Table of Contents
- Immediate Steps To Take After Being Hit by a Car in New York
- Common Injuries After Being Hit by a Car in New York
- When You Can Sue After Being Hit by a Car in New York
- Damages You Can Pursue in a Lawsuit Against the Driver That Hit You
- Can You Get Compensation if You Were Partly at Fault?
- How Lever & Ecker Helped a Woman Struck While Walking To Work
- How Lever & Ecker Supports Pedestrian Accident Victims
Immediate Steps To Take After Being Hit by a Car in New York
Below is an overview of key steps to take after being hit by a car in New York:
Call 911 and Request Medical Help
Seeking immediate medical care is crucial for treating injuries and preventing conditions from worsening. This step also creates a legal record connecting your injuries to the accident when seeking compensation.
Document the Scene
Although it may not be possible to do this right after an accident, it is important to return to the scene later to take photographs and videos of the location where it occurred. This documentation can help capture potential contributing factors, such as visibility and poor road conditions. Additionally, gather any photos and videos witnesses may have taken during the accident.
Collect the Driver’s Information
If you can, get the name and contact information of the driver who hit you. However, if you cannot, this information may be available in the police report.
Get a Police Report
Report availability varies by agency and submission method; in many jurisdictions, reports are accessible within several days to two weeks.
Common Injuries After Being Hit by a Car in New York
Pedestrians do not have the protection that vehicles provide their passengers, making them more susceptible to the impacts of a car accident. When a pedestrian is hit by a car, they may suffer severe and potentially life-threatening injuries—even death. Common car accident injuries for pedestrians include:
- Broken bones: Legs, arms, ribs, pelvis, collarbone
- Traumatic brain injuries: Concussions, severe brain trauma
- Spinal cord injuries: Paralysis, loss of sensation, or function
- Internal organ damage: Lungs, liver, kidneys, internal bleeding
- Soft tissue injuries: Muscle tears, sprains, bruising, ligament damage
- Facial and dental injuries: Broken jaw, lost teeth, eye trauma, severe cuts
- Amputations: Loss of limbs due to crushing or severing injuries
- Severe burns or scarring: Disfigurement, requiring reconstructive surgery
- Emotional and psychological trauma: PTSD, anxiety, depression, emotional distress
Injured in a Car Accident? Contact Our Team Today
When You Can Sue After Being Hit by a Car in New York
New York is a no-fault insurance state, which means that all car insurance policies are required to cover basic economic losses for individuals injured in a car accident, regardless of who caused the accident. However, if you sustain a serious injury due to another driver’s actions and meet New York’s serious injury threshold, you may file a personal injury lawsuit against the at-fault party for additional damages.
To successfully sue the at-fault party, you must have experienced a “serious injury.” If you do not meet this requirement, a court will likely dismiss your case, regardless of the extent of your damages. A personal injury lawsuit is the only way to recover non-economic damages following an accident.
Under New York Insurance § 5102(d), “serious injury” means a personal injury which results in any of the following:
- Death
- Dismemberment
- Significant disfigurement
- Loss of a fetus
- A fractured bone
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of a body organ or member
- Significant restriction of the use of a body function or system
- Medically determined injury or impairment that prevents the injured person from performing their usual and customary daily activities for at least 90 of the 180 days immediately following the accident
High-quality legal representation is essential for successfully navigating New York’s serious injury threshold. A personal injury attorney can collect the necessary information to support your claim, using various legal strategies to illustrate how your injuries affect your quality of life both now and in the future.
Damages You Can Pursue in a Lawsuit Against the Driver That Hit You
No-fault insurance provides reimbursement of certain economic losses, such as medical bills and a portion of lost income, with a minimum of $50,000 per injured person, depending on the coverage you procured. It does not compensate victims for non-economic losses, such as pain and suffering.
Through a pedestrian accident lawsuit, you may pursue additional types of damages, including:
- Pain and suffering (past and future), including any surgeries and lasting limitations
- Emotional distress
- Past and future medical expenses
- Lost wages and financial contributions
- In fatal cases, funeral expenses
- Loss of consortium
Can You Get Compensation if You Were Partly at Fault?
Yes. New York’s pure comparative negligence law allows you to receive compensation for damages even if you are partially or more at fault than the other party. However, your share of the fault will be expressed as a percentage, which will then be deducted from your damages, resulting in reduced compensation.
For example, if you are injured in a car accident for which you were 40% at fault, and your damages are $100,000, your compensation will be reduced by 40%, or $40,000. You will be able to recover $60,000.
How Lever & Ecker Helped a Woman Struck While Walking To Work
I was with my coworker, and we were just walking on the sidewalk when the light turned green. As I stepped down, I got hit by a car, and my foot got caught. My coworker grabbed me and pulled me back up, but I couldn’t stand. He had to bang on the car because it was still moving. The pain shot from my feet to my head, and everything was spinning. It was horrific and excruciating. I had three surgeries on my ankle and surgery on my back. My fiancé suggested we call Lever & Ecker. They relieved my mind, assuring me they had my back and would take things one step at a time. Since then, I have a new outlook on lawyers. David and his team checked on me regularly, not just about the case, but to see how I was doing mentally and if I needed anything. That says a lot. I would definitely recommend Lever & Ecker without a doubt.
How Lever & Ecker Supports Pedestrian Accident Victims
While New York’s no-fault insurance system applies, victims with serious injuries often have the right to sue. The New York personal injury lawyers at Lever & Ecker have a proven track record in pedestrian accident cases and have the skills and knowledge to handle your case.
We take a hands-on approach to every client’s matter, guiding them through each step of the process. Here is what Lever & Ecker can do for you:
- Gather evidence
- Meet deadlines
- Determine your case’s value
- Identify all liable parties
- Communicate with all parties for you, including insurance companies
- Negotiate a settlement or take your case to trial, if necessary
- Provide compassionate client support throughout the process
Contact us online or call one of our three office locations today for a free case evaluation:
White Plains: (914) 288-9191
Bronx: (718) 933-3632
Queens: (347) 391-6337
