The Most Dangerous Intersections in New York
When you are a pedestrian hit by a car, the aftermath is overwhelming. You may be left with painful injuries, medical bills, time away from work, and no clear path forward. In those moments of chaos, knowing what to do next can make a significant difference in your recovery, both physically and financially.
This post provides step-by-step medical and legal guidance for pedestrians injured in vehicle collisions in New York. Whether you were walking to work or crossing the street with the light, you have legal rights and options to pursue compensation. Here is what to do after a pedestrian accident.
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Step 1: Call 911 and Request Medical Help
Your priority after any pedestrian accident is your health. Even if your injuries seem minor, internal trauma or brain injuries may not be immediately visible. Tell the dispatcher you were hit by a car while walking, and request both police and medical assistance. Seeking care right away documents your injuries and creates a medical record that supports your legal claim.
Step 2: Get a Police Report
In New York, a police report is crucial after a pedestrian accident. When officers arrive, tell them:
- You were a pedestrian hit by a car;
- Where you were located (crosswalk, sidewalk, etc.);
- What direction you were heading; and
- Any observations about the driver (e.g., speeding, distracted, ran a red light).
Avoid guessing or speculating. Stick to facts. Ask for the report number before you leave the scene so that you can obtain a copy later.
Step 3: Document the Scene (If You Can)
If you are physically able, take steps to preserve evidence:
- Photograph the vehicle, including license plate, damage, and position;
- Take photos of your injuries, clothing, and surroundings;
- Get witness names and contact info; and
- Note traffic signals, signage, and street conditions.
These details can help establish liability and support your version of events.
Step 4: Seek Ongoing Medical Treatment
Even if you visited the ER, follow up with your doctor or a specialist. You may need X-rays, MRIs, or referrals to physical therapy or orthopedic care. Many injuries can worsen over time, including:
- Concussions and brain injuries,
- Whiplash or spinal trauma,
- Broken bones,
- Torn ligaments, and
- Psychological trauma (e.g., anxiety crossing streets).
Do not skip appointments. The insurance company can use gaps in treatment to minimize your claim.
Step 5: Notify Your Insurance and File an MV-104
Under New York’s no-fault insurance law, you may be eligible for coverage of medical expenses and lost wages through your auto insurance policy, even as a pedestrian. If you do not own a car, the driver’s policy or a household member’s policy may apply.
If the police did not investigate the scene, you must file an MV-104 report with the New York DMV within 10 days of the accident if there was injury or over $1,000 in property damage. Failure to do so may jeopardize your claim.
Step 6: Understand Your Right to File a Lawsuit
Not every injury qualifies for a personal injury lawsuit in New York. Under state law, you must have sustained a “serious injury” as defined by statute. Serious injuries may include:
- Bone fractures,
- Significant disfigurement,
- Permanent limitation of a body organ or function,
- Significant limitation of a body function or system, or
- Injuries that prevent you from performing daily activities for at least 90 of the first 180 days following the accident.
If you meet these criteria, you may be entitled to file a lawsuit against the at-fault driver for:
- Medical bills beyond no-fault limits,
- Lost income and diminished earning potential,
- Pain and suffering, and
- Future care costs.
A New York pedestrian accident attorney can evaluate your situation and determine whether your injury meets the legal threshold.
Step 7: Avoid Speaking with the Driver’s Insurance Company
Soon after the crash, the at-fault driver’s insurer may contact you. They may seem sympathetic, but their goal is to limit the amount they pay. To protect your claim, remember the following:
- Do not give a recorded statement without speaking to a lawyer first,
- Do not accept an early settlement offer before your treatment is complete, and
- Do not sign any documents without legal review.
The insurer may downplay your injuries or argue that you were partially at fault.
Step 8: Contact a New York Pedestrian Accident Lawyer
Hiring a qualified pedestrian accident attorney can make a significant difference in your case outcome. A lawyer can help:
- Investigate the crash thoroughly;
- Secure video footage and witness statements;
- Work with medical experts to document your injuries;
- Negotiate with insurance companies on your behalf; and
- Take your case to trial, if necessary.
Do not wait too long. In New York, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident. For government vehicles, deadlines are much shorter—sometimes as little as 90 days to file a notice of claim.
What Happens If You Get Hit by a Car While Walking?
Here is a quick breakdown of what happens if you get hit by a car while walking in New York:
- Emergency responders will assess and treat injuries,
- Police will file an accident report,
- You may receive no-fault benefits through insurance (yours or the driver’s),
- You may be eligible to file a lawsuit if you suffered serious injuries, and
- An attorney can help you pursue maximum compensation.
Understanding these pedestrian accident steps helps you protect your health and legal rights from the start.
Common Mistakes to Avoid as a Pedestrian Hit by a Car
Pedestrian accidents can be legally complex. Many victims unknowingly hurt their chances of a fair settlement by making these mistakes:
- Delaying medical treatment or not following the doctor’s treatment plan;
- Posting on social media about the accident or your injuries;
- Admitting fault at the scene, even partially;
- Failing to document the scene; and
- Not contacting a lawyer soon enough.
Avoid these missteps by following the guidance above and getting trusted legal support.
Speak with a Trusted New York Pedestrian Accident Lawyer
If you were hit by a car while walking in New York, you do not have to figure things out alone. At Greenspan & Greenspan, we have been standing up for injured New Yorkers since 1959. Our attorneys take the time to understand your situation and guide you through every step, whether you’re dealing with hospital bills, time off work, or calls from insurance companies.
Call us today or contact us online for a free consultation. We are ready to fight for you.
