New York Pedestrian Accident Lawyer
If you’ve been hit by a car while walking, you’re likely facing a painful and confusing road ahead — medically, emotionally, and legally. You may be unsure of who is responsible, how you’ll pay your medical bills, or whether you need a lawyer. At Billy Cooper Law, we represent pedestrians injured by negligent drivers and fight to ensure they get the justice and compensation they deserve.
Pedestrian accidents can result in devastating injuries, and insurance companies are often quick to deny claims or shift blame to the victim. Our firm is here to make sure that doesn’t happen to you. We’ll handle every step of the legal process so you can focus on recovery.
What To Do After Being Hit by a Car as a Pedestrian
Taking the right steps immediately after a pedestrian accident can make a major difference in the outcome of your case.
- Seek medical attention first.
Even if your injuries appear minor, it’s important to be evaluated by a medical professional. Some injuries may not show symptoms right away, especially head trauma or internal bleeding.
- Contact the police and file a report.
A police report provides a critical record of the accident, including details about the driver, witnesses, and who may be at fault.
- Gather evidence.
If you’re able, take photos of the accident scene, your injuries, the vehicle involved, and any traffic signs or signals. Write down names and contact information for any witnesses. Preserve your clothing and any damaged personal property.
- Do not speak to the driver’s insurance company without legal guidance.
Insurance adjusters may attempt to downplay your injuries or get you to admit fault. You are under no obligation to provide a recorded statement before speaking with a lawyer.
- Call an experienced pedestrian accident attorney.
At Billy Cooper Law, we offer free consultations and work on a contingency basis, meaning you pay nothing unless we recover compensation for you.
Common Causes of Pedestrian Accidents
Pedestrian accidents often occur due to careless or reckless behavior by drivers. Common causes include:
Failure to Yield at Crosswalks
Many drivers either ignore pedestrian right-of-way or don’t notice people crossing, especially at unmarked intersections.
Distracted Driving
Texting, checking GPS, or using a phone while driving causes thousands of preventable accidents every year.
Speeding in Residential or School Zones
High speeds significantly increase the severity of impact and reduce a driver’s reaction time.
Driving Under the Influence
Alcohol or drug impairment reduces alertness, reaction time, and coordination, making drivers far more dangerous to pedestrians.
Improper Turning or Failure to Signal
Drivers turning at intersections often fail to check for crossing pedestrians.
Backing up in Parking Lots or Driveways
Pedestrians, especially children or the elderly, are often struck by vehicles reversing without proper care.
Common Injuries Sustained in Pedestrian Accidents
Because pedestrians have no physical protection from the force of a vehicle, injuries are often severe or even life-threatening. Some of the most common pedestrian accident injuries include:
- Traumatic Brain Injuries (TBIs): Head trauma can result in concussions, memory loss, cognitive issues, or permanent brain damage.
- Spinal Cord Injuries: These injuries can lead to partial or full paralysis, chronic pain, and lifelong medical needs.
- Broken Bones and Fractures: Legs, hips, ribs, arms, and wrists are often fractured when a pedestrian is thrown or crushed.
- Soft Tissue Injuries: Muscle tears, ligament sprains, and whiplash are common and may take months to heal.
- Internal Injuries: Internal bleeding or damage to organs can be fatal if not promptly treated.
- Lacerations and Disfigurement: Deep cuts and road rash can leave permanent scarring or require plastic surgery.
- Psychological Trauma: Many victims experience post-traumatic stress disorder (PTSD), anxiety, or depression following a serious pedestrian accident.
Filing a Pedestrian Injury Claim: What You Need to Know
Filing a claim after a pedestrian accident can be complex, but taking the right steps early can help you secure full and fair compensation. Here’s a quick breakdown of what’s involved.
- Establishing Liability
To recover damages, we must prove the driver was at fault. This can be done through:
- Eyewitness statements
- Traffic camera footage
- Police reports
If you may share some responsibility, we’ll assess how comparative negligence laws in your state impact your case.
- Notifying the Insurance Company
In most cases, the at-fault driver’s insurance will handle the claim. If the driver is uninsured or flees the scene, your own uninsured motorist coverage may apply.
We’ll guide you through the notification process and handle all communications with insurers.
- Documenting Medical Treatment
Getting proper treatment and keeping detailed medical records is crucial. These records help prove:
- The severity of your injuries
- The need for future care
- Your overall damages
We may also use expert testimony to support your case.
- Don’t Wait — Deadlines Apply
Every state has a statute of limitations, usually ranging from 1 to 3 years. If you miss this deadline, you could lose your right to sue — even if your injuries are serious.
It’s important to speak with an attorney as soon as possible, even if you’re still recovering.
How Billy Cooper Law Can Help
We handle the entire legal process — from filing paperwork to negotiating with insurance companies — so you can focus on healing. With Billy Cooper Law on your side, you don’t have to face this alone.
What Compensation Can You Recover After a Pedestrian Accident?
Pedestrian accident victims often face significant financial and emotional burdens. A personal injury claim can help you recover compensation for:
- Medical expenses: This includes emergency care, surgeries, physical therapy, prescriptions, follow-up visits, and long-term treatment needs.
- Lost wages: If you’ve had to miss work — or if your injuries prevent you from returning to your job — you may be entitled to compensation for lost income and future earning potential.
- Pain and suffering: Serious injuries bring both physical and emotional distress. The law allows for compensation for your pain, trauma, and the loss of enjoyment of life.
- Permanent disability or disfigurement: If your injuries cause lasting physical impairments or scarring, that’s factored into your settlement or award.
- Wrongful death damages: If a loved one was fatally injured in a pedestrian accident, we can pursue damages on behalf of surviving family members, including funeral costs and loss of companionship.
Every case is unique. Our team evaluates the full scope of your losses and builds a strong case for the maximum compensation available under the law.
How Billy Cooper Law Can Help You
Pedestrian accident claims often involve complicated legal and insurance issues — especially when fault is disputed or insurers try to minimize payouts. At Billy Cooper Law, we have deep experience handling these cases and a proven track record of getting results.
Thorough Investigation and Evidence Collection
We begin by conducting a detailed investigation of the accident. This includes reviewing police reports, interviewing witnesses, collecting available video or photo evidence, and, if necessary, reconstructing the accident to clearly establish liability.
Dealing Directly with Insurance Companies
You won’t have to worry about dealing with insurance adjusters or making damaging statements. We manage all communication with insurance companies, ensuring your claim is handled professionally and with your best interests in mind.
Medical Documentation and Expert Support
Properly documenting your medical treatment is critical to your case. We make sure all injuries are recorded and supported by medical evidence. When appropriate, we consult expert witnesses — including doctors and accident specialists — to further support your claim.
Aggressive Negotiation and Litigation
Our team negotiates forcefully to secure a fair settlement. If the insurance company refuses to offer reasonable compensation, we’re fully prepared to file a lawsuit and take your case to court in pursuit of the maximum recovery.
No Win, No Fee
At Billy Cooper Law, we operate on a contingency fee basis. That means you pay nothing upfront and no legal fees at all unless we win your case. You focus on healing — we’ll handle everything else.
Frequently Asked Questions (FAQs)
Can I sue the driver if I was hit while walking in a crosswalk?
Yes, you can sue the driver if you were hit while legally crossing the street. Crosswalks — especially marked or signal-controlled ones — give pedestrians the right of way in most circumstances. If a driver fails to yield and hits you, they are likely considered negligent under the law. Your attorney can help prove fault and pursue damages on your behalf.
What if I wasn’t in a crosswalk when I got hit?
Even if you were not in a marked crosswalk, the driver may still be found partially or fully at fault. Pedestrians do not forfeit all rights when crossing outside a designated area. Each case depends on the specific facts — including lighting, signage, driver behavior, and visibility. States that follow comparative negligence rules allow injured pedestrians to recover compensation even if they were partially responsible.
How long do I have to file a pedestrian accident claim?
The time limit to file a personal injury lawsuit varies by state, but it’s usually between one and three years from the date of the accident. This deadline is called the “statute of limitations.” Failing to file within this period typically means you lose the right to pursue compensation. It’s best to speak with an attorney as soon as possible to avoid missing critical deadlines.
What types of evidence will help my case?
Useful evidence includes the police report, photos or video footage of the scene, witness statements, traffic or surveillance camera recordings, and your medical records. If your accident occurred near a business or intersection, your attorney may request video footage to help prove fault. Preserving your clothing and shoes may also help if they show signs of impact or road damage.
Do I need a lawyer for a minor injury?
Even if your injury seems minor, you should still consult with an attorney. Some injuries worsen over time, and you may incur unexpected medical costs or missed work. Additionally, insurance companies may try to offer a low settlement or deny your claim altogether. A lawyer will ensure your rights are protected and that you don’t settle for less than you deserve.
Contact Billy Cooper Law Today
If you’ve been injured as a pedestrian — whether in a crosswalk, on a sidewalk, or in a parking lot — you may be entitled to compensation. Billy Cooper Law is here to help you understand your legal rights, deal with the insurance companies, and get your life back on track.
Call us today or fill out our online contact form to schedule your free, no-obligation consultation. We are available 24/7, and you pay nothing unless we win your case.
Putting Over 75 Years of Combined Experience on Your Side
Putting Over 75 Years of Combined Experience on Your Side
Putting Over 75 Years of Combined Experience on Your Side
Putting Over 75 Years of Combined Experience on Your Side
Putting Over 75 Years of Combined Experience on Your Side
Get the Answers You Need
At Billy Cooper Law, every day we renew our pledge to help injured people get the justice and compensation they deserve. We have a reputation throughout New York and nationally for standing up for our clients, and we take that responsibility seriously by approaching every case with preparation, persistence, and an unwavering commitment to results.