6 Pieces of Advice You Should Follow If You Have An Accident As A Pedestrian

Accidents involving pedestrians in Brooklyn, New York, can have devastating consequences.

According to the latest figures from the National Highway Traffic Safety Administration, pedestrian fatalities increased by three percent nationwide between 2020 and 2021, with the state of New York reporting the highest number of pedestrian fatalities in 2020.

These statistics are particularly concerning for people living in Brooklyn because it is one of the most densely populated boroughs in the city; meaning there is a higher chance of an accident occurring as a result of heavy foot and vehicle traffic.

Despite these risks, however, there are six pieces of advice that you should follow if you ever find yourself involved in an accident as a pedestrian.

pedestrian shouting at driver who is looking at phone and about to hit her

Assess your physical condition

It is important to look out for any potential signs of injury or trauma and seek medical attention if necessary.

Even if you don’t feel like anything is wrong, it is still important to get checked out by a doctor as some injuries can take time to present themselves. You may also need to go through a series of tests to make sure that there is no severe trauma or damage.

Furthermore, this medical report could be a valuable piece of evidence if you need to claim compensation. In it, the doctor can record your physical condition at that moment in time and provide details of any injuries you have sustained.

Are you going to need a lawyer?

If you think that the accident was caused by someone else’s negligence, then it might be worth considering seeking legal representation. An experienced pedestrian accident attorney in Brooklyn, New York can help you to determine who is at fault and what steps you should take next in pursuing a claim. They will also be able to advise on any potential defenses that may be available to you.

For instance, a common defense used by the other party is to argue that you were somehow partly to blame for your injuries. However, a lawyer will be able to assess the evidence and advise on what actions you should take.

Gather as much evidence as possible

If you have sustained any injuries in the accident, it is important to collect as much evidence as possible to support your case.

This includes taking photographs of the scene, recording the contact details of any witnesses, and obtaining a copy of any medical reports.

You should also make sure that you keep all receipts for any medical treatment you have received, or other expenses incurred as a result of the accident. This will help your attorney to value the claim and ensure that you receive a fair amount of compensation.

On the other hand, if the accident was minor, and you have not sustained any serious injuries, then it is still important to collect evidence to prove your case.

This includes things like taking photographs of the scene, obtaining contact details from any witnesses, and making sure that you report the incident to the police as soon as possible.

Understand insurance policies

Another important step you should take is to familiarize yourself with the insurance policies of both parties, including what coverage each party has and how it might affect your claim.

For instance, if the other party does not have insurance or has inadequate coverage, then this could limit the amount of compensation that you can recover.

However, if they do have insurance, be aware of any limitations or exclusions that may be included in the policy.

Be aware of the statute of limitations

When filing a claim for compensation, understanding the applicable law and how it might affect your case is vital.

In New York, there is a three-year statute of limitations for pedestrian accident claims, meaning that you must bring your claim within this time frame, or it will be dismissed.

It is important to be aware of this, as well as other potential legal issues such as contributory negligence and comparative fault.

Additionally, if you are filing a claim against the City of New York, then there is an even shorter timeframe for doing so.

Keep communication open

Finally, it is important to keep communication open between all parties involved. This includes responding promptly to any requests from your attorney and the other party’s insurer as this can help to speed up the claims process.

In addition, the other party’s insurer may try to contact you directly and attempt to settle your claim quickly and for a lower amount than what is deserved, but you must speak with your attorney before agreeing to any settlement offer.

Therefore, gather as much evidence as possible and make sure that you understand both parties’ insurance policies so that you can be fully aware of any potential limitations or exclusions which may affect your case.

Additionally, keep communication open between all parties and remember that there is a three-year statute of limitations for claims in New York State – if this time frame passes, then your claim will likely be dismissed.

If you are looking for legal advice on how best to proceed with your case, then you should contact an experienced pedestrian accident attorney.