What to do After Getting Injured as a Pedestrian by a New York Driver

According to the latest data from the Institute for Traffic Safety and Research, there has been an increase in both personal injuries and serious personal injuries resulting from cars striking pedestrians on the streets and sidewalks of the Mid-Hudson Valley. Before we get into the data, we’re going to share some of the possible ways a pedestrian or their loved ones can recover damages for the many expenses and losses they may suffer in such a tragic accident.

If you or a loved one has been injured in a pedestrian-vehicle accident, seeking compensation for injuries and losses is crucial. As a Hudson Valley-based personal injury law firm with offices in Kingston, NY, New Windsor, NY and Poughkeepsie, NY, we can assist you in exploring your options for receiving maximum compensation. Schedule a free consultation with our legal team to get started.

Potential Compensation Sources for New York Pedestrians:

1. No-Fault Insurance (Personal Injury Protection): This insurance, provided by the vehicle’s insurer, covers your medical expenses and lost income up to $50,000, regardless of fault.
2. Additional Personal Injury Protection Insurance: If you have this optional coverage, it can provide an extra $50,000 in addition to the standard no-fault coverage.
3. Bodily Injury (Liability) Insurance: This part of the at-fault driver’s insurance compensates for pain and suffering, medical expenses, and lost income not covered by no-fault insurance. In New York, the minimum coverage is $25,000 per person and $50,000 per accident.
4. Uninsured Motorist Insurance: If the at-fault driver’s policy limit is low and your policy has higher limits, your insurance can provide additional coverage. For example, if the at-fault driver’s limit is $25,000 and yours is $100,000, you can claim an additional $75,000 from your insurance.
5. Underinsured Motorist Insurance: If you’re involved in a hit-and-run or the at-fault vehicle is uninsured, your insurance policy will cover bodily injury based on your chosen limits.
6. MVAIC (Motor Vehicle Accident Insurance Corporation): If you don’t own a vehicle and no relative you live with does, and you’re involved in a hit-and-run or uninsured vehicle accident, you can claim no-fault benefits ($50,000) and bodily injury coverage ($25,000) through MVAIC.

Steps to Take After a Pedestrian-Vehicle Accident:

1. Seek Medical Attention: Immediately get checked by a medical professional, even if injuries seem minor. Some injuries, like concussions or internal bleeding, may not show symptoms immediately.
2. Stay Calm and Call for Help: Move to a safe location and call emergency services. Stay on the scene to provide information to authorities.
3. Collect Information: Obtain the driver’s contact details, vehicle registration number, and insurance information. Get contact details of witnesses if possible.
4. Document the Accident: Take pictures of the scene, vehicle damage, and injuries. Note down details like date, time, and location of the accident.
5. Contact an Attorney: Reach out to an experienced personal injury attorney promptly. They can guide you through the legal process and help secure fair compensation.

At Mainetti & Mainetti, P.C., we offer free personal injury consultations at our Kingston and Poughkeepsie offices. Call us at 845-600-0000 to schedule your free consultation.

6. Follow Medical Advice: Adhere to your doctor’s recommendations, including rest, medication, or physical therapy, to ensure the best recovery.
7. Keep Records: Maintain records of all medical expenses and other costs related to the injury. This documentation supports your claims for compensation.

General Safety Tips for Pedestrians:

• Don’t Trust Cars or Drivers: Drivers may be distracted, under the influence, or unfamiliar with the road. Always be cautious.
• Stay on the Crosswalk: This increases your visibility and obligates drivers to stop for you.
• Check Both Ways: Even with a red light or walk signal, ensure no vehicles are approaching.
• Use the Sidewalk or Walk Against Traffic: If there’s no sidewalk, walking against traffic allows you to see oncoming vehicles.

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