Immediate Steps After a Pedestrian Accident

Why Acting Quickly Can Change Everything

A pedestrian accident in New York can flip your whole routine, stack up bills, and leave you wondering what to do next. 

In those first hours and days, what you do matters more than you realize. The choices you make can protect your health, safeguard your rights, and stop insurers from twisting the story later. Acting fast means knowing where to start.

Our pedestrian accident lawyers at Horn Wright, LLP, help injured pedestrians across New York, New Jersey, New Hampshire, Vermont, and Maine. We know that every accident is chaotic, and you might not think clearly when adrenaline and pain are in the driver’s seat. 

That’s why we step in quickly: preserving evidence, talking to witnesses, and making sure deadlines don’t cut you off. You get a team that already knows the playbook and knows how to fight back.

These steps aren’t about being perfect. They’re about being prepared. By following them, you’ll protect yourself, strengthen your claim, and give your lawyer the tools they need to hold careless drivers accountable.

Get Medical Care Right Away

Your first priority after a pedestrian accident is simple: get medical help. Even if you think you’re okay, the human body hides injuries when adrenaline spikes. Concussions, internal bleeding, and fractures don’t always scream out immediately. Skipping care not only risks your health but also weakens your legal claim because insurers love pointing to treatment gaps.

When you’re evaluated by doctors, tell them exactly what happened. Be specific: “I was hit crossing at the intersection” is stronger than “I fell.” Those words end up in your medical records, and later they’ll link your injuries directly to the accident. Follow up with every appointment and stick to treatment plans.

Medical records aren’t just for recovery—they’re evidence. Each X-ray, MRI, and therapy note builds a timeline showing the connection between the crash and your pain. That timeline is one of the strongest weapons you have when insurers start looking for ways to blame anything but the accident.

Call 911 and Report the Accident

A police report is one of the most valuable documents you can have after a pedestrian accident. Officers record details at the scene that you can’t recreate later. They interview drivers, witnesses, and sometimes even grab preliminary statements from you if you’re able to talk. That report becomes the official record and it’s harder for the driver to spin a different version when it’s already in black and white.

Don’t let anyone convince you to “work it out privately.” Without a police report, you’re on shaky ground if the driver changes their story. The report establishes who was involved, what the conditions were, and whether citations were issued. All of that matters when your case moves forward.

If possible, request a copy of the report or make note of the incident number so your lawyer can get it later. In New York, these reports often form the backbone of pedestrian accident claims, and they can tip the scales in your favor early on.

Gather Evidence Before It’s Gone

The scene of a pedestrian accident changes fast. Cars move, traffic clears, and hazards get fixed. If you’re able, or if a friend can help, collecting evidence on the spot can make all the difference. Here are some things you should focus on:

• Photos and videos. Take wide shots of the street, crosswalk, traffic signals, and vehicle positions. Zoom in on skid marks, debris, or damage to your body or clothing. The more angles you capture, the harder it becomes for the defense to argue about what happened. Time-stamped images speak louder than memory alone.
• Driver and vehicle information. Snap a photo of the license plate, driver’s license, and insurance card. Accidents get messy fast, and paperwork can disappear. Having everything stored digitally keeps it secure. It also saves you from relying on handwritten notes that may be incomplete.
• Witness contacts. If anyone saw what happened, ask for their name and number. Independent voices add weight to your version of events. Witnesses can confirm signals, speed, or driver behavior you couldn’t see. Later, their statements can help shut down claims that you “darted out.”
• Surrounding conditions. Record the weather, lighting, and traffic flow at the time of the accident. Was the sun blinding drivers? Was the crosswalk paint faded? These details matter more than you think. Courts look at conditions to judge whether the driver acted reasonably.

Notify Your Insurance Company

Even if you weren’t driving, your own insurance might play a role in covering costs after a pedestrian accident. New York’s no-fault rules can apply to pedestrians, and benefits like medical coverage or lost wages may kick in. But insurers look for ways to deny or minimize coverage, so your words matter when you report.

Stick to the facts: when and where it happened, who was involved, and the injuries you know about. Don’t speculate or downplay symptoms. You don’t have to give them every detail in the first call. Once you have a personal injury lawyer, they’ll handle communications and make sure nothing you say gets twisted.

Notifying your insurer quickly is critical. Many policies have short reporting deadlines, and missing them can cost you coverage. A simple call puts the process in motion and preserves your rights under your policy.

Track Your Medical Bills and Lost Wages

The financial side of a pedestrian accident adds up faster than most people expect. 

Hospital bills, therapy costs, medications, and time away from work all pile onto the stress you’re already carrying. Keeping a record of everything makes it easier to claim full compensation later.

Save receipts, invoices, and pay stubs. If your employer can provide a note confirming your missed time and wages, that’s even stronger. Organizing these records early saves your lawyer time and strengthens your demand when negotiations start.

Think beyond the present. If your injuries require future surgeries, extended therapy, or long-term modifications to your home or job, those costs should be part of your claim too. Clear documentation makes sure they aren’t overlooked.

Watch Out for Common Driver Defenses

Drivers rarely say, “Yes, this was my fault.” Instead, they reach for the same excuses over and over again. Knowing what to expect helps you and your lawyer prepare. Here are the defenses you’ll likely hear:

• “The pedestrian darted into traffic.” Drivers love this excuse, but it doesn’t erase their duty to pay attention. Courts look at speed, sightlines, and reaction times. A sudden movement doesn’t mean the driver had no responsibility to avoid hitting you. Evidence can show they weren’t alert.
• “The pedestrian crossed against the light.” Even if you weren’t in a marked crosswalk, drivers must still exercise reasonable care. Speeding, distraction, or impairment makes their defense weak. Traffic laws don’t let drivers barrel ahead blindly. Witnesses and video can clarify what really happened.
• “I couldn’t stop in time.” This usually means the driver was going too fast for conditions. Weather, traffic, and road design all factor in. Failing to control a vehicle is negligence. Experts can analyze braking distances and show what should’ve happened.
• “The pedestrian was distracted.” Maybe you were looking at your phone or carrying groceries. But distraction doesn’t excuse a driver’s duty to yield. New York law gives pedestrians rights, and drivers can’t shift the entire blame. Comparative negligence rules mean their fault still counts.

How New York Law Shapes Pedestrian Accident Claims

Pedestrian accident cases in New York are about specific laws. Vehicle and Traffic Law Section 1151 requires drivers to yield to pedestrians in crosswalks. 

Other sections set speed limits, define right of way, and dictate how drivers must behave around intersections and school zones. When drivers break those rules, liability gets easier to prove.

New York also follows comparative negligence. That means even if a pedestrian shares some blame, they can still recover damages—just reduced by their percentage of fault. This rule makes evidence even more important, because insurers will try to inflate your share to cut their costs. 

Deadlines matter too. Most pedestrian injury claims must be filed within three years, but claims against municipalities can require notices within 90 days. Miss a deadline, and your rights vanish. Acting quickly keeps your options open and your case alive.

Why You Need a Lawyer After a Pedestrian Accident

Pedestrian accidents are some of the hardest personal injury cases to fight alone. 

Drivers have insurers, adjusters, and defense attorneys working from day one. Without your own team, you’re outnumbered and outmaneuvered. That’s where an experienced pedestrian accident lawyer changes everything.

Your lawyer collects evidence, deals with insurers, and lines up experts to prove your claim. They know how to counter the excuses drivers use and how to negotiate settlements that reflect your real losses. And if settlement talks stall, they’re ready to take your case into court where pressure shifts back to the defense.

At Horn Wright, LLP, we’ve built a reputation across New York, New Jersey, New Hampshire, Vermont, and Maine for handling pedestrian accidents with grit and compassion. We don’t just handle paperwork. We fight for you, step by step, until accountability sticks.

Protect Your Rights with Horn Wright, LLP

If you’ve been hit as a pedestrian, the steps you take next can shape your entire recovery. 

Don’t wait while evidence disappears and insurers prepare their defenses. Get a team that moves quickly, protects your rights, and fights for the compensation you need to move forward.

We know what drivers and insurers will say, and we know how to shut it down. More importantly, we know what it takes to get you results. Let’s talk through what happened, lay out your options, and start building a case that puts your recovery first.