigating Insurance Claims
Dealing with insurance companies can be a daunting task, especially when you’re already dealing with the physical and emotional aftermath of a pedestrian accident. Insurance adjusters may try to minimize your claim or pressure you into accepting a low settlement offer. Having legal representation can level the playing field — helping you receive fair compensation for your injuries and damages.
Understanding Your Rights
As a pedestrian accident victim, you have rights under New York law. These include the right to pursue compensation for your medical expenses, lost wages, pain and suffering, and other damages. However, navigating the legal system can be challenging, especially if you’re unfamiliar with the laws and procedures governing personal injury cases. An experienced attorney can explain your rights and options and help you make informed decisions about your case.
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Calculating Damages
Calculating the full extent of your damages requires a thorough assessment of your injuries, medical expenses, lost wages, and other losses. Additionally, you may be entitled to compensation for intangible losses such as pain and suffering, emotional distress, and loss of enjoyment of life. Your attorney can help you accurately assess the value of your claim and pursue maximum compensation on your behalf.
Negotiating Settlements
Many pedestrian accident cases are resolved through settlement negotiations rather than going to trial. Your attorney can negotiate with the insurance company on your behalf to reach a fair settlement that adequately compensates you for your injuries and damages. If a settlement cannot be reached, your attorney can prepare your case for trial and advocate for your rights in court.
Preparing for Litigation
If a fair settlement cannot be reached through negotiations, your attorney will prepare your case for litigation. This may involve gathering additional evidence, deposing witnesses, and preparing legal arguments to present in court. Throughout the litigation process, your attorney will keep you informed of developments in your case and provide you with the support and guidance you need.
Protecting Your Legal Rights
Insurance companies are focused on protecting their bottom line, which means they may try to take advantage of unrepresented accident victims. Having legal representation sends a clear message that you are serious about protecting your rights and pursuing fair compensation. Your attorney can handle all communications with the insurance company on your behalf, allowing you to focus on your recovery.
Seeking Closure and Justice
For many pedestrian accident victims, seeking closure and justice is an important part of the healing process. Holding the responsible parties accountable for their actions can provide a sense of validation and closure. Whether through a negotiated settlement or a jury verdict, your attorney will work tirelessly to achieve the best possible outcome for you and your family.
Pedestrian accidents can have far-reaching consequences, but they don’t have to define your future. With the right legal representation, you can move forward with confidence, knowing that you have a dedicated advocate fighting for your rights. At The Nicotra Law Firm, PC, we are committed to helping pedestrian accident victims rebuild their lives and pursue justice. Contact us today to schedule a free consultation and learn how we can help you.