Pedestrian accidents can cause a variety of debilitating and painful injuries. Victims are often struck by careless motorists while using crosswalks and walking along sidewalks. Fortunately, negligent drivers can be sued for accidents they cause.
Injured parties can pursue payment through pedestrian accident lawsuits. However, most defendants are represented by insurance companies who will try to refute plaintiffs’ claims. Our pedestrian accident lawyers can help fight for fair compensation in your case.
If you suffered a pedestrian accident in Albany, get help recovering the monetary damages available to you. Get in touch with our experienced Albany pedestrian accident lawyers today by calling The Carrion Law Firm at (718) 841-0083. Our attorneys can review your case for free.
What to Do After a Pedestrian Accident in Albany
The aftermath of a pedestrian accident can be stressful and disorienting. Accordingly, it can be hard for victims to keep their composure. Still, there are certain steps you should take after suffering a pedestrian accident that will protect your ability to recover compensation for the harm you incurred.
Call 911
The first step you should take after suffering a pedestrian accident is to call 911. If you have any injuries that require immediate medical attention, the dispatcher can send an ambulance to provide emergency care.
Furthermore, after any accident that causes an injury, a police officer should visit the scene to draft an official accident report. Your accident report may contain information that points to the cause of your crash. For instance, the following information may be found in an officer’s report:
- Contact information from parties involved in the crash
- Statements from parties involved in the crash
- Statements from eyewitnesses
- A drawn diagram of the crash
- An officer’s personal notes regarding the crash’s cause
Therefore, accident reports are often the first items analyzed by lawyers and insurance companies when determining who is liable for pedestrian accidents. Our experienced Albany pedestrian accident lawyers can help recover and review a copy of the official accident report in your case.
Exchange Information
You should also exchange information with all of the motorists involved in your pedestrian accident if possible. This includes their contact information and their insurance information. Further, you should attempt to retrieve contact information from any potential witnesses to your crash. All of this can be very valuable to our Albany pedestrian accident lawyers when building your case.
Document the Scene
Next, you should document the scene of your pedestrian accident with photos and videos if possible. Photos from the scene of your accident can help prove and disprove assertions regarding the crash’s causes. For example, photos of a badly damaged vehicle can be used to show that a driver was speeding at the time of their pedestrian accident. Furthermore, photos showing clear weather at the time of an accident may be used to disprove a defendant’s argument that foggy conditions contributed to their crash. During your free case review, our Albany pedestrian accident lawyers can help assess any photos you took at the scene of your accident.
Seek Medical Care
You should not wait to seek medical care after suffering a pedestrian accident. First, a doctor must document your injuries in order for you to recover compensation in a pedestrian accident lawsuit. Waiting to let your injuries heal on their own could inhibit the amount of damages available to you.
Furthermore, defendants and their insurers may use a delay in medical treatment to argue that you were not truly hurt. Accordingly, you should seek medical attention as soon as possible after your crash. Also, you should be sure to attend any follow-up appointments and continue taking any prescribed medication. Our team can help find the right physicians for you.
Call Our Lawyers
Finally, you should call our Albany pedestrian accident lawyers for help filing your lawsuit and building your case. Our team can help bring your case to court and fight for the financial compensation you deserve.
Elements of a Pedestrian Accident Lawsuit in Albany
There are a multitude of legal strategies and analyses that may be used to recover damages in your case. However, in all pedestrian accident lawsuits, plaintiffs must demonstrate that each of the following elements are true:
- The defendant was under a duty of care
- The defendant failed to adhere to their duty of care
- You were injured because the defendant breached their duty
- You suffered damages as a result of the injuries you sustained
Determining if each of these elements has been established in your case can be a complicated task. During your free case review, our experienced Albany pedestrian accident lawyers can help evaluate the strength of your potential lawsuit.
Time Limit to File a Pedestrian Accident Lawsuit in Albany
Time limits to file specific types of lawsuits are governed by states’ statutes of limitations. According to C.V.P. Law § 214, you will generally have three years from the date of your pedestrian accident to file your case. Noncompliance with this deadline could cause you to miss out on payment.
However, parents may file pedestrian accident lawsuits on behalf of their children at any point until they turn 18. After turning 18, victims will then have three years to file their own lawsuits stemming from crashes that were suffered while they were minors. Our Albany pedestrian accident lawyers can help explain how the statute of limitations will apply to your case.
Still, no matter the circumstances of your case, you should contact our attorneys as soon as possible after suffering a pedestrian accident. Important evidence required to support your claim can become difficult to gather and preserve as time passes. For instance, witnesses can forget crucial details, and physical evidence can be misplaced. By contacting our team right away, we can more easily collect the information needed to win your case.
If You Suffered a Pedestrian Accident in Albany, Our Attorneys Can Help
If you were injured because of a pedestrian accident, seek guidance and support from our experienced Albany pedestrian accident lawyers by calling The Carrion Law Firm at (718) 841-0083 to review your case for free.