Westchester County, NY Pedestrian Accident Lawyer
Injured while walking? Giampa Law is here to fight for you.
You were just crossing the street. Maybe heading home from work. Maybe walking your child to school. Then, in a matter of seconds, everything changed. The screech of tires. A sudden impact. Pain, confusion, fear.
Pedestrian accidents don’t just leave bruises. They leave lives shattered physically, emotionally, and financially. One careless moment from a distracted driver can mean months in recovery, time away from work, or even a permanent disability. Too often, victims are left trying to figure out the legal system alone, while the insurance companies move quickly to protect their own.
That’s where a Westchester County pedestrian accident lawyer at Giampa Law steps in. We’re not some distant firm unfamiliar with your neighborhood. We know Westchester County. We know the intersections, the blind curves, and the crosswalks where drivers too often speed through. From White Plains to Yonkers to Mount Vernon, we’ve fought for people just like you who were hurt by no fault of their own.
If you or a loved one was injured in a pedestrian accident, don’t let the system push you around. Let us help you stand up and fight back. Contact us for a free consultation.
“From the beginning to the end, I was kept informed and always felt calm, cool, and collected throughout a very difficult time in my life. I couldn’t have asked for more in terms of knowledge, support, guidance. Wouldn’t have anyone else represent me other than Zachary Giampa, Esq.” – J.H., ⭐⭐⭐⭐⭐
FAQs About Westchester County Pedestrian Accidents
- What should I do after being hit by a car?
- Who is liable in a pedestrian accident?
- What are my rights as a pedestrian?
- What injuries are common in pedestrian accidents?
- How much compensation can I receive after a pedestrian accident?
- What if the driver doesn’t have insurance?
- How long do I have to file a pedestrian accident claim?
- Do I need a Westchester County lawyer for my pedestrian accident case?
What should I do after being hit by a car?
The moments right after a crash are chaotic. You’re in pain and confused. But if you’re able, or if someone near you can assist, taking the right steps now can protect your health and your legal rights. Here’s what you should do:
Call 911 immediately.
Even if you think you’re okay, you’re probably not. Pedestrian crash victims often suffer internal injuries like organ damage or brain trauma that don’t show symptoms right away. Always get checked out. EMTs can begin treatment on the scene and transport you to the hospital if needed.
Get information carefully.
If you’re conscious, try to gather the driver’s name, license plate number, and insurance details. Ask any witnesses for their contact information as well. Their account could make or break your case.
Photograph everything.
The scene will be cleaned up quickly, sometimes within minutes. Use your phone (or ask a friend or bystander) to take pictures of the vehicle, the intersection or crosswalk, your visible injuries, traffic signs or signals, skid marks, and weather or lighting conditions.
Get the police report.
Officers are required to file a report after a pedestrian accident. This document contains the driver’s statement, any citations issued, and sometimes even a preliminary opinion on fault. Get a copy as soon as it’s available. An attorney at Giampa Law can get a copy for you, too.
See a doctor the same day.
This is so important. If you delay care, the insurance company will say your injuries weren’t serious or weren’t caused by the crash. Even if you go to the ER and feel fine the next day, follow up with your primary care provider or a specialist.
Keep a pain and suffering journal.
Write down how you feel each day. Are you sleeping poorly? Missing work? In too much pain to walk the dog or lift your kids? These notes can show how deeply your pedestrian accident affected your daily life. Plus, it can help us tell your story to a jury if needed.
Don’t let insurance companies take advantage of you.
Whatever you do, don’t talk to the insurance company without a lawyer. A friendly adjuster calling to “check in” might seem harmless, but they’re looking for any reason to reduce your compensation. One wrong word, and they might use it against you. Let an experienced Westchester County pedestrian accident attorney speak for you.
Who is liable in a pedestrian accident?
In most cases, the driver is the at-fault party in a pedestrian accident. Liability means legal responsibility. To win a pedestrian accident case, we have to prove that someone (or multiple parties) acted negligently and that their actions led directly to your injuries.
Maybe the driver was texting. Maybe they didn’t yield at a crosswalk. Maybe they were speeding or distracted. Whatever the cause, if they broke traffic laws or weren’t paying attention, they’re responsible for what happened.
But drivers aren’t the only ones who can be held liable. There are other scenarios we look for, including:
- The city or municipality: If a crosswalk was faded, a streetlight was out, or a traffic signal was malfunctioning, we may be able to hold the city accountable for creating a hazardous environment.
- A business owner: If the accident occurred in a shopping plaza, parking lot, or other private property where poor design or maintenance contributed to the crash (like obstructed views or lack of signage), they could share responsibility.
- A car manufacturer or mechanic: In rare cases, a defect like brake failure or a stuck accelerator could be to blame. We investigate whether a mechanical error caused or worsened the crash.
Giampa Law leaves no stone unturned. We dig deep for traffic cam footage. We subpoena 911 recordings and driver phone records. We consult with accident reconstructionists to recreate what really happened. Because the truth matters, and it often takes real effort to uncover it.
What are my rights as a pedestrian?
New York law offers strong protections for people on foot. But most pedestrians don’t know their rights, and insurance companies count on that.
For starters, you have the right-of-way in crosswalks. Whether or not there’s a signal, drivers are legally required to yield to pedestrians lawfully crossing the street. Drivers must also remain alert and drive safely, especially in school zones, residential neighborhoods, and areas with heavy foot traffic.
If a driver violated these rules, the Westchester County pedestrian accident attorneys at Giampa Law can fight to hold them accountable.
What injuries are common in pedestrian accidents?
Pedestrians have no seatbelt, airbags, or steel frames protecting them. When a car hits someone on foot, the body absorbs the full force of the impact. That’s why even low-speed crashes can cause serious or life-altering harm.
Here are some of the most common injuries we see:
Orthopedic injuries
These include broken bones in the legs, arms, ribs, hips, and pelvis. Many victims suffer multiple fractures, often requiring surgery and long-term rehabilitation. Crutches, casts, or even wheelchairs can become a part of daily life for weeks or months.
Head and brain injuries
A sudden strike to the head can lead to a concussion, skull fracture, or traumatic brain injury (TBI). Even a “mild” concussion can cause memory loss, headaches, brain fog, and mood swings. More serious brain injuries can impact speech, cognition, or even result in permanent disability.
Spinal cord damage
Injuries to the back or spine can range from herniated discs and nerve impingement to partial or complete paralysis. These are especially devastating, and they often require ongoing care, adaptive equipment, and can permanently affect mobility and independence.
Soft tissue trauma and internal injuries
You might not see them right away, but torn ligaments, bruised organs, or internal bleeding can be life-threatening. It’s why going to the ER, even if you “feel fine,” is so important after being hit.
Emotional and psychological injuries
These are too often overlooked, but they matter. Pedestrian accident victims often develop PTSD, anxiety, depression, or a deep fear of being near traffic. You might struggle to sleep, relive the crash in your mind, or avoid going outside. These are real injuries, and we take them seriously.
How much compensation can I receive after a pedestrian accident?
There’s no “one-size-fits-all” number when determining how much money you’re owed in a pedestrian accident case. But here’s what goes into determining what your case may be worth:
- The severity of your injuries: Broken bones heal. Brain injuries and spinal damage may not. The more serious and long-lasting the harm, the higher the potential compensation. Permanent disability, scarring, or chronic pain all increase the value of your claim.
- Medical expenses and future care: We’ll calculate not just what you’ve already spent, but what you’ll likely need in the future. That might include additional surgeries, long-term treatment, assistive devices, or even in-home care.
- Lost wages and career impact: If you missed work, couldn’t return to the same job, or had to change careers entirely because of the pedestrian accident, you deserve compensation for both past and future earnings.
- Pain and suffering: This is a major category, and one that insurance companies often try to reduce. We’ll document the emotional, physical, and mental toll the crash has taken on your life. That includes things like loss of enjoyment of life, sleep disruption, anxiety, or loss of independence.
At Giampa Law, we fight to make sure you get the full picture of what you’re owed, not just what the insurance company offers. We’ll accurately value your claim and fight for the full amount until you reach maximum medical improvement.
What if the driver doesn’t have insurance?
Unfortunately, it happens more than you might think, and it can make a terrible situation feel even worse. But here’s the good news: you still have options.
If you own a vehicle and carry auto insurance, your own policy may cover your pedestrian accident, even though you weren’t driving. This is part of what’s called uninsured/underinsured motorist (UM/UIM) coverage. It kicks in when the driver has no insurance or not enough to cover your damages.
Let’s say you were hit by a driver who fled the scene. You have a car back home in Yonkers with full UM coverage. You could file a claim with your own insurance. Your rates shouldn’t go up because you weren’t at fault.
Additionally, you may be eligible for compensation from the Motor Vehicle Accident Indemnification Corporation. This is a state-run safety net. If you don’t own a car or have insurance, and the at-fault driver was uninsured or can’t be identified after a hit-and-run, MVAIC may provide coverage for your medical costs and basic economic losses.
That’s why we take this burden off your plate. Our Westchester County pedestrian accident lawyers have helped clients file MVAIC claims and collect compensation when it felt like there was no hope left.
How long do I have to file a pedestrian accident claim?
One of the most dangerous mistakes you can make after a pedestrian accident is waiting too long to take legal action. In New York, the clock starts ticking the moment your pedestrian accident happens, and missing even one deadline could cost you your case, no matter how badly you were hurt or how clear the fault may be.
Here’s what you need to know about the statute of limitations:
- Personal injury claims: You typically have 3 years from the date of the accident to file a lawsuit against the at-fault party.
- Claims involving a city, town, or other government entity: If your pedestrian accident involved a poorly maintained sidewalk, broken streetlight, or malfunctioning traffic signal, you have far less time. You must file a Notice of Claim within 90 days of the accident, and you have 1 year and 90 days to file the actual lawsuit.
Do I need a Westchester County lawyer for my pedestrian accident case?
Technically, you can try to handle your pedestrian accident claim alone, but it’s not a good idea. Pedestrian accident cases are some of the most aggressively defended by insurance companies, especially when injuries are serious and the cost of compensation is high. These companies have entire legal teams trained to reduce what they pay out.
They may:
- Try to blame you for the accident
- Claim your injuries aren’t related to the crash
- Say you “seemed fine” at the scene
- Offer a lowball settlement and pressure you to sign quickly
- Drag out the process until you’re exhausted and ready to accept less
They’ll do all of this while pretending to be sympathetic. That’s where we come in. Giampa Law levels the playing field. We don’t just help you file a claim; we build a strong, evidence-based case that’s prepared for trial, whether it settles or not.
Plus, there’s no financial risk to you when you hire us. We work on a contingency fee basis and only get paid if you’re fully compensated. If you don’t get paid, then neither do we. This way, you get quality legal representation without any upfront or hidden costs.
Get help from a skilled attorney who knows Westchester County, NY
Giampa Law doesn’t just handle pedestrian accident cases in Westchester County, we live here. We know the roads, the dangerous intersections, the courthouse staff, and the defense lawyers on the other side. That local insight gives your case a powerful advantage.
We’ve handled dozens of cases like yours and know how to maximize your outcome. From your first call to your final settlement, we handle all the paperwork, phone calls, insurance hassles, and legal strategy. You focus on your health. We’ll focus on the fight. To find out how we can help, contact us online or call our law office to schedule a free consultation with no pressure or further obligations. You’ve been through enough. Let us handle the rest.