At William Mattar Law Offices, many people reach out after a pedestrian accident, wondering what to do next. Facing severe injuries, rising medical bills, and a future that feels uncertain can create a heavy emotional weight. Recovering from physical harm is challenging enough on its own, but the financial burdens that follow add another layer of stress.
Some feel unsure about speaking with a lawyer, fearing the legal process may be complicated or intimidating. Others worry that their questions—such as how much compensation you can get for a pedestrian accident—might not have straightforward answers. Working with a personal injury attorney in New York who focuses on helping injured pedestrians can provide reassurance.
The process often starts with a compassionate, understanding conversation about what happened, what you are going through, and what future challenges may arise. While the amount of compensation cannot be guaranteed, it often includes various forms of damages to help cover medical care, lost wages, and the intangible losses connected to your pain, suffering, and reduced quality of life.
Table of contents
- What Is a Pedestrian Accident?
- What Types of Injuries Might Someone Suffer in a Pedestrian Accident?
- Compensation That May Be Available After a Pedestrian Accident
- Navigating New York Laws and Regulations
- Tailoring the Approach to the Individual
- Seeking Legal Guidance in New York
- Let Us Handle Your Claim for Compensation
What Is a Pedestrian Accident?
A pedestrian accident occurs when someone traveling on foot is struck by a vehicle, often a car, truck, or motorcycle. These incidents can happen anywhere pedestrians and motor vehicles share space, including crosswalks, sidewalks, parking lots, and road shoulders.
In New York, with busy city streets and crowded intersections, the risk of pedestrian accidents can be significant. Drivers may become distracted or impatient, and even a momentary lapse of attention can have severe consequences.
Pedestrian accidents differ from typical car accidents because the individual on foot usually has no physical protection against the force of a vehicle. There are no airbags, seatbelts, or steel frames buffering the impact. This vulnerability can lead to injuries that are more severe than those experienced in many other types of traffic-related incidents.
What Types of Injuries Might Someone Suffer in a Pedestrian Accident?
The human body is not built to withstand the force of a speeding car or truck. Injuries can range from cuts and bruises to more catastrophic harm. Some of the most common injuries in pedestrian accidents include:
Traumatic Brain Injuries (TBI)
A pedestrian may hit their head against the pavement or the vehicle itself. This can cause concussions, skull fractures, or internal bleeding in the brain. Traumatic brain injuries can affect cognitive function, balance, memory, mood, and overall quality of life. Some TBIs are mild and resolve over time, while others are severe and lead to permanent changes.
Spinal Cord Injuries and Back Injuries
A strong impact can damage the spinal cord, potentially causing partial or complete paralysis. Even less severe back injuries, such as herniated discs or vertebrae fractures, can lead to chronic pain, reduced mobility, and long-term discomfort. Spinal cord injuries often require extensive medical care, rehabilitation, and possibly home modifications.
Broken Bones and Fractures
Pedestrian accidents can result in broken arms, legs, ribs, and pelvises. Fractures may need surgery, pins, plates, or screws to repair. They can limit mobility and necessitate long periods of recovery. Even after healing, lingering stiffness or pain can remain.
Internal Injuries and Organ Damage
The force of an impact can harm internal organs, leading to internal bleeding, liver lacerations, punctured lungs, or kidney damage. These injuries may not be visible and often require immediate medical attention. Hospitalization, surgery, and intensive care may follow.
Soft Tissue Injuries
Muscles, tendons, and ligaments can be stretched or torn, leading to sprains, strains, and contusions. While sometimes considered less severe, soft tissue injuries can still cause significant pain and limit a person’s ability to return to normal activities.
Facial Injuries and Dental Damage
A pedestrian may sustain facial fractures, cuts, bruises, and dental injuries. These injuries can be painful and may result in scarring or disfigurement, which can affect confidence and self-esteem.
Emotional and Psychological Trauma
Beyond physical injuries, many people develop emotional distress after a pedestrian accident. Anxiety, depression, and PTSD-like symptoms can emerge, making it difficult to enjoy life or engage in day-to-day activities. Emotional trauma often requires therapy or counseling.
Every injury may require ongoing medical treatment, rehabilitation, and therapy. Some individuals may need wheelchairs, walkers, or prosthetics. Others may be left with a lifelong need for medication or specialized care.
The financial costs can be steep, and the emotional toll profound. This is where seeking compensation becomes more than just a financial step—it can be a path toward rebuilding a life that has been turned upside down.
Compensation That May Be Available After a Pedestrian Accident
Determining compensation usually involves considering several factors, including the severity of injuries, the long-term health impact, and how these injuries may affect daily life. Many injured pedestrians consider legal action because insurance companies may not voluntarily offer enough to cover the full extent of the damages.
A lawyer can fight for maximum compensation by negotiating with the insurance company and, if necessary, preparing to go to trial. This dedication can help ensure that you receive a fair settlement or verdict that truly reflects what you have endured.
Economic Damages
Economic damages are tangible losses that have a definite financial value. These losses often have receipts, bills, or pay stubs that can be used to demonstrate the cost. Economic damages may include:
- Medical Expenses: Pedestrian accidents can lead to hospital stays, surgeries, doctor’s visits, physical therapy, medications, medical devices, and follow-up care not covered by no-fault insurance. Compensation for medical expenses can cover not only the current costs but also the anticipated costs of future treatments, rehabilitation, or long-term care.
- Lost Wages: When injuries prevent a person from working, they lose income. Compensation can cover the wages lost during the recovery period.
- Lost Earning Capacity: If injuries prevent a return to the previous type of work or result in a permanent disability, the claim may include damages for lost earning capacity. This involves considering how much the person would have earned over a lifetime if not for the accident. In some cases, experts might be consulted to estimate future earning potential based on the individual’s education, occupation, and career trajectory.
- Property Damage: While the pedestrian may not have a vehicle involved, sometimes personal belongings such as a smartphone, laptop, or personal items carried at the time of the accident are damaged. The cost of repairing or replacing these items can be included in the claim.
- Other Out-of-Pocket Expenses: These can include transportation costs to medical appointments, home modifications if mobility has been compromised, or childcare expenses if the injured person cannot care for their children during recovery.
These economic damages are straightforward because they rely on clear financial documentation. Calculating medical expenses or lost wages is often a matter of gathering the right bills and records.
Non-Economic Damages
Non-economic damages are more subjective. They relate to losses that do not have a direct monetary value but are nonetheless very real to the injured person. Non-economic damages can include:
- Pain and Suffering: Physical pain can be severe and long-lasting. Some injuries cause chronic discomfort that affects sleep, mobility, and the ability to engage in once-enjoyed activities. Pain and suffering damages recognize that these experiences matter.
- Emotional Distress and Mental Anguish: Following a traumatic pedestrian accident, a person may experience anxiety, depression, nightmares, fear of crossing streets, or other emotional and psychological difficulties. A receipt cannot measure these intangible harms, yet they can significantly affect one’s quality of life.
- Loss of Enjoyment of Life: When injuries prevent someone from pursuing hobbies, spending quality time with loved ones, or participating in activities that previously brought joy, their overall enjoyment of life is diminished. Compensation for loss of enjoyment of life acknowledges that there is value in being able to lead a fulfilling, active existence.
- Disfigurement and Scarring: If the accident leaves a pedestrian with visible scars, disfigurement, or permanent marks, it can affect confidence, social interactions, and self-esteem. Non-economic damages can address these impacts, recognizing that appearance changes can alter one’s sense of self.
- Loss of Consortium: In some cases, spouses or family members who have lost the companionship, affection, or support of their loved one due to the accident may seek damages for loss of consortium. This acknowledges that injuries affect not only the injured individual but also their relationships.
Calculating non-economic damages is more challenging. Unlike economic damages, there are no bills or receipts. Instead, these damages are often determined by examining the severity of the injury, the duration of recovery, and how the injury affects daily life.
Both sides—your lawyer and the insurance company—may have different views of what constitutes fair compensation. A lawyer can help build a compelling case by presenting medical reports, expert testimony, and personal statements that illustrate the extent of these non-financial losses.
Factors That Can Affect Compensation Amounts
When looking at how much compensation may be available for a pedestrian accident, it is impossible to provide a one-size-fits-all number. Every case differs, influenced by various factors:
- Severity of Injuries: More severe injuries that result in long-term care or significant lifestyle changes often lead to higher compensation.
- Impact on Daily Life: If injuries prevent someone from returning to work, performing routine tasks, or enjoying family activities, the compensation may increase to cover these intangible losses.
- Liability and Negligence: If the driver’s actions were particularly reckless or if they were entirely at fault, the compensation might be greater than in cases where fault is shared.
- Evidence and Documentation: Clear, thorough evidence can help secure higher compensation. Having robust medical records, expert opinions, witness statements, and accident scene photos can make a big difference.
- Negotiation and Litigation Skills: How effectively the lawyer negotiates and, if necessary, presents the case at trial can affect the final outcome. Solid negotiation tactics and a well-prepared trial presentation often lead to more substantial awards.
- Insurance Policy Limits: If the at-fault driver has limited insurance coverage, it may cap the total amount recovered. However, other options, such as the driver’s personal assets or additional sources of coverage, might be considered.
When facing the aftermath of a pedestrian accident, the assistance of a lawyer can provide more than just legal counsel. It can offer peace of mind. The insurance process and legal negotiations can feel overwhelming, especially while recovering from severe injuries. A lawyer can handle these processes, seeking maximum compensation while allowing you to focus on healing and rebuilding.
Navigating New York Laws and Regulations
New York laws regarding personal injury claims, including pedestrian accident cases, can affect how compensation is pursued. Statutes of limitations set the timeframe for filing a lawsuit. Failing to file within that period can bar the claim entirely.
Comparative negligence laws influence how damages are calculated if the injured pedestrian shares some responsibility. By having a lawyer who understands these regulations and court procedures, injured parties can avoid missteps that might reduce their potential compensation.
A lawyer can also identify the best strategies for building the case. For instance, they can determine whether expert witnesses—such as medical professionals or accident reconstruction specialists—would strengthen the argument. They can ensure that all paperwork is filed correctly, all deadlines are met, and all negotiations or trial preparations are handled with care.
Tailoring the Approach to the Individual
Every pedestrian accident case differs. One person may face years of therapy and ongoing care. Another may recover fully within a few months but suffer intense psychological trauma. A lawyer can tailor the legal strategy to the individual’s circumstances.
For instance, if a person’s primary concern is having enough compensation to cover extensive future medical treatments, the lawyer can emphasize medical reports and expert projections of ongoing care costs.
If emotional trauma is a key factor, the lawyer can focus on painting a clear picture of the psychological and quality-of-life impact. By shaping the approach around the individual’s unique challenges, a lawyer can strive to secure compensation that truly reflects the extent of the harm.
Seeking Legal Guidance in New York
Considering the complexity of New York laws and the intensity of negotiations with insurance companies, many pedestrian accident victims choose to consult with a lawyer before making any decisions. A lawyer can help review the facts, evaluate potential claims, and outline possible outcomes. This initial discussion often provides clarity, reducing confusion and anxiety.
For those worried about affordability, many pedestrian accident lawyers, including those at William Mattar Law Offices, work on a contingency fee basis. This arrangement typically means clients pay attorney fees only if they recover compensation. Such a setup can ease financial stress, allowing injured pedestrians and their families to pursue a case without worrying about upfront legal costs.
Let Us Handle Your Claim for Compensation
Recovering from a pedestrian accident involves facing physical, emotional, and financial hurdles. Asking how much compensation you can get for a pedestrian accident is not just about money—it’s about having the resources to rebuild life after trauma.
Having a lawyer to represent your interests can make a significant difference. By investigating the accident, documenting injuries, negotiating with insurance companies, and, if necessary, taking the case to trial, a lawyer can help secure compensation that fully reflects the severity and scope of your losses.
If a pedestrian accident injured you or someone you love, consider speaking with a New York-based lawyer at William Mattar Law Offices. Each case is unique, and while past results do not guarantee future outcomes, having guidance can help ensure that your voice is heard and your interests are protected.
We have offices in Buffalo, Syracuse, and Rochester, and our personal injury lawyers can serve clients throughout New York, including Albany, Long Island, Binghamton, Watertown, Plattsburgh, and New York City. Call our main office in Williamsville, NY, at 716-444-4444 or contact us online anytime, 24/7.