Navigating the Aftermath of Pedestrian Accidents
If you’ve been injured in a traffic collision while on foot, an auto pedestrian accident attorney can help you secure compensation for your injuries and losses.
When to contact an auto pedestrian accident attorney:
– Immediately after seeking medical attention
– Before speaking with insurance companies
– Within 30 days to file for no-fault benefits
– When facing mounting medical bills
– If you’re being blamed for the accident
Pedestrian accidents can devastate lives. When a vehicle weighing thousands of pounds collides with a person on foot, the consequences are often catastrophic. According to recent statistics, pedestrian crashes account for only about 8% of total traffic crashes in New York State, but they are far more likely to result in serious injury or death.
In urban areas like Southern California, the risk is even higher due to dense traffic and busy intersections. Driver inattention is the most common reason for pedestrian accidents, accounting for 36% of pedestrian crashes in many major cities.
Being hit by a car while walking can leave you shaken, injured, and facing a complex legal system that may seem designed to minimize your compensation. Insurance companies routinely attempt to shift blame onto pedestrians to reduce payouts, even when the driver was clearly at fault.
That’s why having experienced legal representation is crucial. A pedestrian accident attorney understands the specific laws protecting people on foot and can help steer the complicated process of securing fair compensation for your injuries, lost wages, and pain and suffering.
What Does an Auto Pedestrian Accident Attorney Do?
When you’re hit by a vehicle while walking, an auto pedestrian accident attorney becomes your champion in a system that can feel overwhelming. Unlike typical car accidents, pedestrian cases involve more severe injuries and unique legal challenges that require specialized attention.
At Adam Krolikowski Law Firm, we don’t just handle your case – we walk alongside you through every step of the recovery journey. We take care of the legal heavy lifting while you focus on healing.
Our work begins with a thorough investigation of your accident. We visit the scene, talk to witnesses before memories fade, and gather police reports that document what happened. We look at every angle to determine who’s responsible – whether it’s a distracted driver, a government agency that designed an unsafe intersection, or even a vehicle manufacturer whose product failed.
Evidence in pedestrian accidents disappears quickly. That’s why we immediately send preservation letters to secure crucial evidence like vehicle “black box” data or surveillance footage from nearby businesses.
Working with medical professionals and financial experts, we calculate not just your current medical bills, but also future care needs and lost income. When insurance companies call, we handle those conversations for you, protecting you from tactics designed to minimize your claim.
Did you know pedestrians who work with attorneys typically receive settlements up to 3.5 times larger than those who go it alone? That’s because we prepare every case as if it’s heading to trial, even though about 95-97% of personal injury cases settle before reaching a courtroom.
In New York and many states, no-fault benefits can provide immediate coverage for medical expenses regardless of who caused the accident. But these benefits require proper paperwork filed within strict deadlines – another area where having an attorney makes all the difference.
Key Moments to Call an Auto Pedestrian Accident Attorney
The clock starts ticking the moment you’re injured. Here’s when reaching out matters most:
Right after the accident (if you’re able). We can guide you on what to document and what to say to police officers at the scene.
After getting medical help. Your health comes first, always. But once you’re stable, calling us quickly helps preserve valuable evidence.
Before talking to insurance adjusters. Those friendly insurance representatives who call within 24-48 hours? Their questions are carefully designed to minimize what they’ll pay you.
Within 30 days of your accident. In New York, you have just 30 days to file a no-fault claim. Miss this deadline, and you might lose access to important benefits.
How an Auto Pedestrian Accident Attorney Builds a Strong Case
Building your case is like assembling a puzzle where every piece matters. We start with thorough scene documentation – professional photographs, measurements of crosswalks and traffic signals, and notes about visibility and road conditions.
We then gather critical data that tells the true story of what happened. This might include:
Vehicle data records that show exactly how fast the driver was going and when they applied the brakes
Surveillance video from nearby businesses or traffic cameras that captured the accident
Cell phone records that might prove the driver was distracted
Weather and lighting reports that establish visibility conditions
We work with accident reconstruction professionals who can scientifically demonstrate how the collision occurred. Medical professionals help establish the link between the accident and your specific injuries.
Your Rights & Responsibilities After a Pedestrian Crash
Being hit by a car while walking turns your world upside down in an instant. Understanding your legal rights and responsibilities can make all the difference in your recovery – both physical and financial.
When you’re involved in a pedestrian accident, you have important rights that protect you. You deserve immediate medical care, even for injuries that seem minor at first. Many serious conditions like concussions or internal injuries don’t show symptoms right away.
In New York and several other states, you’re entitled to no-fault benefits that cover your medical bills and lost wages up to certain limits – regardless of who caused the accident. Beyond these basic benefits, you have the right to seek compensation for your pain and suffering, especially for serious injuries that impact your quality of life.
With rights come responsibilities. You need to report the accident promptly to both police and your insurance company. You must take reasonable steps to get appropriate medical care and follow your doctor’s treatment plan. You’re also responsible for preserving evidence when possible and meeting all legal deadlines.
The law generally favors pedestrians in crosswalk situations. In New York, Vehicle and Traffic Law §1151 requires drivers to yield to pedestrians in crosswalks. New Jersey takes this protection even further – drivers who fail to stop for pedestrians in marked crosswalks face a $200 fine, 15 days of community service, and points on their license.
That said, pedestrians have responsibilities too. You’re expected to obey traffic signals and use crosswalks where available. Crossing against a light or jaywalking doesn’t automatically disqualify you from compensation, but it can affect your case.
Most states, including California and New York, use comparative negligence rules. Under New York’s pure comparative negligence system, you can still recover damages even if you were partly responsible – your compensation is simply reduced by your percentage of fault.
Don’t forget about time limits. In California, you have 2 years to file a personal injury lawsuit. New York gives you 3 years, while New Jersey allows 2 years. Missing these deadlines typically means losing your right to compensation completely.
Immediate Steps at the Scene
What you do in the minutes after being hit can significantly impact your recovery and your legal case.
First, call 911 right away. Request both police and medical response, even if you think you’re “just shaken up.” The police report becomes an official record of what happened, and paramedics can identify injuries you might not feel yet due to shock and adrenaline.
If you’re able, document everything. Take photos of the vehicle that hit you, your visible injuries, the surrounding area including crosswalks and traffic signals, and the road conditions.
Gather the driver’s information – their name, phone number, license plate, insurance details, and the make and model of their vehicle. If witnesses are present, get their contact information too.
Be careful what you say. Even a simple “I’m sorry” can be twisted into an admission of fault. Stick to exchanging information and avoid discussing who caused the accident.
Critical Evidence to Gather
Building a strong case starts with collecting the right evidence. The more documentation you have, the better positioned you’ll be to receive fair compensation.
Photos and videos tell a story that words alone cannot. Capture the vehicle damage, your injuries, the accident location, traffic signals, and weather conditions.
Witness information is incredibly valuable. Get names and phone numbers of anyone who saw what happened.
Physical evidence matters too. Keep your damaged clothing and personal items unwashed and preserved.
Documentation forms the backbone of your claim. Obtain the police report as soon as it’s available and keep detailed records of all medical visits and treatments.
Compensation & Insurance Explained
When you’re hurt in a pedestrian accident, medical bills start piling up fast while your ability to work often disappears. This double financial hit can feel overwhelming, but there are several ways to recover compensation for what you’ve lost.
Most pedestrian accident victims can recover two main types of damages. First, there are economic damages – these are the concrete costs you can calculate: your hospital bills, physical therapy expenses, lost paychecks, and even the cost of getting to doctor appointments.
Then there are non-economic damages – the human costs that don’t come with receipts but still profoundly impact your life. Your physical pain, emotional suffering, and lost ability to enjoy activities you once loved all deserve compensation.
In cases where a driver was extraordinarily careless – texting while driving, heavily intoxicated, or racing through a school zone – you might also qualify for punitive damages, which punish truly reckless behavior.
Where does this money come from? As a pedestrian, you typically have several insurance sources to tap into:
The driver’s auto insurance provides the primary coverage through their bodily injury liability policy. In no-fault states like New York, their Personal Injury Protection (PIP) benefits may cover your immediate medical needs regardless of who caused the accident.
Surprisingly, your own auto insurance often helps even though you weren’t in a car. Your uninsured/underinsured motorist coverage can be a lifesaver if the driver who hit you had minimal insurance or none at all.
Your health insurance will typically cover medical treatments, though they may seek reimbursement if you receive a settlement later.
In hit-and-run cases where the driver can’t be identified, special government funds like New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC) can provide essential benefits.
If you’re walking in New York City, you get additional protections beyond state law. The New York City Traffic Rules include specific regulations for crosswalks, school zones, and other areas where pedestrians are particularly vulnerable.
No-Fault Benefits Deadline (30 Days)
Here’s something many pedestrians don’t realize until it’s too late: in New York and other no-fault states, you must file for no-fault benefits within 30 days of being hit. This deadline is strict, and missing it can cost you access to up to $50,000 in medical coverage and 80% of your lost wages (up to $2,000 monthly).
Filing for these benefits isn’t as simple as making a phone call. You’ll need to complete detailed application forms describing the accident and your injuries. You’ll need wage verification from your employer, healthcare authorization forms for your medical records, and documentation of your expenses.
If the insurance company denies your claim – which happens more often than you might think – you’ll face another tight deadline to appeal. Having an auto pedestrian accident attorney handle this paperwork ensures everything gets filed correctly and on time.
Recovering Damages When Partly at Fault
“I was crossing outside the crosswalk when I got hit. Can I still get compensation?”
This is one of the most common questions we hear, and the answer is usually yes. In California and New York, which follow “pure comparative negligence” rules, you can recover money even if you were partly at fault – your compensation simply gets reduced by your percentage of responsibility.
For example, if your total damages are $100,000 but you were 40% responsible for the accident (perhaps by crossing against the light), you can still recover $60,000. This differs from states with “modified comparative negligence” rules, where you can’t recover anything if you’re found more than 50% or 51% at fault.
Hiring and Working With Your Auto Pedestrian Accident Attorney
Choosing the right legal help after being hit by a vehicle is one of the most important decisions you’ll make during your recovery. The attorney you select will not only shape the outcome of your case but also influence how smoothly your journey to compensation unfolds.
When you partner with Adam Krolikowski Law Firm, we build a relationship founded on mutual trust and clear expectations. We believe in explaining complex legal concepts in everyday language, staying available when you have questions, and being completely honest about your case’s strengths and challenges.
Most people worry about affording legal help after an accident. That’s why we work on a contingency fee basis—you pay nothing upfront, and our fee comes as a percentage of what we recover for you. If we don’t win your case, you don’t pay attorney fees.
What to Look For in Legal Representation
When choosing an auto pedestrian accident attorney, consider these key factors that can make a real difference in your case:
Look for an attorney with specific experience handling pedestrian accident cases, not just general personal injury work. These cases involve unique laws and liability questions that require specialized knowledge. Don’t hesitate to ask about their track record with similar cases.
The firm’s resources matter tremendously. Strong pedestrian accident cases often require accident reconstruction professionals, medical authorities, and other witnesses who can strengthen your position.
Trial readiness is crucial, even if your case settles out of court. Insurance companies track which attorneys actually go to trial versus those who always settle. When they know your attorney is prepared to take your case before a jury, they typically offer better settlements.
Local knowledge can be invaluable. An attorney familiar with Orange County and Los Angeles courts understands the local judges, procedures, and insurance company tactics specific to your area.
Finally, trust your instincts about personal comfort. You’ll be sharing sensitive details about your injuries and life, so choose someone who listens attentively and shows genuine concern.
At Adam Krolikowski Law Firm, we pride ourselves on taking challenging cases that other attorneys might decline. With over 25 years in personal injury law, we’ve developed the knowledge and resources to pursue maximum compensation for pedestrian accident victims.
Typical Case Timeline From Intake to Resolution
Understanding what to expect timing-wise helps you prepare mentally and financially. While every pedestrian accident case follows its own path, here’s a general timeline of what typically happens:
We usually begin with an initial consultation within 1-2 weeks after your accident. During this meeting, we’ll evaluate your case, discuss your options, and if we’re a good fit, sign a representation agreement.
The investigation phase follows, typically lasting 1-3 months. We gather evidence, interview witnesses, consult with relevant professionals, and thoroughly review your medical records.
Your medical treatment period runs parallel to the legal process and varies depending on your injuries. During this time, we document your recovery progress and calculate your future medical needs.
Once we have a clear picture of your damages, we prepare a comprehensive demand package that reflects the true value of your claim.
The negotiation phase typically spans 2-6 months. We present your demand to the insurance company, respond to their offers, and work to negotiate fair settlement terms. Many cases resolve during this stage.
If we can’t reach a fair settlement, we move to litigation by filing a lawsuit. This process includes findy, depositions, and possibly mediation. If necessary, we prepare for and conduct a trial.
Simple cases might wrap up in 6-12 months, while more complex situations involving serious injuries could take 2-3 years, especially if a trial becomes necessary.
Frequently Asked Questions about Auto Pedestrian Accident Claims
When should I contact a lawyer after being hit?
The hours following a pedestrian accident are often a blur of pain, confusion, and stress. While getting medical help should be your first priority, reaching out to an auto pedestrian accident attorney should follow closely behind.
Ideally, you’ll want to contact a lawyer within the first few days after being hit. This quick action gives your attorney the opportunity to preserve critical evidence before it disappears – skid marks fade, surveillance footage gets deleted, and witnesses’ memories begin to blur surprisingly fast.
Early legal guidance also helps you steer those initial conversations with insurance adjusters who may call while you’re still recovering in the hospital. These conversations can significantly impact your case, and having an attorney advise you on what to say (and what not to say) can protect your rights.
There’s also the matter of deadlines – particularly for no-fault benefits, which in many states must be filed within just 30 days of the accident. Missing this window can mean losing access to thousands of dollars in medical and wage replacement benefits.
Can I recover if I crossed against the light?
Many pedestrians assume that if they weren’t in a crosswalk or were crossing against the light, they have no case. This simply isn’t true in most states.
In California and New York, which follow “pure comparative negligence” rules, you can recover compensation even if you were partially at fault for the accident. Your compensation will be reduced by your percentage of responsibility, but not eliminated entirely.
For example, if your total damages are $100,000 and you’re found 40% responsible for crossing against the light, you could still recover $60,000. That’s a significant amount that can help cover medical bills and lost income during your recovery.
Several factors can work in your favor even if you weren’t crossing properly:
The driver may have been speeding or texting behind the wheel. They might have failed to exercise appropriate caution in an area where pedestrians are common. Poor visibility conditions or a history of pedestrian activity at that location can also strengthen your case.
Drivers have a legal duty to remain vigilant and avoid pedestrians whenever possible, regardless of whether the pedestrian is following all rules perfectly.
What if the driver fled the scene?
Being the victim of a hit-and-run adds another layer of trauma to an already devastating experience. However, you still have several paths to compensation even when the driver can’t be identified.
Your own auto insurance may be your first resource. Many people don’t realize that your uninsured motorist coverage often applies even when you’re on foot rather than in a vehicle. This coverage can help pay for medical bills, lost wages, and pain and suffering.
If you don’t have auto insurance but live with a family member who does, their uninsured motorist coverage might extend to protect you as a household member.
Some states have also established special funds specifically for hit-and-run victims. New York has the Motor Vehicle Accident Indemnification Corporation (MVAIC), while California offers assistance through the California Victim Compensation Board.
For more information about pedestrian accident representation, visit our dedicated page.
Conclusion
When you’re recovering from a pedestrian accident, the last thing you need is to face insurance companies and legal complexities alone. Having a dedicated auto pedestrian accident attorney in your corner makes all the difference in your recovery journey – both physically and financially.
At Adam Krolikowski Law Firm, we’ve spent over 25 years helping injured pedestrians throughout Orange County and Los Angeles rebuild their lives after devastating accidents. We’ve seen how these incidents can turn lives upside down in an instant, leaving victims with mounting medical bills, lost income, and uncertain futures.
What sets our approach apart is our unwavering commitment to your case from day one. We don’t just file paperwork – we dive deep into the details that matter:
We investigate every angle of your accident, preserving crucial evidence that insurance companies hope will disappear. We collaborate with medical professionals who can properly document your injuries and forecast your future needs. We handle every interaction with insurance adjusters, shielding you from tactics designed to devalue your claim.
Perhaps most importantly, we prepare your case as if it’s heading to trial from the very beginning. This thorough approach often leads to stronger settlements without ever stepping foot in a courtroom – but if trial becomes necessary, you’ll have a team that’s completely prepared.
Pedestrian accident cases operate on strict timelines. Evidence fades, witnesses move away, and critical deadlines for insurance claims pass quickly. The sooner you reach out for help, the stronger your position becomes.
You won’t pay a penny unless we win your case. We advance all costs associated with building your claim, removing the financial barrier to quality legal representation when you need it most.
Contact us today for a free, no-pressure consultation about your case. With convenient offices in Santa Ana and Los Angeles, we’re here to serve pedestrian accident victims throughout Southern California with the personal attention and determined representation you deserve.