Filing Your Pedestrian Accident Injury Claim

Start Your Claim the Right Way

Getting hit on foot shakes everything—your health, your schedule, your income. You’re juggling doctor visits, calls from insurance, and the ache that doesn’t quit. 

Filing a claim isn’t busywork; it’s how you protect your recovery and keep bills from snowballing. When you move with a plan, you take control back from the chaos and put your story on solid ground.

Our pedestrian accident lawyers at Horn Wright, LLP, guide injured pedestrians across New York, New Jersey, New Hampshire, Vermont, and Maine.  You’ll get clear steps, fast action, and a team that locks down proof before it drifts. 

We gather records, line up witnesses, and preserve video so the facts can’t be rewritten later. Each step is designed to keep leverage on your side and stop common defense tactics cold. You deserve momentum and that starts right now.

Why Timing Changes Outcomes

Speed matters because evidence is fragile. Footage gets overwritten, road paint fades in the rain, and witnesses scatter. Waiting hands the other side a cleaner scene and a fuzzier memory. Acting early locks in details while they’re still crisp and convincing.

New York law also runs on deadlines that don’t pause for pain or paperwork. Most pedestrian injury suits have a three-year limitations period, and claims involving municipalities can require a notice of claim in about 90 days. Miss those, and even strong cases lose their voice. Filing promptly keeps every door open and every option alive.

Moving quickly also changes how insurers treat you. Early claims with organized proof signal that you’re serious and prepared. That alone reduces games like slow-walking and lowballing. When the file is tight and timely, negotiations start on firmer ground.

The Documents That Make Your Case

Before long, your claim becomes a stack of proof. Build that stack with purpose so it stands tall when challenged. Use the list below as your must-have pack and start collecting as soon as you can:

• Medical records and provider notes. These documents connect the crash to your injuries in a way adjusters can’t shrug off. They map symptoms, imaging, treatment plans, and progress over time. Consistent care shows you’re taking recovery seriously, not chasing a payout. Thorough records are the backbone of every strong demand.
• Police report and incident number. Officers capture driver info, witness names, conditions, and preliminary fault clues. That snapshot makes it harder for anyone to “remember things differently” later. Having the report or incident number lets your lawyer pull it fast. Official paper beats competing stories every time.
• Photos and video from the scene. Wide shots, close-ups, and short walk-through clips tell the truth about visibility, signals, and hazards. Time-stamped images freeze the moment before the scene is scrubbed. Traffic or storefront cameras may add even more context. Visuals make decision-makers feel the space, not just read about it.
• Proof of income and missed time. Pay stubs, W-2s, and employer notes translate pain into numbers the system respects. They show what you’ve already lost and hint at what’s ahead. If your job duties changed or hours dropped, document that too. Clear math supports fair money.

Dealing With Insurance the Smart Way

Insurance will be in your ear early and often. Adjusters sound helpful, but their job is to trim payouts, not maximize them. They’ll ask leading questions, push for recorded statements, and offer “quick” money that doesn’t touch your long-term costs. You don’t owe them speed; you owe yourself accuracy.

In New York, no-fault can cover medical bills up to certain limits even when you’re a pedestrian, but serious injuries push claims beyond no-fault into bodily injury territory. That’s where documentation, deadlines, and careful wording matter most. 

Report the basics promptly—where, when, who—but skip guesses and commentary. Once counsel is in place, let your lawyer handle the back-and-forth. Keep copies of everything you send. 

Track claim numbers, adjuster names, and dates of every call. Paper trails stop “we never got that” games and make disputes easy to win. Tight files save time, reduce stress, and increase leverage.

Proving Driver Fault and Beating Blame

Fault isn’t automatic. Drivers and insurers will contest it hard. Your job is to pin their choices to your injuries with proof that sticks. Here’s how liability often gets nailed down in pedestrian claims:

• Traffic violations that show negligence. Running reds, rolling stops, speeding, and turning through crosswalks all point to fault. Citations and witness accounts make these facts hard to dodge later. Rules exist to protect people on foot, and breaking them carries weight. Violations link choices to consequences in a straight line.
• Failure to yield in crosswalks. New York’s Vehicle and Traffic Law Section 1151 requires drivers to yield to pedestrians in crosswalks. When they don’t, liability comes into focus fast. Video and signal timing data tighten that focus. The law was written for your protection, and we use it exactly that way.
• Comparative negligence kept in check. Defense teams will argue you shared blame to shrink what they owe. Photos, scene diagrams, and eyewitnesses can keep your percentage realistic. Even if you’re assigned some fault, the driver still pays their share. Strong evidence stops blame from ballooning.
• Expert voices that simplify hard facts. Accident reconstruction and human-factors experts translate sightlines, speeds, and reaction windows. They turn messy intersections into understandable models. When jurors can see how little time the driver left you, they get it. Clear teaching beats clever spin.

What Compensation Can Cover

Compensation is how you keep life moving when injuries drag on. 

Medical costs come first: emergency room care, imaging, specialists, therapy, meds, injections, and surgeries if they’re on the table. When your future includes ongoing care, that goes into the numbers too. We make sure today’s bills don’t erase tomorrow’s needs.

Lost income hits next. Maybe you’re off the clock entirely, or maybe duties changed and hours fell. Either way, we calculate what vanished and what might keep vanishing if recovery takes time. If your career path bent because of the crash, diminished earning capacity enters the conversation. Those dollars matter as much as the ones already gone.

Then there’s the human side—pain and suffering and loss of enjoyment. Maybe stairs are now a mountain. Maybe sleep comes late and leaves early. Maybe walks with family feel shorter and heavier than they used to. The law recognizes losses you can feel but can’t hold, and we press for numbers that match your lived reality.

Mistakes That Sink Good Claims

Strong cases can still wobble if easy traps aren’t avoided. Keep these pitfalls in view from day one so your claim stays clean and convincing:

• Waiting to see a doctor. Delays open the door for “it wasn’t that bad” arguments. Early exams tie injuries to the crash and catch problems adrenaline hides. Follow-ups show you’re doing the work to heal. Consistency is proof.
• Talking too much to adjusters. Recorded statements get sliced, diced, and used against you. Keep initial reports basic and let counsel take it from there. Adjusters aren’t neutral. They’re building a file to pay less. Protect your words to protect your claim.
• Posting on social media. Photos and captions get twisted, even when innocent. A single upbeat post becomes “no real injury” in the wrong hands. Lock down privacy and keep case details offline. Silence online is strength in real life.
• Missing paperwork and deadlines. Claims die quietly when forms are late or incomplete. Calendars, checklists, and copies keep everything on track. When the file’s tight, you control the pace. Administrative discipline wins cases.

Take the Next Step with Us

You don’t have to navigate forms, deadlines, and defense tactics while your body aches. 

Our personal injury attorneys run the playbook—preserve evidence, manage insurers, and stack the proof that puts pressure where it belongs. We’ll review what happened, map your next moves, and start building a claim that reflects the full weight of your losses. 

Your recovery deserves momentum, clarity, and a team that won’t blink. We’re ready when you are.