As a pedestrian in Newburgh or Orange County, whether you’re on a crosswalk or sidewalk, you’re relying on drivers to operate their vehicles safely and attentively. The responsibility is theirs, especially considering their vehicles are over 2,000 pounds heavier than you. Unfortunately, pedestrian accidents are common and often lead to serious injuries like broken bones, spinal cord damage, traumatic brain injuries, and more.
Mainetti & Mainetti P.C.’s Newburgh personal injury law office is located at 575 Hudson Valley Ave, New Windsor, NY 12553
(845) 670-7000
Injured? Contact us today for a free personal injury consultation.
ContactPedestrian accidents are a tragically common occurrence in Orange County. According to the Institute for Traffic Safety Management & Research, there were 112 pedestrian crashes in Orange County in 2023, including:
- City of Newburgh – 30 Pedestrian Accidents
- Town of Wallkill – 13 Pedestrian Accidents
- City of Middletown – 12 Pedestrian Accidents
- Port Jervis – 10 Pedestrian Accidents
- New Windsor – 9 Pedestrian Accidents
- Town of Newburgh – 8 Pedestrian Accidents
- Kiryas Joel – 5 Pedestrian Accidents
- Chester – 5 Pedestrian Accidents
- Monroe – 4 Pedestrian Accidents
How to Seek Compensation for Losses After a Pedestrian Accident in Orange County
Although there isn’t a specific insurance policy for pedestrians, several avenues of compensation may be available if you’ve been hit by a motorist or another vehicle:
- No-Fault Insurance (Personal Injury Protection): This coverage, provided by the driver’s insurer, covers medical expenses and lost wages up to $50,000, regardless of fault.
- Additional Personal Injury Protection: If you have this optional coverage, it provides an extra $50,000 on top of the standard no-fault benefits.
- Bodily Injury (Liability) Insurance: The at-fault driver’s insurance may cover additional costs like pain and suffering, medical bills, and lost wages beyond the no-fault limits. New York’s minimum coverage is $25,000 per person and $50,000 per accident.
- Uninsured Motorist Insurance: If the at-fault driver’s insurance is insufficient and your policy has higher limits, your insurance can cover the difference. For instance, if the driver’s coverage is $25,000 and your policy is $100,000, you may claim an additional $75,000.
- Underinsured Motorist Insurance: In the case of a hit-and-run or uninsured driver, your own insurance can cover bodily injury based on the limits you’ve selected.
- MVAIC (Motor Vehicle Accident Insurance Corporation): If neither you nor any family members in your household own a vehicle, you may be eligible for no-fault benefits ($50,000) and bodily injury compensation ($25,000) through MVAIC in cases involving hit-and-runs or uninsured drivers.
Steps to Take After Being Hit by a Vehicle in Orange County
- Seek Medical Attention: Visit a healthcare professional immediately, even if your injuries seem minor, as some conditions, like concussions or internal injuries, may not show symptoms right away.
- Stay Calm and Call for Help: Move to a safe area and call emergency services. Stay at the scene to provide details to the authorities.
- Collect Information: Get the driver’s contact, vehicle registration, and insurance information. If there are witnesses, gather their contact details as well.
- Document the Incident: Take photos of the accident scene, vehicle damage, and your injuries. Note key details such as the date, time, and location.
- Contact an Attorney: Speak with a personal injury lawyer as soon as possible to navigate the legal process and help you pursue proper compensation.
- Follow Medical Advice: Stick to your doctor’s recommendations, whether it’s rest, medication, or therapy, to ensure your recovery.
- Keep Records: Maintain detailed records of medical bills and any other expenses related to your injuries. This documentation will be crucial for your compensation claim.
Pedestrian Safety Tips for Orange County
- Don’t Assume Drivers See You: Drivers can be distracted or impaired, so always stay alert and cautious.
- Use Crosswalks: Crossing at designated areas improves visibility and ensures drivers are obligated to stop.
- Look Both Ways: Even if you have the right of way, always check for oncoming traffic before crossing.
- Walk on the Sidewalk or Face Traffic: If there is no sidewalk, walking against traffic allows you to see approaching vehicles.
Pedestrian Personal Injury Results
The statute of limitations in New York State is 3 years from the date of the accident. However, If a city or state agency is involved, you must also file a Notice of Claim within 90 days.
Your first layer of coverage is the driver’s no-fault or PIP insurance. This covers up to $50,000 for treatment and lost wages. Once that cap is reached, it may be prudent to pursue the driver’s bodily-injury liability or different kinds of coverage that you may have.
Yes. New York is a “comparative fault” state. Your compensation may be reduced by your percentage of fault, but you’re not barred from recovery unless you’re 100% responsible, which is unlikely.
You can file through New York’s MVAIC program for up to $50k No-Fault + $25k bodily-injury, or tap your own UM coverage. We know that there are a number of hit and run incidents involving pedestrians in Orange County every year.
Our firm works on a contingency fee. You pay nothing upfront, and nothing at all unless we win compensation for you.
Straightforward insurance claims can often resolve in about four to six months. Cases with serious injury, disputed liability, or litigation typically run 12-24 months.
Photos of the crosswalk/vehicle, witness contact info, police report number, and the driver’s insurance details. The sooner you call us for a free consultation, the faster we can preserve surveillance footage before it’s overwritten.
No. New York does not impose statutory caps on non-economic damages in personal-injury cases.
