Greenburgh, NY Pedestrian Accident Lawyers
Protecting the rights of injured pedestrians in Greenburgh, NY
Walking is a way of life in Greenburgh, whether you’re strolling through your neighborhood, walking to a bus stop, or crossing a busy street like Central Park Avenue or Tarrytown Road. Unfortunately, when drivers are careless, a simple walk can turn into a life-altering tragedy. The human body is no match for a two-ton vehicle, and injuries to pedestrians are frequently severe.
If you or a loved one was struck by a vehicle in Greenburgh, you may be facing a long recovery and many questions about what comes next. The Greenburgh pedestrian accident attorneys at Giampa Law have represented injured pedestrians (and families of those fatally struck) throughout Westchester County. Our team knows New York laws that protect pedestrians and how to hold negligent drivers accountable. Contact us for a free consultation. We’ll review your situation and explain how we can help, with no fee unless we win your case.
FAQs About Greenburgh Pedestrian Accidents
- What types of pedestrian accidents happen in Greenburgh?
- What should I do after a pedestrian accident?
- What are common causes of pedestrian accidents?
- What are common injuries in pedestrian accidents?
- What is the average settlement for a pedestrian accident in New York?
- What types of evidence help in a pedestrian accident claim?
- How do I prove the driver was at fault under NY law?
- What challenges do pedestrians face with insurance claims?
- How long do I have to file a pedestrian accident lawsuit in NY?
- What damages can I recover after a pedestrian injury?
What types of pedestrian accidents happen in Greenburgh?
Pedestrian accidents can occur in various settings around Greenburgh, from busy commercial areas to quiet residential streets. Some typical types of pedestrian accidents in our area include:
- Crosswalk and intersection accidents: These happen when drivers fail to yield at crosswalks or intersections, often hitting pedestrians who have the right of way.
- Backing-up accidents (parking lots/driveways): Drivers backing up in parking lots or driveways may hit pedestrians they fail to see, especially children.
- Mid-block or unmarked crossing accidents: Pedestrians crossing outside of crosswalks can be struck when drivers aren’t paying attention or pedestrians emerge unexpectedly.
- Shoulder and roadside accidents: Pedestrians walking along roads without sidewalks are at risk if drivers veer off due to distraction or impairment.
- School zone and child pedestrian accidents: Children are especially vulnerable in school zones and neighborhoods when drivers speed or fail to stay alert.
- Bus stop or public transit-related accidents: Pedestrians near buses are often hit when crossing in front of or running to catch a bus, especially if drivers don’t yield or illegally pass stopped buses.
Regardless of how it happened, Giampa Law can investigate the specifics. We’ll obtain any camera footage (buses often have cameras, traffic cams might capture intersections), interview witnesses, and gather details like whether the crosswalk signals were functioning. Our goal is to paint the picture of how your pedestrian accident occurred and establish fault, so you can recover compensation for your injuries.
What should I do after a pedestrian accident?
- Being hit by a vehicle is a shocking experience, and you may be severely injured and disoriented in the immediate aftermath. However, if you or someone with you is able, certain steps should be taken to protect your health and your legal rights. Here’s what to do after a pedestrian accident in Greenburgh:
- Call 911 and get medical help: Always call 911 after being hit and let paramedics evaluate you (even if you feel okay) since injuries can be hidden.
- Ensure police are on the scene: Make sure police respond and generate an accident report, as it’s required for injury cases and key for your claim.
- Gather driver information: If possible, collect the driver’s contact, license, and insurance info, or have someone else do it if you’re unable.
- Collect evidence at the scene: Take photos, note camera locations, and gather witness contacts if you’re physically able to do so.
- Don’t make admissions or apologies: Avoid discussing fault or downplaying injuries; just state the facts and focus on getting care.
- Get medical evaluation and follow up: Be thorough with doctors, follow all treatment instructions, and keep copies of your medical records.
- Report the accident to the insurance company (no-fault): File a no-fault claim with the driver’s insurance provider within 30 days to cover medical bills and lost wages.
- Preserve evidence of shoes/clothing: Save any damaged clothing or personal items from the crash as they may support your case.
- Consult a pedestrian accident lawyer: Speak with a Greenburgh pedestrian accident lawyer early to protect your rights, handle insurance, and get evidence to support your claim.
What are common causes of pedestrian accidents?
- Pedestrian accidents typically stem from driver negligence. In Greenburgh and similar communities, common causes of pedestrian accidents include:
- Failure to yield right-of-way: Drivers often cause pedestrian accidents by failing to yield in crosswalks, especially when turning without checking for pedestrians. This includes left turns at intersections or right turns on red without looking both ways.
- Distracted driving: Drivers using phones or adjusting devices may miss signals, crosswalks, or pedestrians entirely, especially in high-foot-traffic areas.
- Speeding or reckless driving: Speeding greatly increases the risk and severity of pedestrian injuries, as drivers have less time to react and stop. Reckless actions such as red-light running or aggressive swerving also endanger those on foot.
- Driving under the influence: Impaired drivers are more likely to drift, ignore signals, or hit pedestrians due to poor judgment and delayed reactions, especially at night.
- Poor visibility / low light conditions: Pedestrian accidents often occur in low light when drivers don’t slow down or pay extra attention, even though the law requires it.
- Mid-block crossings/jaywalking: Pedestrians crossing outside of crosswalks can surprise drivers, but motorists may still share fault if they were speeding or distracted.
- Backing vehicles: Drivers who fail to check behind them when reversing often hit pedestrians. SUVs with limited rear visibility are common culprits.
- Left turn “double threat”: On multi-lane roads, one car may stop for a pedestrian while another passes and hits them, failing to see the reason for the stop.
Our Greenburgh pedestrian accident attorneys can identify exactly how the driver was negligent. Was it distraction? High speed? Ignoring a yield requirement? We gather the evidence, including phone records, skid mark measurements, witness statements, and more.
What are common injuries in pedestrian accidents?
- Pedestrian accidents often result in severe injuries, given that a human body has no protection against a moving vehicle. Even a relatively slow-moving car can cause serious harm to a person on foot. Here are some of the common injuries we see in Greenburgh pedestrian accident cases:
- Fractures and broken bones: Pedestrians often suffer broken legs, arms, hips, or ribs from impact, with some fractures requiring surgery and long-term recovery.
- Head injuries: Head trauma from striking the car or pavement can cause concussions or traumatic brain injuries, which may result in lasting cognitive or neurological issues.
- Spinal cord injuries and back injuries: Pedestrians hit by vehicles can suffer herniated discs, spinal fractures, or even paralysis from spinal cord damage.
- Internal injuries: Blunt force trauma can cause serious internal damage like organ lacerations, internal bleeding, or collapsed lungs, often requiring emergency care.
- Facial injuries and dental injuries: Impact to the face can lead to broken bones, lost teeth, scarring, or eye injuries that may affect appearance or vision.
- Road rash, lacerations, and abrasions: Being thrown to the ground can cause severe cuts, scrapes, or abrasions that may result in scarring or need skin grafts.
- Orthopedic and joint injuries: Pedestrians may suffer torn ligaments or dislocated joints, especially in the knees and shoulders, often requiring surgery or physical therapy.
- Fatal injuries: Pedestrian collisions can cause fatal trauma, and families may pursue wrongful death claims for the loss of a loved one.
It’s not unusual for a pedestrian accident victim to have multiple injuries from one event, such as a broken leg, concussion, and internal injuries all together. The path to recovery can be long and require multidisciplinary care (including orthopedic surgeons, neurosurgeons, and physical therapists).
The Greenburgh pedestrian accident lawyers at Giampa Law make sure the full extent of your injuries is well-documented. We consult with your doctors to understand the prognosis, gather all medical records and, if needed, bring in medical experts to explain your injuries and necessary care. Our goal is to ensure that the compensation reflects the seriousness of what you’ve endured and covers your needs moving forward.
What is the average settlement for a pedestrian accident in New York?
Pedestrian accidents often result in severe injuries, which generally leads to higher settlements or verdicts compared to, say, minor car-on-car fender benders. The “average” settlement for a pedestrian accident can vary widely, because it depends on the severity of injuries, clarity of fault, and insurance limits.
Minor pedestrian injury cases (such as bruises and a sprained ankle, with no lasting issues) might settle in the tens of thousands range, similar to moderate car accident cases. However, those are less common because when a car hits a person, injuries are usually more than just minor.
For significant injuries (multiple fractures, surgeries required, long recovery), six-figure settlements are common. For example, a pedestrian who suffers a broken leg requiring surgery and months of therapy might see settlements in the $100k-$250k range, depending on circumstances.
When we calculate a settlement target, we consider all your damages (medical bills, lost wages, pain and suffering). Pain and suffering often constitutes the largest part of a pedestrian claim because injuries are painful and life-disrupting. Insurance companies might use software or past case comparisons to gauge that, but Giampa Law can argue for a figure that truly reflects your condition.
What types of evidence help in a pedestrian accident claim?
- Strong evidence is key to proving the driver’s fault and the extent of your injuries in a pedestrian accident case. Many of the evidence types overlap with car accident evidence, but there are some nuances for pedestrian cases. Here’s what can significantly bolster your claim:
- The police accident report: The police report includes statements, impact location, citations, and possible fault, which we review closely for accuracy and helpful details.
- Witness testimony: Witnesses can confirm key facts like you having the right-of-way, and we quickly gather their accounts to support your claim.
- Surveillance or traffic camera video: We search for and preserve any available camera footage, which can clearly show how the accident happened.
- Scene photographs: Photos from the scene, including vehicle position, skid marks, and impact evidence, help reconstruct what occurred.
- Your clothing and personal items: Damaged clothing, lost shoes, or broken items can demonstrate the force of the impact and are preserved as evidence.
- Medical records and injury photographs: Medical documents and injury photos show the severity and timing of your injuries, strengthening the link to the crash.
- Accident reconstruction expert analysis: Experts use physical evidence and science to determine speed, impact angle, and fault when the cause is disputed.
- Skid marks and vehicle data: Skid marks and car data recorders can reveal speed and braking behavior, often disproving a driver’s version of events.
- Driver’s statements or admissions: Any driver admissions at the scene or in reports can be powerful evidence, such as saying they didn’t see you.
- Local conditions/prior complaints: If the area has a history of pedestrian accidents or unsafe conditions, it can add important context to your case.
Our Greenburgh pedestrian accident attorneys can collect and preserve all relevant evidence. Using a combination of the above, we build a compelling case file. In negotiations, showing the insurance company a clear picture of their driver’s fault (perhaps even literal video) often pushes them toward a fair settlement. If not, we’re ready to present that evidence in court to a jury. Good evidence doesn’t just prove what happened; it can also evoke empathy (like injury photos) and strengthen credibility (like an expert analysis). We leverage all of it to advocate for you.
How do I prove the driver was at fault under NY law?
Proving fault in a pedestrian accident involves demonstrating that the driver was negligent and that this negligence caused the accident and your injuries. In New York, the principles of negligence and traffic law combine to establish fault.
To prove driver negligence in a pedestrian accident, we begin by identifying violations of New York Vehicle & Traffic Laws (VTL), such as failing to yield in crosswalks (VTL 1151), running a red light (VTL 1111), or not exercising due care around pedestrians (VTL 1146). These violations serve as strong evidence of negligence per se.
We also rely on the driver’s general duty to operate safely and pay attention, showing breach through distraction, speeding, or failure to keep a proper lookout. We then link that breach to the crash using evidence like vehicle speed, braking distance, and expert input. If the driver or insurer blames you, we gather facts proving you acted reasonably and emphasize the driver’s greater fault.
Once we gather all the evidence, we present a cohesive narrative: “The driver was negligent in XYZ ways, which directly led to the accident that injured our client.” We back each assertion with concrete evidence.
What challenges do pedestrians face with insurance claims?
Pedestrian accident cases involve dealing with insurance companies, and there are a few unique wrinkles compared to a typical two-car accident. Insurance companies may delay or deny fault, claim you weren’t in the crosswalk, or offer minimal settlements, especially if coverage is limited. Giampa Law fights back using witness statements, physical evidence, and expert analysis. If your health insurance steps in, they may assert liens on your settlement, but we work to reduce these.
Additionally, while you deal with recovery, you might get calls from adjusters. Once you have an attorney, you can direct all those communications to us. That not only relieves stress but prevents you from inadvertently saying something that could harm your claim. For example, an adjuster might casually ask “How are you feeling?” and if you say “better,” they could later argue you weren’t seriously hurt. Our Greenburgh pedestrian accident lawyers can shield you from those traps.
How long do I have to file a pedestrian accident lawsuit in NY?
In most New York pedestrian injury cases, you have three years from the date of the accident to file a personal injury lawsuit. If the accident resulted in a death, a wrongful death claim must be filed within two years by the estate’s appointed representative. However, cases involving government entities have much shorter deadlines.
If you were hit by a city or county vehicle or the accident involved a defective crosswalk or signal, you must file a Notice of Claim within 90 days and start your lawsuit within one year and 90 days. For state-related claims (like those involving the MTA or state troopers), a notice or claim must be filed within 90 days, and you generally have two years to sue.
Missing these deadlines can completely bar your case. That’s why we act fast, especially when a municipality is involved. Even in standard cases, waiting too long can hurt your claim. Evidence disappears, and insurance companies work to delay, reduce, or deny your claim from day one. Once your medical treatment stabilizes, we push for a fair settlement. If the insurance company stalls or liability is disputed, Giampa won’t hesitate to file suit early to gain leverage and protect your rights.
What damages can I recover after a pedestrian injury?
- If you’ve been injured as a pedestrian, here are the main categories of compensation you can recover:
- Medical expenses: Covers all related treatment, such as ER visits, surgeries, rehab, medications, equipment, and future care needs.
- Lost income: Includes missed wages, lost benefits, and reduced earning capacity if you can’t return to your previous job or work at all.
- Pain and suffering: Compensates for physical pain and emotional hardship tied to the injury and recovery process.
- Emotional distress: Accounts for trauma like PTSD, anxiety, or depression from your pedestrian accident’s impact on your mental health.
- Loss of enjoyment of life: If you can’t enjoy activities you once loved, such as sports, hobbies, or time with family, you can recover for that loss.
- Permanent injury or scarring: Includes compensation for disfigurement or lifelong limitations caused by your injuries.
- Disability: Reflects loss of function or independence, such as difficulty with daily tasks or mobility.
- Loss of consortium: Your spouse may recover damages for how your injuries affected your relationship.
- Out-of-pocket costs: Includes medical travel, help with chores, home modifications, and damaged personal items.
- Wrongful death: Covers funeral costs and financial support lost to surviving family members.
It’s our job to account for all these categories applicable to your case and to quantify them. In settlement negotiations, the insurance will often add up special damages (medical and lost income) and then use a multiplier for pain and suffering based on injury severity, but Giampa Law pushes beyond any simplistic formula by emphasizing unique factors of your case, especially if you have permanent or life-altering injuries.
Our Greenburgh pedestrian accident lawyers are ready to stand up for your rights
Pedestrian accidents can shatter lives in an instant. As you focus on rebuilding and recovering, let Giampa Law focus on fighting for the justice and compensation you deserve. Our Greenburgh pedestrian accident attorneys have a proven track record of helping injured pedestrians in Greenburgh and throughout Westchester County. We know how to investigate these cases, counter the insurance companies’ tactics, and fight aggressively for every dollar you are owed.
If you or a loved one were hit by a car in Greenburgh, contact us today for a free, no-obligation consultation. We’ll listen to your story, answer your questions, and explain how we can help. There’s no upfront cost since we work on a contingency fee. Our firm has the resources to take on tough cases and the heart to treat clients with compassion and respect. We’ll keep you informed at every step and give your case the personal attention it deserves. With offices in Valhalla and the Bronx, we’re local and ready to assist, and if you can’t come to us, we can come to you.