Walking through New York City, whether for work or leisure, means navigating busy streets and countless vehicles. Pedestrians often share the roads with cars, buses, and trucks. While we all expect drivers to follow traffic laws, reckless driving remains dangerous. For residents of Westchester County who frequent the city, or anyone enjoying a stroll, being hit by a negligent driver can change one’s life instantly.

If you find yourself injured by a reckless driver while walking in New York City, the moments immediately following the accident are crucial. Knowing what steps to take can significantly impact your physical recovery and any future legal claim. At Rizzuto Law Firm, we aggressively stand up for injured pedestrians. We also believe in empowering you with the knowledge to protect yourself after such a traumatic event.

Immediate Steps After a Pedestrian Accident in NYC

Taking proper steps after a pedestrian accident can protect your physical health and legal claim. Even if you’re shaken, focus on these immediate priorities:

Seek Medical Attention.
Your health comes first. See a doctor right away, even for seemingly minor injuries. Adrenaline can mask pain; some severe injuries might not have immediate symptoms. Call 911 for an ambulance if needed, or go to an urgent care clinic in NYC or Westchester County. Be sure to follow all medical advice and attend every follow-up appointment; this creates a vital record of your treatment.

Contact the Police and File a Report.
An official police report documents the accident and its details. Call 911 to have an officer come to the scene. Give the officer a clear and accurate account of what occurred. Be sure the report notes any injuries you have and that you plan to seek medical care. Get the accident report number from the officer.

Gather Information at the Scene (If Possible).
While prioritizing your safety, collect information from the scene. Get the reckless driver’s name, contact details, license plate number, and insurance information. Ask for contact information from any witnesses. Use your phone to take photos of the scene, including vehicle damage, your injuries, and road conditions.

Do Not Admit Fault.
Avoid apologizing or admitting fault for the accident, even casually. Anything you say can be used against you. Limit your conversation with the driver to exchanging information. Do not discuss the accident details with the driver, their insurance company, or anyone else besides the police and your lawyer. If an insurance company asks for a recorded statement, decline and direct them to us.

Understanding New York Personal Injury Law for Pedestrians

New York law provides several avenues for injured pedestrians to seek justice and compensation. We guide our clients through these complex laws to hold negligent drivers accountable.

New York’s No-Fault Insurance System

New York is a “no-fault” state for motor vehicle accidents. This means your initial medical expenses and lost wages are generally covered by your Personal Injury Protection (PIP) benefits, regardless of who was at fault.

  • Your Policy: If you own a vehicle, your own PIP benefits likely cover you as a pedestrian.
  • Household Policy: If you do not own a car but live with a relative who does, their PIP policy may provide coverage.
  • Driver’s Policy: If you have neither of the above, you can file a claim for no-fault benefits through the reckless driver’s insurance.

Apply for these benefits within 30 days of the accident, as a delay can jeopardize your right to them.

Proving Fault and Reckless Driving

To pursue a personal injury claim beyond the no-fault system, you must prove the driver’s negligence and that their reckless actions caused your injuries. Reckless driving goes beyond simple carelessness and often involves behavior like speeding, running red lights, or distracted driving. New York uses a “comparative negligence” rule (New York Civil Practice Law and Rules § 1411), which means your compensation can be reduced if you are found to be partly at fault for the accident.

The Serious Injury Threshold

To seek compensation for pain and suffering, you must meet the “serious injury” threshold defined in New York Insurance Law § 5102(d). This legal standard includes categories like:

  • Bone fracture
  • Significant disfigurement
  • Permanent consequential limitation of a body organ or member
  • Significant limitation of a body function or system
  • A medically determined injury that prevents you from performing most of your usual daily activities for at least 90 days during the first 180 days after the accident.

How Rizzuto Law Firm Can Aggressively Fight for You

An injury from a reckless driver in New York City can be overwhelming. You may be dealing with medical bills, lost wages, and pain while trying to navigate complex no-fault and serious injury laws.

That is where we, at Rizzuto Law Firm, step in. We aggressively advocate for pedestrians injured by others’ negligence. We handle all communication with insurance companies, investigate the accident, and build a strong case to secure the compensation you are owed. We know the rules for pedestrian accidents in New York and fight tirelessly to protect your rights. Whether you live in Westchester County or one of the five boroughs, we represent you.

If a reckless driver has injured you or a loved one, do not delay. Contact us for a confidential consultation today.

 Call us at 516-604-5496 to discuss your case. We are here to help you seek justice.