When you're hit by a car while walking, your world is turned upside down. The driver’s insurance company may immediately try to blame you, claiming you darted into the road or weren't in a crosswalk. A White Plains pedestrian accident lawyer fights this unfair narrative with facts and advocates for your rights.
You’re not powerless. Under New York law, the driver's no-fault insurance is the primary source of payment for your initial medical bills. An experienced attorney protects you from the insurance company and works to secure the rest of the compensation you need to recover.
Contact the Law Offices of Jason B. Kessler at (914) 220-1088 for a free conversation about your case.
Table of Contents
- Why Choose Us for Your Pedestrian Accident Claim
- How a White Plains Pedestrian Injury Lawyer Helps You
- Common Causes of Pedestrian Accidents in White Plains
- Potential Compensation After a Pedestrian Accident in White Plains
- New York Laws That Affect Your Claim
- FAQ for White Plains Pedestrian Accident Lawyer
- We’ll Fight for Justice
Why Choose Us for Your Pedestrian Accident Claim
At the Law Offices of Jason B. Kessler, we understand the unique challenges faced by injured pedestrians. We’re committed to holding negligent drivers accountable and getting you the resources you need to rebuild your life.
Your Local Advocates
Our firm knows the specific dangers pedestrians face at busy intersections on Mamaroneck Avenue and Tarrytown Road, in the crowded parking lots of The Westchester and the Galleria Mall, and even on quieter streets in neighborhoods like Highlands or Gedney Farms.
We know where drivers get impatient, run red lights, or fail to yield. Our local knowledge is a real advantage when building your case. Our lawyers use their local insight to investigate the scene and reconstruct exactly how the driver's negligence caused your injuries.
We Challenge the Unfair Blame Game
The first move an insurance adjuster often makes is to blame the victim. We anticipate this tactic and are ready to fight back. We won't let them control the narrative with false claims about jaywalking or inattention.
Our job is to prove what really happened. A pedestrian injury attorney from our firm gathers evidence like traffic camera footage, witness statements, and the driver's cell phone records to establish the truth.
Focused on Maximum Recovery
A person on foot has no protection against a two-ton vehicle. The injuries are often severe, requiring extensive medical treatment and resulting in a long road to recovery. We pursue compensation that reflects the true, total impact the accident has had on your life.
We fight for a result that covers all your current and future medical needs, compensates you for every dollar of lost income, and acknowledges your physical pain and emotional suffering.
To speak with a dedicated White Plains pedestrian accident lawyer, contact the Law Offices of Jason B. Kessler today at (914) 220-1088.
How a White Plains Pedestrian Injury Lawyer Helps You
Your dedicated White Plains pedestrian accident attorney takes on every legal and administrative task for you. They handle the complex claim process so you can direct all your energy toward healing. Your lawyer is your guide, managing all the details of your case from start to finish.
Investigating To Prove Driver Negligence
Your claim's success rests on proving the driver was negligent. A skilled lawyer starts an immediate, independent investigation into the crash and acts quickly to preserve evidence before it is lost or destroyed.
A thorough investigation is the bedrock of your case. An attorney from our firm takes specific actions to build a strong foundation.
These actions often include:
- Securing Visual Evidence: Your lawyer finds and obtains any available video from traffic cameras, nearby business security systems, or even doorbell cameras that may have captured the incident.
- Interviewing Eyewitnesses: Independent witnesses who saw the driver's careless actions provide powerful testimony. Your attorney identifies and interviews these witnesses to get unbiased accounts of what happened.
- Analyzing Official Reports: Your personal injury lawyer obtains and carefully reviews the police accident report, looking for details that support your case and identifying any errors or omissions that need to be corrected.
Handling All Insurance Company Communications
The at-fault driver's insurance company will want to speak with you right away. The adjuster's goal is to get you to provide a recorded statement they can use to minimize your claim. You don’t have to talk to them.
When you hire the Law Offices of Jason B. Kessler, we handle all these communications for you. Your pedestrian accident attorney in White Plains takes over all phone calls, emails, and paperwork. This protects you from the insurer’s tactics and lets you focus on your recovery in peace.
Calculating the Full Value of Your Claim
An insurance company's initial settlement offer rarely reflects the true scope of your losses after a serious accident. Your attorney works meticulously to calculate the full value of your claim. This includes not just your current bills but also all the future costs associated with your injuries.
A comprehensive calculation documents every aspect of your damages. Your lawyer may consult with medical and economic professionals to project future costs accurately. They build a detailed demand package that justifies the full compensation you need.
Fighting for Full Compensation
Your White Plains pedestrian accident attorney presents your case to the insurance company and handles all of the tough negotiations on your behalf. While most cases resolve through a settlement, our firm prepares every claim as if it will go before a judge and jury.
Our diligent preparation signals to the insurance company that we’re serious about securing damages, giving us significant leverage during negotiations. If they refuse a fair offer, we’re fully prepared to fight for you in court.
Common Causes of Pedestrian Accidents in White Plains
Most pedestrian accidents are predictable outcomes of a driver's carelessness or distraction. Drivers have a fundamental responsibility to be aware of their surroundings and look out for people on foot, especially in a busy city like White Plains.
When they fail in this duty, the results are devastating. Your White Plains pedestrian accident lawyer investigates to pinpoint the exact cause of your crash.
Common examples include:
- Distracted Driving: A driver looking at a phone isn’t looking at the road. Inattention may cause them to miss a pedestrian directly in their path.
- Failure To Yield: Many drivers rush to make turns or ignore people who are already in a crosswalk, failing to give them the right-of-way.
- Speeding and Reckless Driving: A driver who is speeding has less time to stop to avoid a collision and shows a clear disregard for the safety of those on foot.
- Impaired Driving: Driving under the influence of alcohol or drugs impairs a person's judgment and reaction time, making them a significant danger to any pedestrian.
Potential Compensation After a Pedestrian Accident in White Plains
When a vehicle strikes a pedestrian, the injuries are often catastrophic. The compensation you pursue must account for the profound impact the collision has had on every aspect of your life. Your lawyer’s job is to fight for a result that provides financial security for you and your family.
Economic Damages
These damages represent every dollar you have lost or spent because of the accident. They’re tangible, calculable losses backed by receipts, bills, and employment records.
A complete claim for economic damages covers all of your financial needs, including:
- Total Medical Bills: This includes every cost associated with your medical care, from the ambulance and ER treatment to surgeries, hospital stays, physical therapy, medication, and any assistive devices.
- Lost Income: This provides compensation for all the wages, salary, and benefits you lost while you were unable to work during your recovery.
- Future Lost Earning Capacity: If your injuries leave you with a permanent disability that prevents you from returning to your job or working at all, you may seek compensation for this lifetime loss.
Non-Economic Damages
These damages address the significant personal, non-financial ways the accident has harmed you. This suffering is very real and deserves to be recognized. An experienced lawyer knows how to build a powerful case demonstrating the extent of this personal harm.
Non-economic damages address your:
- Pain and Suffering: This compensation is for the physical pain, emotional trauma, and mental anguish you've gone through because of your injuries.
- Loss of Enjoyment of Life: You may seek compensation if the accident took away your ability to participate in the hobbies, activities, and daily life experiences that once brought you happiness.
- Permanent Disfigurement: This provides compensation for permanent scarring, limb loss, or other lasting physical changes to your body caused by the accident.
New York Laws That Affect Your Claim
New York has specific rules that govern personal injury claims. Your White Plains pedestrian accident attorney helps you navigate these laws.
Your Deadline To File a Lawsuit
New York law gives you a strict deadline to file a lawsuit after a pedestrian accident. This rule, called the statute of limitations, is generally three years from the date you were injured.
If you miss this deadline, the court will almost certainly refuse to hear your case, and you’ll lose your right to pursue compensation forever.
You need to act long before this deadline approaches. Contacting a White Plains pedestrian accident lawyer soon after the accident gives them time to conduct a thorough investigation. Evidence like video footage can be erased, and witnesses' memories can fade over time.
Comparative Negligence
The insurance company will likely try to blame you to pay you less. New York’s comparative negligence rule reduces your compensation by your percentage of fault.
For example, if a court found you 10% at fault for the accident, your final award would be reduced by 10%. An experienced attorney fights false accusations of blame with evidence.
FAQ for White Plains Pedestrian Accident Lawyer
Who Pays My Medical Bills After Being Hit by a Car?
In New York, the driver’s no-fault insurance is the primary payer for your initial medical bills and a portion of lost wages, up to the policy limit of $50,000. This applies even though you were a pedestrian.
You must file a no-fault application within 30 days of the accident. Your lawyer helps you manage this process while they build your separate personal injury claim against the at-fault driver for all other damages.
What if the Driver Says I Was Jaywalking or Not in a Crosswalk?
Even if you weren’t in a marked crosswalk, drivers still have a duty to see what is in the street and to avoid a collision if possible. An insurance company's claim that you were at fault isn’t the final word. A lawyer will investigate to determine if the driver was distracted, speeding, or otherwise negligent.
How Does a White Plains Pedestrian Accident Lawyer Help My Case?
A White Plains pedestrian accident lawyer builds your case with facts. They launch an independent investigation to gather evidence like traffic camera video, witness statements, and the driver’s cell phone records.
They handle all communication with the insurance company, manage all legal paperwork and deadlines, and hire experts (if needed) to prove how the driver's negligence caused your injuries and calculate the full extent of your losses.
What Do I Do if I Were Hit by a Car in a Parking Lot in White Plains?
A driver's responsibility to look out for pedestrians doesn’t disappear in a parking lot. Drivers in lots near places like the City Center or The Westchester must still operate their vehicles safely.
If a driver hit you because they were speeding, cutting across lanes, or backing up without looking, they’re still considered negligent, and you have the right to file a claim. Contact a personal injury lawyer to discuss your legal options.
What Happens if I Was Injured by a Hit-and-Run Driver?
You may still be able to recover compensation after a hit-and-run. If the driver cannot be found, you may file a claim through your own car insurance policy under its Uninsured Motorist (UM) provision. If you don't own a car but live with a family member who does, you might be covered under their policy.
If no other insurance is available, you may be able to file a claim with New York's Motor Vehicle Accident Indemnification Corporation (MVAIC). An attorney can help you navigate these options.
We’ll Fight for Justice
A negligent driver took away your safety and your health, but you have the right to demand justice and hold them accountable for the harm they've caused. Let us be your voice. You can focus on healing while our firm handles the entire legal fight.
Contact the Law Offices of Jason B. Kessler at (914) 220-1088 for a free, no-obligation consultation today.