Yonkers Pedestrian Accident Lawyer Fighting for Injured Pedestrians
Standing up for pedestrians hit by cars in Yonkers, NY
It happens all the time in Yonkers. You’re just walking down a street, and suddenly, you’re struck by a car. In a split second, an everyday walk turns into a nightmare of screeching brakes, pain, and confusion. Pedestrian accidents are terrifying and often catastrophic, because a person on foot has no protection against a vehicle. One driver’s moment of negligence can leave you with serious injuries, mounting medical bills, and a long road to recovery.
If you or a loved one was hit by a car, the Yonkers pedestrian accident attorneys at Giampa Law are here to fight for you. We know the local crosswalks, the dangerous intersections, and the tactics insurance companies use to deny pedestrian injury claims. Our legal team has decades of experience standing up for injured pedestrians throughout Westchester County. We can investigate your accident, hold the negligent driver accountable, and demand the compensation you deserve. Contact us for a free consultation to discuss your rights and options after a pedestrian accident.
FAQs About Yonkers Pedestrian Accidents
- What should I do after being hit by a car in Yonkers?
- Who is liable in a pedestrian accident?
- What are my rights as a pedestrian in New York?
- What injuries are common in pedestrian accidents?
- How much compensation can I receive for a pedestrian accident?
- What if the driver doesn’t have insurance or fled the scene?
- How long do I have to file a pedestrian accident claim in New York?
- Why do I need a Yonkers pedestrian accident lawyer?
What should I do after being hit by a car in Yonkers?
The moments following a pedestrian accident can be chaotic and frightening. If you are struck by a vehicle, try to remain calm and take these steps to protect your health and legal rights:
Call 911 immediately
Reporting the pedestrian accident is important. When police and EMS arrive, they will secure the scene and make sure you get medical attention. Even if you feel “okay,” get medical help at the scene, if possible. Adrenaline can mask serious injuries such as internal bleeding or head trauma. Let paramedics examine you, and go to the hospital if recommended.
Wait for authorities and stay safe
Don’t leave the scene until police say you can (unless you’re taken for emergency care). If you’re in the roadway and can move, get to a safe area to avoid further harm, but don’t stray far. When police arrive, provide a clear account of what happened to the best of your ability. They will create an accident report which will be important later.
Gather information if possible
If your injuries aren’t incapacitating, try to get the driver’s name, contact information, license plate number, and insurance details. Also, ask witnesses for their names and phone numbers. If you’re unable, ask someone at the scene to help. Witness statements can be key evidence when proving fault.
Take photos and document the scene
Use your phone to photograph the vehicle that hit you (including any damage to it), the intersection or crosswalk, traffic lights or stop signs, skid marks, and your injuries. If there were any factors such as poor lighting or obscured signs, document those too. Conditions can change quickly, so capturing the scene early is invaluable.
Get a copy of the police report
The responding officers will prepare a pedestrian accident report. This report often contains the driver’s version of events, witness names, and any citations issued (like if the driver was ticketed for failing to yield). Obtain the report number before leaving the scene if you can, and request a copy as soon as it’s available. We can also obtain it for you later, but knowing its contents helps shape your next steps.
Follow medical advice and document injuries
Accept on-scene treatment and follow up with a full medical evaluation as soon as possible (ideally the same day). Adhering to medical advice is important for your health and for any claim. Gaps in treatment can be used by insurance companies to downplay your injuries. Keep records of all diagnoses, treatments, and doctor’s notes.
Don’t speak with insurance adjusters yet
You may receive calls from the driver’s insurance company quickly. It’s usually best not to give a statement or sign anything from an insurance company until you have legal counsel. Adjusters might ask seemingly friendly questions like “How are you feeling?” But if you say, “I’m doing okay,” they could later argue you weren’t badly hurt. Refer any insurance inquiries to your attorney.
Speak to a Yonkers pedestrian accident lawyer
An experienced Yonkers pedestrian accident attorney at Giampa Law can guide you through what comes next. We handle communications with insurance, investigate the crash in detail, and start building your case right away. Having a lawyer early means evidence is preserved and your rights are protected while you focus on healing.
Who is liable in a pedestrian accident?
In many pedestrian accidents, the driver of the vehicle is at fault. Drivers have a legal duty to exercise care and watch for people walking, especially at crosswalks and intersections. If a driver was negligent, they can be held liable for the injuries they cause.
Common driver faults in pedestrian crashes include failing to yield at a crosswalk, turning into a crosswalk without looking, or driving under the influence. If we can show the driver violated a traffic law or was otherwise careless, that goes a long way to proving their liability.
However, sometimes other parties may share blame, including:
- The municipality or property owner: If dangerous road or sidewalk conditions contributed to the accident, the entity responsible for maintenance could be liable.
- Employers: If the driver was on the job (for example, a delivery driver or utility worker), their employer might be vicariously liable for the accident.
- Construction or utility companies: Sometimes pedestrian accidents happen due to construction zones, missing barriers, or debris in the road.
- Vehicle manufacturers/mechanics: In rare cases, a car’s brake failure, steering issue, or other defect might cause a driver to lose control and hit a pedestrian.
Giampa Law leaves no stone unturned in determining liability. We know that sometimes drivers or other parties won’t tell the truth. But physical evidence and expert analysis can reveal it.
What are my rights as a pedestrian in New York?
New York law gives pedestrians strong protections, recognizing that people on foot are extremely vulnerable compared to vehicles. Pedestrians generally have the right of way at intersections and crosswalks. Even at unmarked crosswalks (extensions of sidewalks at intersections), if there’s no traffic light, vehicles are required to yield to pedestrians lawfully crossing the road.
In school zones, residential neighborhoods, and places with heavy foot traffic, drivers are expected to be extra cautious. Speeding or distracted driving in these areas is inexcusable under the law because of the high risk to walkers.
Practically speaking, your rights as a pedestrian mean that if a driver violated traffic laws (like running a red light or not yielding), the law is on your side to hold them accountable. They can be cited criminally, and in a civil injury claim, that violation is strong evidence of negligence.
Sadly, insurance companies often act like pedestrians are automatically to blame. They might ask questions such as “Were you in the crosswalk?” However, it doesn’t matter where you were; the driver had a duty not to run you over. Our Yonkers pedestrian accident lawyers know the law and we won’t let an insurance company misstate your rights.
What injuries are common in pedestrian accidents?
Pedestrians are completely exposed during a collision, so injuries in these accidents tend to be serious. Unlike a car occupant, you have no seatbelt, no airbag, and no metal frame protecting you. When a moving vehicle hits a person, the impact is directly on the body, which often leads to severe trauma. Common pedestrian accident injuries include:
- Broken bones and orthopedic injuries
- Head injuries and traumatic brain injuries
- Spinal cord and back injuries
- Internal injuries
- Severe cuts, lacerations, and road rash
- Knee and leg injuries
In our experience, insurance companies tend to underestimate the impact of these injuries, especially the pain and emotional suffering. They might pay the medical bills but argue that your lingering anxiety isn’t worth much. We strongly disagree. Every injury is real and compensable.
Giampa Law works closely with your doctors and even outside specialists if needed to understand the full scope of your injuries. We document everything. If you need a cane to walk now, if you missed months of work, if you can’t play with your children due to a broken leg, if you’re scared to leave your house, all of that goes into our demand for compensation.
How much compensation can I receive for a pedestrian accident?
Determining how much money you’re owed in a settlement takes time. It depends on the severity of your injuries, the clarity of the driver’s fault, and the extent of your financial losses. Here are the major factors that determine the value of a pedestrian accident claim:
Because every case is unique, it’s best to consult with Giampa Law to get an accurate estimate of your claim’s value. Be cautious of anyone (especially an insurance adjuster) who tells you what your case is “worth” very early on. Often, injuries evolve over time and what seems minor can turn out major after further tests. We typically wait until you reach maximum medical improvement (when your doctors have a clear sense of your recovery or lasting disability) before resolving your claim, to ensure we know the full extent of your damages.
What if the driver doesn’t have insurance or fled the scene?
You’ve been injured by a car, and then you find out the driver is uninsured or they sped off (hit-and-run). While this complicates matters, it doesn’t mean you’re out of options. If you own a car or reside with a family member who has car insurance, you likely have uninsured motorist coverage as part of that policy.
UM coverage protects you in pedestrian accidents where the at-fault driver has no insurance or in hit-and-run cases. Your insurance pays for the damages you suffered. Your rates shouldn’t increase for using this coverage because the pedestrian accident wasn’t your fault.
If you don’t have a car or auto insurance in your household, New York has a state fund (MVAIC) to help victims of hit-and-run or uninsured driver crashes. MVAIC can provide coverage for medical bills and some compensation for injuries, but you need to report the pedestrian accident to the police within 24 hours and file a notice of claim with MVAIC typically within 90 days.
You’re also entitled to no-fault benefits from that vehicle’s policy for your medical bills. But in a hit-and-run, we might not know the vehicle. In uninsured cases, there is no policy. This is where your own health insurance or MVAIC can step in to cover medical expenses. We make sure your medical providers bill the correct source so that you’re not stuck with the bills.
How long do I have to file a pedestrian accident claim in New York?
In New York, you generally have three years from the date of the accident to file a personal injury lawsuit for a pedestrian accident. If you try to file after that time has passed, the court will likely dismiss your case, no matter how strong it might have been. This three-year clock starts on the day you were hit.
If your claim is against the City of Yonkers or another government entity (for example, if a city bus hit you, or you’re alleging the city’s negligence in maintaining a sidewalk or traffic signal contributed to your accident), you must file a Notice of Claim within 90 days of the incident. Then, the deadline to file a lawsuit against the government is often 1 year and 90 days from the accident.
If a pedestrian accident tragically leads to someone’s death, a wrongful death claim in New York must be filed by the estate within 2 years of the date of death. Additionally, for an MVAIC for an uninsured or hit-and-run claim, you must file a Notice of Intention to Make a Claim (NOIMC) with MVAIC usually within 90 days of the accident (if police were notified within 24 hours).
What all these timelines mean is that while you do have some time to pursue a claim, it’s extremely dangerous to wait too long. Ideally, you should involve a lawyer as soon as possible. Not only to avoid missing deadlines, but also because immediate action helps your case (for example, gathering evidence while fresh). We understand that after a pedestrian accident you have a lot on your plate. But Giampa Law is here to promptly take on the legal burden.
Why do I need a Yonkers pedestrian accident lawyer?
Pedestrian accident cases can be particularly complicated and hard-fought. Because the injuries are often serious, insurance companies fight them aggressively to avoid paying large sums. The last thing you need is the stress of dealing with insurance calls, confusing paperwork, or legal strategy. Giampa Law takes all of that off your plate. We’ll handle filings, phone calls, and negotiations, while you concentrate on getting better.
We act quickly to investigate the circumstances of your accident. This might mean gathering traffic camera footage, getting copies of 911 calls, or sending an investigator to find additional witnesses. We may also inspect the timing of the walk signals or sight obstructions. Early investigation can uncover key evidence (for example, security camera video from a nearby store) before it’s overwritten or lost.
Additionally, we ensure that all aspects of your damages are documented and accounted for in our settlement demands. We work with medical experts to understand your prognosis and need for future care. We might bring in a life care planner for catastrophic injuries to map out lifelong expenses.
Insurance companies know which law firms are willing to go to trial and which aren’t. We have a reputation for not hesitating to litigate when it’s in our client’s best interest. If we can get a fair settlement without a lawsuit, great. But if the insurance company lowballs, we’ll file the lawsuit and prepare for trial.
Contact our Yonkers pedestrian accident lawyers for a free consultation
A pedestrian accident can turn your world upside down, but you don’t have to go through it alone. Giampa Law is here to help injured pedestrians in Yonkers and throughout Westchester County get the justice and compensation they need to rebuild their lives. We take pride in being fierce advocates for our community members who have been harmed by negligent drivers.
Your consultation with us is free, and there’s no further obligation. We’ll listen to what happened, answer your questions, and explain how we can assist. If you choose to hire us, you pay no upfront fees; we work on contingency, which means we only get paid if we win your case. There’s zero financial risk to having our legal team in your corner.
We’re available 24/7 and can come to you if you can’t come to us. Contact us online or call our office today to schedule your free case evaluation. Let our Yonkers pedestrian accident attorneys fight for your rights while you focus on healing.