Being hit by a negligent driver while walking can change your life in an instant. Unfortunately, pedestrian accidents are all too common in areas like downtown Rochester, where crowded streets and crosswalks create potential danger zones. Among the worst scenarios are hit-and-run accidents—when a driver causes severe harm and flees the scene. If you or someone you care about has been a victim of such an incident, you may feel overwhelmed, in pain, and unsure of how to proceed. That’s where we can come in.
At William Mattar Law Offices, we understand how devastating hit-and-run pedestrian accidents can be. Our legal team is dedicated to helping injured pedestrians seek compensation for their injuries, medical expenses, lost wages, and emotional suffering. We focus solely on motor vehicle accidents, meaning you get experienced lawyers with extensive experience handling pedestrian accident claims just like yours. Speak with a New York hit-and-run pedestrian accident lawyer today for a free consultation to explore your legal options and get started on the path toward justice.
Table of contents
- Why Choose William Mattar Law Offices for Your New York Pedestrian Hit and Run Accident Claim
- Hit and Run Laws in New York
- Why do Hit and Run Pedestrian Crashes Happen?
- Do I Have a Pedestrian Accident Case?
- Common Pedestrian Accident Injuries
- What Duty Do Motorists Owe to Pedestrians?
- What If I’m Partly to Blame for My Injuries?
- The Insurance Company Made Me an Offer. Should I Take It?
- Compensation Available to Pedestrian Accidents in New York
- New York Hit-and-Run Pedestrian Accident FAQs
- Contact the New York Hit-and-Run Pedestrian Accident Lawyers at William Mattar Law Offices Today
Why Choose William Mattar Law Offices for Your New York Pedestrian Hit and Run Accident Claim
When you choose William Mattar Law Offices, you’re gaining a dedicated legal team that can work around the clock to protect your rights. We know how complex hit-and-run cases can be, and we provide guidance you need during one of the most difficult times of your life.
Our attorneys have handled countless pedestrian accident cases across the state and are familiar with the unique challenges of pursuing compensation after a hit-and-run accident. We know how to use accident reconstruction engineers, review surveillance footage, and connect with law enforcement to identify the at-fault party when a driver attempts to escape accountability. Even if the negligent driver cannot be located, we can help you fight for fair compensation through your own insurance company’s uninsured motorist coverage. No matter the circumstances, our legal team will fight tirelessly to make sure your voice is heard.
At William Mattar, P.C. our focus is always on you—our client. Pedestrian crashes often result in severe or even fatal injuries, which can lead to overwhelming medical bills, lost income, and countless moments of physical and emotional pain. Our New York pedestrian accident lawyer is here to shoulder the legal burden so you can focus on your recovery. And with our proven track record of obtaining successful settlements and trial verdicts, you can trust us to aggressively pursue maximum compensation for your personal injury case.
Hit and Run Laws in New York
According to New York State Vehicle and Traffic Laws, it is illegal to leave the scene of an accident without reporting it to police if you have reason to believe someone has been injured. Drivers who commit a hit-and-run where the accident in question involves an injury can face a criminal charge involving fines or even jail time. The at-fault driver in a hit-and-run pedestrian crash may also be liable for civil damages suffered by the injured victim.
Why do Hit and Run Pedestrian Crashes Happen?
For many people, it may be difficult to understand why a motorist would intentionally leave the scene of a serious accident. As discussed, the legal consequences of doing so, especially when a person has been injured, can be severe. And still, hit and runs happen all the time.
Here are a few frequent causes of hit and run pedestrian accidents:
- The driver panicked. In some hit and run cases, the driver may panic and drive away from the scene out of fear. This decision may be a result of split-second instinct to flee rather than confront what has happened.
- The driver was under the influence. The Centers for Disease Control and Prevention (CDC) reported that almost half of all pedestrian crashes involve alcohol-impairment, either on the part of the driver or pedestrian. If a driver is under the influence of alcohol or drugs, they also may be more likely to leave the scene of the accident.
- The driver is in legal trouble. If the driver who hits a pedestrian is already under legal pressure of some kind, they may be motivated to leave an accident to avoid law enforcement. For instance, a hit and run driver may have an outstanding warrant or invalid driver's license.
- The driver is uninsured. Auto insurance is mandatory in the state of New York. And yet, some drivers still travel the roadways without insurance coverage. A driver who causes a pedestrian accident may leave the scene if they know they are not carrying insurance.
No matter the reason for the hit and run that caused your injury, you should not have to deal with the consequences alone. Call William Mattar, P.C. today to see how our pedestrian accident lawyers can help you after your accident.
Do I Have a Pedestrian Accident Case?
One of the most common questions we hear from injured pedestrians is, "Do I have a case?" The answer largely depends on whether the accident was caused by someone else’s negligence. Under New York law, negligence is the foundation of most personal injury claims, including pedestrian accident lawsuits. To prove negligence, the following four elements must be established:
- Duty of Care: All drivers have a legal obligation to operate their motor vehicles with reasonable care. This includes obeying traffic laws, yielding to pedestrians in crosswalks, and staying alert to avoid accidents.
- Breach of Duty: A driver is considered negligent when they fail to uphold this duty of care. Examples include running a red light, texting while driving, speeding, or failing to yield to a pedestrian.
- Causation: To have a successful pedestrian accident claim, you must show that the driver’s breach of duty directly caused your injuries. For instance, if the driver was texting and hit you while you were lawfully crossing the street, their negligence would be the cause of your injuries.
- Damages: Finally, you must demonstrate damages resulting from the accident. This could include medical expenses, lost wages, pain and suffering, and other costs related to your injuries.
Once these elements are established, you may have a viable personal injury claim. At William Mattar, our experienced pedestrian accident lawyers will work diligently to investigate your accident, gather the necessary evidence, and build a compelling case on your behalf.
Common Pedestrian Accident Injuries
Pedestrian accidents often result in devastating injuries due to the vulnerability of those on foot compared to the size and weight of a motor vehicle. Victims of hit-and-run accidents, in particular can suffer from injuries that range from serious to catastrophic, including:
- Broken Bones. Fractures in the arms, legs, ribs, or pelvis are common in pedestrian collisions.
- Spinal Cord Injuries. These injuries can lead to long-term disability, including partial or complete paralysis.
- Traumatic Brain Injury (TBI). A blow to the head during the accident can result in memory loss, cognitive issues, or lifelong impairments.
- Internal Organ Injuries. Damage to internal organs often requires emergency surgery and prolonged medical care.
- Debilitating Injuries. Pedestrian crashes can cause severe injuries that leave victims unable to work or enjoy day-to-day activities.
Pedestrian accident victims often face significant physical and emotional pain, alongside mounting medical bills and lost wages. Our legal team will pursue fair compensation for all your damages, working to ensure that you receive the support you need during this challenging time.
What Duty Do Motorists Owe to Pedestrians?
Motorists in New York have a legal responsibility to ensure the safety of pedestrians. They must follow traffic laws, maintain vigilance, and operate their vehicles responsibly to prevent pedestrian accidents. This includes yielding to pedestrians at crosswalks, stopping at red lights and stop signs, obeying speed limits, and refraining from distracted driving activities like texting or phone use. Reckless behaviors, such as speeding through school zones or failing to check for pedestrians while turning, breach the duty of care a motorist owes.
Pedestrians, too, must adhere to established safety rules. They are required to cross streets only at designated crosswalks, avoid jaywalking, and follow signals at intersections. Additionally, pedestrians should remain alert, especially in high-traffic areas. Both parties contribute to road safety through mutual caution. However, when a motorist violates their duty of care and causes harm to a pedestrian, they can be held accountable for resulting injuries through a pedestrian accident claim.
What If I’m Partly to Blame for My Injuries?
It's not uncommon for pedestrians to feel they could have contributed to their accident. Perhaps you were crossing outside a crosswalk, distracted by your phone, or walked against a signal. While these actions may suggest partial responsibility, they do not automatically disqualify you from seeking compensation. This is because New York follows a pure comparative negligence rule.
Under this rule, even if you are partly at fault for the accident, you can still recover damages. However, your compensation will be reduced in proportion to your percentage of fault. For example, if a court finds you 20% responsible for the incident, you would still be eligible to recover 80% of your total damages. A personal injury attorney can evaluate your case and work to minimize any blame placed on you, ensuring you receive the financial support you deserve.
The Insurance Company Made Me an Offer. Should I Take It?
If you’ve received an offer from an insurance company, it may be tempting to accept it quickly, especially if you’re dealing with mounting medical bills or lost wages. However, it’s critical to consult a New York pedestrian accident attorney before making any decisions. Initial offers from insurance companies are often much lower than the true value of your claim. These companies prioritize their bottom line and may employ tactics to shortchange you.
Common strategies include downplaying the severity of your injuries, disputing the at-fault driver’s negligence, or rushing you into a settlement before you fully understand the extent of your damages. Without experienced legal representation, you could lose out on fair compensation for medical expenses, pain and suffering, lost wages, and future costs related to your injuries. An attorney at William Mattar, P.C. can negotiate on your behalf, ensuring the insurance company doesn’t take advantage of you.
Compensation Available to Pedestrian Accidents in New York
Victims of pedestrian accidents in New York may be eligible for various forms of compensation to help rebuild their lives. Depending on the circumstances, damages may include:
- Medical Expenses. Reimbursement for hospital stays, surgeries, rehabilitation, and ongoing medical treatments.
- Lost Wages. Compensation for income lost during your recovery, as well as the loss of future earning capacity if your injuries result in long-term disability.
- Pain and Suffering. Monetary damages for the physical and emotional strain caused by your injuries.
- Wrongful Death Damages. In the tragic event of a fatal pedestrian accident, family members may be entitled to compensation for funeral and burial expenses, and the deceased’s lost future earnings.
Our attorneys can help assess the full scope of your damages to seek fair compensation that reflects the impact the accident has had on your life.
New York Hit-and-Run Pedestrian Accident FAQs
Here are answers to some commonly asked questions regarding hit-and-run pedestrian accident cases in New York.
How much does a personal injury attorney cost?
At William Mattar, P.C., like most personal injury lawyers, we work on a contingency fee basis. This means you don’t pay any upfront fees, and we only get paid attorney's fees if we successfully recover compensation for you. During your free consultation, we’ll explain our fee structure and answer any questions so you fully understand the process.
What is the statute of limitations for a pedestrian accident claim?
New York law generally gives you three years from the date of the accident to file a personal injury lawsuit - but the time limitation can be much shorter. If the accident resulted in a loved one’s death, you may have two years to file a wrongful death lawsuit. It’s important to act quickly, as missing these deadlines can prevent you from seeking compensation.
How can an attorney help if the hit-and-run driver is not found?
Even if the at-fault driver cannot be located, a lawyer can help you pursue compensation through your uninsured motorist coverage or other insurance options. Attorneys also collaborate with accident reconstruction specialists to identify potential leads and maximize your chances of recovery.
What should I do immediately after a New York pedestrian accident?
Your health and safety come first. Seek medical attention, even if you think your injuries are minor. Report the accident to the police and document the scene if possible. Then, contact a pedestrian accident lawyer at William Mattar, P.C. to start your claim and protect your rights.
Contact the New York Hit-and-Run Pedestrian Accident Lawyers at William Mattar Law Offices Today
If you’ve been injured in a pedestrian accident, a personal injury lawyer from William Mattar, P.C. can help guide you. Here’s how our experienced legal team can help:
- Conduct a thorough investigation of your hit-and-run accident to uncover critical evidence.
- Negotiate with insurance companies to fight for the maximum compensation you deserve.
- Collaborate with medical experts and accident reconstruction engineers to strengthen your case.
- Represent you in court if your case goes to trial.
Don’t wait—justice is within reach. Call William Mattar Law Offices today at (716) 444-4444 or through our online form for a free consultation with a compassionate, experienced New York hit-and-run pedestrian accident lawyer.