Top Mistakes To Avoid After a Pedestrian Accident in New York
Pedestrians remain quite vulnerable on the road. Even with traffic laws in place, crosswalks, and pedestrian signals, New York pedestrians face serious risks every day. Drunk driving, distracted driving, failure to yield, and speeding are just a few of the common causes of pedestrian accidents in New York. In the aftermath of a pedestrian accident, the actions you take or don’t take can significantly impact your health, legal rights, and future. It is crucial to know what to do and what to avoid doing after a pedestrian accident in New York.
Below, we share some of the top mistakes you need to avoid after a New York pedestrian accident, as these mistakes could hurt your health and compensation claim.
- Not Reporting the Accident
One of the worst mistakes you can make after being hit while walking in NY is failing to call 911 and reporting the accident. Calling 911 will bring the police to the accident scene. Once there, the police will conduct a preliminary investigation and prepare an official report. This report could contain helpful information, such as the date, time, and location of your accident, statements of the at-fault driver and witnesses, the officer’s conclusion about what caused your accident, and whether any traffic citations were issued. This information can be crucial for your insurance or personal injury claim.
- Not Seeking Prompt Medical Attention
Calling 911 will also bring emergency medical responders to the scene. Even if you feel “fine” or believe your injuries are minor, it is crucial to be evaluated by paramedics. Some serious injuries, such as those affecting the head and internal organs, may not be immediately apparent after a pedestrian accident. Besides protecting your health, being evaluated at the scene can help protect your legal rights. Medical records from the scene can help establish a clear link between the accident and your injuries.
If, for whatever reason, you are not evaluated at the accident scene by paramedics, see a doctor as soon as possible after leaving the accident scene. If you delay seeing a doctor, you could jeopardize your health and legal claim. The insurance company could argue that your injuries are not as severe as you claim or are not connected to the accident in question. They could also argue that you failed in your duty to mitigate damages.
- Admitting Fault
After a pedestrian accident, avoid admissions of fault, as such admissions can diminish your chances of recovering compensation. Don’t apologize or make any statement that may be taken as an admission of fault. Even saying something like “I did not see the car” can hurt your case. New York follows the comparative negligence rule, which requires that a personal injury plaintiff’s compensation be reduced by their percentage of fault.
- Not Gathering Evidence
If you are physically able, gather as much evidence at the accident scene as possible. Take pictures of the accident scene and the surrounding area. Gather information from the driver who hit you and witnesses, such as names and contact information.
- Not Contacting an Attorney
One of the biggest mistakes you can make after a pedestrian accident is not contacting an attorney. An attorney can help you understand your legal rights, collect vital evidence, deal with insurance companies, and fight for the compensation you deserve.
Contact Us for Legal Help
If you’ve been hurt in an accident while walking in New York, contact our experienced Long Island pedestrian accident attorneys at Jacobson Law.
