Pedestrian Accidents

Get medical attention immediately, even for minor pain. Call 911 so police document the scene properly. Document everything, photograph your injuries, the vehicle that struck you, skid marks, and any traffic control devices. Collect driver information and witness contacts. Time matters. Written notice to the at-fault driver's no-fault carrier is required within 30 days of the accident under 11 NYCRR § 65-1.1. The benefits application (NF-2 form) is due as soon as reasonably practicable, typically within 45 days. Insurance Law § 5102 governs the serious injury threshold and PIP basics but does not set the notice deadlines, which are in the no-fault regulations. Miss this deadline and you'll lose benefits. If your injuries meet the "serious injury" threshold under Insurance Law § 5102(d), fractures, significant limitation of function, permanent disability, you can sue beyond no-fault. Vehicle and Traffic Law § 1151 gives pedestrians right-of-way at crosswalks, but comparative fault still applies if you were jaywalking or distracted. Don't discuss fault with anyone.

Absolutely. Police documentation becomes critical when the driver claims you "darted into traffic" or weren't in the crosswalk. Under VTL § 1151, drivers must yield to pedestrians with the right-of-way, and insurance adjusters will review every detail of the record when evaluating your claim. The responding officer creates an official record before memories fade and stories change. They'll note skid marks, traffic signals, crosswalk positioning, details that disappear within hours. Even if you feel fine initially, adrenaline masks injuries that surface days later. Police reports also trigger proper no-fault PIP benefits up to $50,000 within 30 days of treatment. Without documentation, insurers delay payments while they investigate basic facts.

Yes, pedestrian injuries often don't surface immediately. You might feel shaken but functional at the scene, then wake up with severe neck pain or headaches days later. That's your body's stress response masking the damage. Under New York's no-fault system, you've got 30 days to submit written notice for PIP benefits covering up to $50,000 in medical expenses. Miss that window and you're relying entirely on the driver's liability coverage. More importantly, if you later need to prove serious injury under Insurance Law § 5102(d), fractures, significant disfigurement, or permanent limitation, you'll need contemporaneous medical records documenting the trauma's immediate effects on your body. Sometimes pedestrians who initially refused treatment can end up in the ER with concussions or internal injuries days later. Getting evaluated promptly protects both your health and your ability to document what happened.

Not going to the hospital right away does not mean you cannot pursue a claim. Adrenaline masks pain. You felt okay walking away, but now your back's screaming. That's normal after a pedestrian strike, shock protects you initially, then the full extent of your injuries becomes clear over the following hours or days. Here's what matters legally: get medical attention today and tell them about the accident. Insurance companies scrutinize treatment gaps, claiming delayed care means the injury was related to another incident. Document everything from the start. Also, you've got 30 days under Insurance Law § 5102 to file no-fault paperwork, regardless of who hit you. Miss that window, and you may lose $50,000 in medical coverage. If the driver fled, your own SUM/UM policy might cover you. If the city's broken crosswalk signal contributed, that's a separate claim against NYC, but only if filed within 90 days. Don't let treatable injuries become permanent problems while deadlines expire.

Start with the crosswalk itself, was it marked? Functioning signal? Your right-of-way under Vehicle & Traffic Law § 1151 depends on these specifics. Photograph sight lines from the driver's position. Parked cars, construction barriers, or overgrown bushes that blocked their view become your defense against comparative fault claims.

Document lighting conditions precisely. Broken streetlights or insufficient illumination affect liability calculations when insurers might argue you weren't visible. Write down the driver's exact words while you remember them. "I didn't see you" versus "I was checking my phone" makes a huge difference. If they seem impaired, note specific behaviors, speech patterns, coordination, alcohol smell. Hit-and-run cases need witness descriptions and partial plates since your SUM coverage requires proving contact with an uninsured vehicle.

Drivers routinely claim pedestrians "came out of nowhere", a statement that tends to favor their position in fault determinations. Under VTL § 1151, vehicles must yield right-of-way at crosswalks, but fault analysis goes deeper than surface blame. Police reports aren't gospel. Vehicle impact patterns tell the real story; where you were struck, damage location, skid marks. These physics reflect what actually happened, regardless of what drivers say afterward. It is possible insurance adjusters will call within hours. You are not required to speak with them, and can contact an attorney to represent your interests before engaging.

Shared fault doesn't eliminate your case under New York's pure comparative negligence rule. Even if jaywalking or crossing against signals reduces your recovery by your fault percentage, it doesn't zero it out completely. The math's straightforward: $100,000 in damages with 40% fault on you means $60,000 recovery. But determining that fault percentage becomes the real fight. Vehicle & Traffic Law § 1151 creates a strong presumption favoring pedestrians in crosswalks, while Insurance Law § 5102(d) ensures your no-fault PIP coverage applies regardless of fault. Insurance adjusters will examine every detail, were you visible, predictable, following signals, and their assessment of those factors shapes the fault percentage assigned to you. That's why witness statements and surveillance footage from nearby businesses matters.

Determining fault starts with Vehicle and Traffic Law § 1151, which gives pedestrians right-of-way in marked crosswalks, but that's just the beginning. We examine whether you were crossing lawfully, if the driver had a clear view, and what the signal phase was when impact occurred.

Police reports matter, but they're often incomplete. We reconstruct the scene using traffic camera footage, witness phones, and sometimes accident reconstruction experts who can calculate speeds from vehicle damage patterns. Offending drivers of claim the person "darted out", we counter that with concrete evidence about sight lines, reaction times, and whether they were speeding or distracted. Pure comparative fault under CPLR 1411 means even if you bear some responsibility, you can still recover.

Chain-reaction crashes turn pedestrian cases into forensic puzzles. The first car might've stopped properly for you in the crosswalk, only to get rear-ended and pushed into your path. Vehicle & Traffic Law § 1151 still applies, every driver must yield to pedestrians, but now you're sorting through which impact actually caused your injuries. Policy limits become your friend here. Instead of one driver's $25,000 minimum coverage, you're potentially looking at multiple policies responding. The rear-ending driver, the pushed vehicle, maybe even a third car that couldn't stop in time. New York's pure comparative fault rule protects you even if you were jaywalking, your recovery gets reduced by your percentage of fault, but you may still collect from every negligent driver. Document the scene immediately because each insurer will conduct its own liability investigation, and those investigations often produce conflicting conclusions about which driver bears responsibility, while your medical bills pile up.

Drunk drivers who strike pedestrians face enhanced criminal penalties under Vehicle & Traffic Law § 1192 when someone gets hurt. But that won't pay your medical bills. The real fight happens with their insurance company, which will scrutinize whether you had the walk signal and stayed within the crosswalk boundaries. Field sobriety test footage becomes powerful evidence in settlement negotiations. Insurance adjusters can't easily dispute a driver who failed three balance tests before hitting you in a marked crosswalk. Police reports documenting phone use at the time of impact may carry similar weight. Even if you were jaywalking, New York's pure comparative negligence rules mean a drunk driver still bears the majority of fault when they hurt a pedestrian.

You don't have to give a recorded statement to any insurance carrier, including your own. You can decline until you've decided whether to hire an attorney. Statements given in the days after an accident often happen before the full medical picture develops. Soft tissue injuries and concussions can get worse over weeks, not hours, and an early statement can understate what you're actually dealing with. The same goes for describing how the accident happened. Memory and documented detail rarely line up perfectly in the first days, and casual phrasing chosen on the spot can be read in ways you didn't intend later. New York uses pure comparative fault, which means your recovery is reduced by your percentage of fault. How the accident gets described in an early statement can affect that percentage. Pedestrians have the right-of-way in marked crosswalks under VTL § 1151, but the way the incident is described can shape how that plays out. The practical move: give basic identifying information, decline the recorded statement, and let your medical picture and the investigation develop before giving any detailed account.

Don't rush into anything. Early settlement offers are typically calculated before your full damages are known, and pedestrians can qualify for compensation beyond no-fault benefits. If your injury meets the serious injury threshold under Insurance Law § 5102(d), fractures, significant disfigurement, limitation of use of a body function, you might be entitled to compensation for pain, suffering, and lost wages. Vehicle & Traffic Law § 1151 gives pedestrians the right-of-way in crosswalks, creating a presumption the driver was negligent. Even jaywalkers can recover under New York's comparative fault system. That early offer often reflects none of these factors.

Pedestrian denials usually attack your location when the crash happened. Adjusters claim you weren't in the crosswalk or crossed against the signal, using Vehicle & Traffic Law § 1151 to argue the driver had right-of-way. We challenge these denials with intersection evidence. Traffic camera footage, skid marks, and witness statements can prove you were legally crossing when struck. Even if you contributed to the accident, New York's pure comparative fault rule means you can still recover substantial damages. Their initial denial letter is a negotiation tactic, not a final determination.

In New York, pedestrians injured by cars are generally entitled to up to $50,000 in no-fault benefits regardless of fault, covering medical expenses and lost wages. Pain and suffering claims usually require proof of a “serious injury.” If the at-fault driver is uninsured or flees the scene, uninsured motorist coverage under your own or a resident relative’s auto policy may apply. When no insurance is available, MVAIC may provide last-resort benefits, but strict notice and police-reporting deadlines apply, especially in hit-and-run cases.

A person seriously injured by underinsured drivers may quickly exhaust the driver’s minimum liability coverage limits. Supplemental Underinsured Motorist (SUM) coverage under the pedestrian’s own auto policy or a resident relative’s policy may provide additional compensation. However, insurers may argue that the pedestrian was partially at fault. For example, by crossing outside the signal or failing to yield can reduce recovery under New York comparative negligence rules. Claims for pain and suffering generally still require proof of a “serious injury” under New York Insurance Law § 5102(d). Early collection of witness statements, surveillance footage, and accident evidence can be important in disputed cases.

Your own carrier can deny or limit coverage in three main scenarios: a no-fault dispute, a UM or SUM dispute, or where multiple policies could apply and each carrier argues another should pay first. Each follows a different procedural path.

No-fault disputes go through carrier review and arbitration before reaching court. UM and SUM disputes typically require arbitration under the policy terms first. Coverage primacy disputes ( multiple liable policies) can hold up payment from any carrier until the question is resolved.

Common reasons your own carrier might deny or limit a claim include a determination that the injuries do not meet New York's serious injury threshold, disputes over which policy is primary, or a determination that the treatment is no longer related to the accident. These determinations can be challenged. The carrier's initial decision is not the final word on what you are entitled to recover, and policy terms typically include specific appeal and arbitration mechanisms.

The practical move: keep complete records of all treatment, do not stop care because a carrier has cut off payment unless your doctor agrees treatment is complete, and have the denial reviewed before accepting it.

Delayed symptoms are common. You absorb massive force when a 4,000-pound vehicle strikes you, but shock and adrenaline may mask the damage initially. Brain injuries don't announce themselves with sirens, they develop over 24-72 hours as swelling increases. Delayed symptoms are common after pedestrian impacts, and adjusters often weigh whether the gap between accident date and symptom onset creates an opening to challenge the claim. They might claim your headaches, dizziness, or back pain came from another incident, not from being thrown onto asphalt. That's why immediate medical evaluation matters, even if you feel fine walking away from the scene. The 30-day written notice requirement under Insurance Law § 5102(b) runs from the accident date, not when pain starts. Miss that window and you forfeit $50,000 in PIP coverage for medical bills and lost wages. Document every symptom as it appears, these records become critical evidence.

Concussions and traumatic brain injuries can occur in pedestrian accidents because the head has no protection from a vehicle's mass and force. Symptoms often appear hours or days after the impact: headaches, memory gaps, nausea, difficulty concentrating, sleep disruption, sensitivity to light and sound, and mood changes. Emergency rooms typically prioritize bleeding and broken bones, so a brain injury can go undocumented in the initial visit even when symptoms are already developing.

Getting evaluated by a head trauma specialist is a good way to protect your health. Neurological evaluation, neuropsychological testing where appropriate, and follow-up care over time ensure your safety and develop the medical record that supports the claim. Your family members may be noticing symptoms like changes in your personality, irritability, cognitive shifts. These are also part of the picture and worth documenting.

In New York, no-fault benefits cover medical care up to $50,000 regardless of fault, with written notice required to the at-fault driver's carrier within 30 days of the accident. Recovering pain and suffering damages on top of that requires meeting the serious injury threshold under Insurance Law § 5102(d), which brain injuries with documented cognitive or functional effects can satisfy.

The practical move: get evaluated by a neurologist or neuropsychologist if you have any head-impact symptoms, follow the recommended care plan, and keep the record complete. The medical documentation is important.

Pedestrian permanent disability cases turn on medical proof that meets New York's "serious injury" standard under Insurance Law § 5102(d). You'll need objective evidence, not just pain complaints. MRI studies showing disc herniations. Orthopedic measurements proving limited range of motion. Neuropsychological testing documenting cognitive deficits from traumatic brain injury.

The defense will schedule their own medical exam to dispute your limitations. They'll claim pre-existing arthritis caused your back problems, not the crash. That's why consistent treatment records matter enormously. Document every accommodation you need at home. Can't lift your child anymore? Write it down. Stopped playing tennis because your knee won't bend? Tell your doctor. These functional limitations translate directly into case value when properly documented with credible medical evidence.

Case value can't be accurately predicted from a summary of the accident. A realistic answer requires investigation: the severity and permanence of the injuries have to be established, the liability picture has to be developed, the impact on work and daily life has to be documented, and the available insurance coverage has to be identified.

Pedestrian cases vary substantially in value because pedestrian injuries themselves vary substantially. A case involving a minor injury with full recovery looks very different from a case involving permanent disability or a traumatic brain injury. Two cases with similar injuries can still have very different values depending on the strength of the liability evidence and the available insurance coverage.

Any attorney who quotes a specific number based on a brief description of the accident is guessing. A realistic case value emerges from the investigation, not from the initial intake.

Settlement value in a pedestrian case comes from four factors working together.

First, the nature and extent of the injuries. Severity, permanence, surgical history, and the medical trajectory going forward all drive the damages picture. Cases involving fractures, traumatic brain injuries, permanent disability, or significant disfigurement may meet New York's serious injury threshold under Insurance Law § 5102(d), which is required to recover pain and suffering damages beyond the no-fault PIP cap.

Second, the strength of the liability case. This includes the police report, witness accounts, surveillance footage, traffic signal data, and any documented violations by the driver. Drivers must yield to pedestrians in crosswalks under VTL § 1151, and a clear right-of-way violation strengthens the liability picture significantly.

Third, comparative fault. A pedestrian who crossed against a signal or outside a crosswalk may share some fault. Under New York's pure comparative fault rule, recovery is reduced by the pedestrian's percentage of fault but is not barred. A pedestrian who is 30 percent at fault still recovers 70 percent of damages.

Fourth, the available insurance coverage. Pedestrians access no-fault PIP benefits through the at-fault driver's policy up to a $50,000 cap. Pain and suffering damages come from the driver's bodily injury liability coverage, which varies by policy. If the driver was uninsured or fled the scene, uninsured motorist coverage on the pedestrian's own auto policy (or a household member's policy) becomes the recovery source.

Most people don't realize that a single New York auto insurance policy actually contains several separate coverages, each doing a different job. Understanding which one applies to your situation is one of the first steps in any pedestrian or accident case.

Bodily injury liability is the coverage you hear about most. It's expressed as two numbers like 25/50, meaning $25,000 per person and $50,000 per accident. This coverage pays for injuries the policyholder causes to other people. It's what funds a claim for pain and suffering when the policyholder is at fault. $25/50 is New York's legal minimum, though many drivers carry higher limits.

Personal Injury Protection (PIP), also called no-fault, is a separate coverage on the same policy. Every New York auto policy must include $50,000 in PIP, regardless of what the liability limits are. PIP pays the policyholder's own medical bills and lost wages after an accident, no matter who was at fault. It also pays for pedestrians and cyclists struck by the vehicle. This is the coverage that handles the immediate medical care after a crash.

Within that $50,000 PIP cap, lost wages have their own limits: 80 percent of gross earnings, up to $2,000 per month, for up to three years from the accident. So someone earning $5,000 a month would receive the $2,000 monthly maximum rather than 80 percent of their actual wages. The cap is set by the state, not the policy.

Uninsured Motorist (UM) coverage is also mandatory in New York at minimum 25/50. It applies when the at-fault driver has no insurance or flees the scene. The policyholder's own UM coverage steps in to pay what the missing insurance would have covered.

These three coverages work independently. A pedestrian struck by a driver with a minimum 25/50 policy still has access to that driver's full $50,000 in PIP for medical bills and lost wages, plus up to $25,000 in bodily injury liability for pain and suffering if the serious injury threshold is met. If the driver carried higher limits, the bodily injury portion expands accordingly.

The practical takeaway: the minimum auto policy in New York provides more recovery than the 25/50 number suggests, because PIP and UM are separate coverages running alongside it. Identifying every applicable coverage source is part of what an investigation establishes early in any case.

Yes, and pedestrian injuries often demand extensive future care because your body can't withstand vehicle impact. When a 4,000-pound SUV strikes you in a crosswalk, the damage extends far beyond what emergency rooms can fix.

Your orthopedic surgeon might predict knee replacement surgery in eight years, or your neurologist could recommend ongoing monitoring for traumatic brain injury symptoms. These aren't speculation, they're medical necessities based on your specific injuries. New York's no-fault coverage provides $50,000 for immediate treatment under Insurance Law § 5102(a), but serious pedestrian injuries exceed that quickly. Your future medical claim comes from the at-fault driver's liability insurance, where there's no cap. Document every medical opinion about future needs. Insurance adjusters will challenge speculative treatments, but they can't dispute clear medical recommendations from your treating physicians.

Timeline varies based on the complexity of the case and the severity of the injuries. There isn't a standard number that applies to all pedestrian cases.

A few factors drive the timeline. The medical trajectory is the biggest one: cases involving injuries that are still developing or require ongoing treatment generally can't be evaluated accurately until the medical picture stabilizes. Serious injuries often require extended treatment before a meaningful case value can be established, while cases involving complete recovery within a few months tend to move faster.

The liability picture also matters. Cases with clear liability and adequate insurance coverage typically proceed differently than cases involving disputed fault, multiple parties, or coverage disputes. Hit-and-run cases, cases against government entities, and cases involving commercial vehicles each have their own procedural rhythms.

Settling too early often means accepting a number before the long-term effects of the injury are known. Experienced counsel typically advises waiting until the medical trajectory is clear, because the cost of underestimating a case at the outset is significantly higher than the cost of waiting.

Every personal injury case has the potential to go to trial, and Schwartzapfel Holbrook prepares cases that way from the outset. Whether a particular case is resolved through settlement or proceeds through trial depends on factors that aren't predictable at the start: the strength of the evidence as it develops, the parties' positions on liability and damages, the available insurance coverage, and the willingness of both sides to take the case to a jury.

The preparation work is the same in either direction. Building a case for trial means preserving evidence early (surveillance footage, traffic signal timing data, witness statements), establishing the medical record, identifying every responsible party, and developing the legal theories that support recovery. That work establishes the case's actual value, which is what informs any settlement discussion.

If liability is disputed or the available coverage is insufficient for the injuries involved, filing suit becomes the path forward. Litigation provides the formal discovery tools (depositions, subpoenas, document production) that aren't available in pre-suit negotiation.

Reality is that cases that are prepared for trial from the outset tend to be evaluated more seriously by all parties involved, which is the firm's standard approach regardless of how the case ultimately resolves.

Cases involving a commercial truck add complexity that ordinary auto accident cases don't have, but they also typically provide more available coverage and more sources of potential liability. Commercial drivers are governed by Federal Motor Carrier Safety Administration regulations covering hours of service, vehicle maintenance, driver qualifications, and drug and alcohol testing. Violations of those regulations can serve as direct evidence of negligence.

Discovery in trucking cases reaches further than in standard auto cases: electronic logging device data, driver logs, dispatch records, maintenance histories, and drug and alcohol test results are all subject to preservation and production. Recovering this evidence requires immediate written preservation demands because the data is routinely overwritten on the carrier's standard retention schedule.

Commercial trucking policies typically carry significantly higher liability limits than personal auto policies. The universe of potentially liable parties often includes the driver, the trucking company, the maintenance contractor, the cargo loader, the freight broker, and in some cases the shipper or the vehicle manufacturer.

Pedestrian-versus-truck cases tend to produce severe injuries due to the size and weight disparity, which makes the additional coverage and investigative depth particularly significant. The practical move: identify the trucking company and any markings on the vehicle at the scene if possible, and consult with an attorney quickly so preservation demands can go out before the trucking company's standard data retention cycle erases the most important evidence.

Rideshare pedestrian collisions trigger both no-fault coverage and the company's app-based insurance tiers. You'll receive $50,000 in PIP benefits within 30 days regardless of fault, but serious injury damages under Insurance Law § 5102(d) require proving the rideshare driver's liability.

The driver's app status controls coverage levels. Period 1 provides minimal protection while they're logged in waiting for rides. Periods 2 and 3, after accepting a pickup request, activate the full $1 million policy. Vehicle & Traffic Law § 1151 governs right-of-way at crosswalks, and rideshare drivers can't claim ignorance of basic traffic rules.

We preserve the app's trip data immediately because it shows the driver's exact location, speed, and passenger status at impact. Personal auto policies often exclude rideshare activity, making the company's coverage your primary recovery source. The insurance carrier evaluates your medical records against their policy limits, not against whether you were their customer.

Pedestrian-versus-cyclist accidents follow a different framework than pedestrian-versus-vehicle cases. Cyclists aren't covered by New York's no-fault system because bicycles aren't motor vehicles, so PIP doesn't apply. The case proceeds as an ordinary personal injury claim against the cyclist.

Recovery typically comes from the cyclist's homeowner's or renter's insurance, which usually includes personal liability coverage for injuries the policyholder causes to others. If the cyclist was working at the time (food delivery, courier service, e-bike delivery), the employer or platform company may also be responsible, which can significantly expand the available coverage. Identifying whether the cyclist was on a personal ride or in the course of employment is one of the first investigative questions.

The practical move: get the cyclist's name and contact information at the scene, photograph the bicycle and any delivery bags or company markings, and identify any witnesses.

CPLR § 214 gives you three years to file, but pedestrian cases can't wait that long. Surveillance footage from corner bodegas or other businesses get overwritten quickly. Traffic signal timing data, crucial if the walk signal malfunctioned, disappears. The NYPD's accident report might not capture whether you were in the crosswalk legally, so witness statements need to happen while people still remember.

New York's no-fault system requires written notice within 30 days, even when you're the pedestrian. That $50,000 in PIP benefits covers medical bills immediately, but only if you follow Insurance Law notice requirements precisely. Hit-and-run cases trigger your own insurance company's uninsured motorist coverage, creating additional notice deadlines you can't miss.

If the city's broken crosswalk signal or missing stop sign contributed to your accident, General Municipal Law § 50-e demands a Notice of Claim within 90 days. Not 91. The city's engineers will inspect that intersection eventually, but their repair work destroys the evidence of what was wrong when you got hit.

Yes. Cases involving a government vehicle operate on much shorter deadlines than ordinary motor vehicle cases, and missing those deadlines almost always ends the case.

For most New York City and municipal entities (NYC, NYCTA, MTA buses, sanitation trucks, NYPD vehicles, school buses operated by the DOE, fire and EMS vehicles), a Notice of Claim must be filed within 90 days of the accident under General Municipal Law § 50-e. The lawsuit itself must be filed within one year and 90 days under GML § 50-i, which is significantly shorter than the standard three-year statute that applies to ordinary personal injury cases.

For New York State vehicles (State Police, state DOT vehicles, state agency vehicles), the procedure is different. Claims against the State are filed in the Court of Claims, with a 90-day notice of intention to file a claim and a two-year deadline for the underlying claim.

The Notice of Claim has to identify the specific entity that owns or operates the vehicle, and filing against the wrong entity does not restart the clock. If multiple entities were involved (an NYPD car and a state vehicle, for example), separate notices may be required on different procedural tracks.

The practical move: identify the specific government entity involved as early as possible after the accident, and consult with an attorney before the 90-day window closes. Early investigation matters because the procedural rules are technical and unforgiving.

Waiting too long can foreclose the case entirely. New York's statute of limitations for personal injury claims is three years from the date of the accident under CPLR § 214. If a government entity was involved (a city vehicle, a sanitation truck, a municipal road condition), the deadlines are dramatically shorter: a Notice of Claim must be filed within 90 days, and the lawsuit itself must be filed within one year and 90 days. Missing the applicable deadline almost always ends the case regardless of how strong the underlying facts are.

The deadlines also affect the evidence picture long before they expire. Surveillance footage from nearby businesses and traffic cameras typically gets overwritten within weeks. Witness memories fade. Physical conditions at the scene change as cities repair signals, repaint crosswalks, and adjust signage. The longer the delay between the accident and the start of the investigation, the more difficult it becomes to build the case even if the legal deadlines haven't run out yet.

Written notice to the at-fault driver's no-fault carrier is also required within 30 days of the accident to preserve PIP benefits, which cover medical bills and lost wages while the underlying case develops.

The practical move: consult with an attorney as soon as possible after the accident, even if the injuries seem minor or the case feels straightforward. Early consultation lets the investigation start while evidence is still available and protects every applicable deadline.

Schwartzapfel Holbrook has handled pedestrian accident cases across New York City and Long Island for more than 40 years, and the firm's approach is built around the realities of these cases: evidence disappears quickly, and the investigation has to start immediately to preserve it.

Surveillance footage from traffic signals, nearby businesses, and dashboard cameras lives on short retention timelines and gets overwritten within days or weeks. Witness contact information becomes harder to obtain as time passes. Physical evidence at the scene degrades. Recovering this record requires written preservation demands to the right parties within hours, not days.

The firm approaches pedestrian cases with the same investigation depth used in commercial trucking and construction cases: identifying every responsible party, securing the evidence record before it degrades, and developing the case for trial from the outset. Pedestrians are claimants who deserve the same evidentiary rigor that defendants bring to disputing these cases.

There is no substitute for experience and preparation.

Schwartzapfel Holbrook handles personal injury cases on a contingency fee basis. There is no upfront cost to hire the firm and no hourly billing. The firm is paid only if the case results in a recovery. If there is no recovery, you owe no attorney's fee.

New York regulates contingency fees in personal injury cases, and the specific terms that apply to your case are set out in the written retainer agreement provided at the start of representation. The firm's fee represents one third of the total amount we recover for you. Case-related expenses such as accident reconstruction, expert witnesses, and court filing fees are advanced by the firm during the case and reimbursed from the recovery at the end. If there is no recovery, those expenses are generally absorbed by the firm rather than billed to the client.

The full terms of the fee and expense arrangement are detailed in the retainer agreement, which you have the opportunity to review and ask questions about before signing.