Pedestrian Accident Attorney in Westchester County

How We Help After a Pedestrian Accident in Westchester, NY

By choosing Tomkiel & Tomkiel to help you recover after a Westchester pedestrian accident, you can expect:

Comprehensive Investigation

We’ll meticulously gather evidence — including police reports, witness statements, and medical records — to build a strong case on your behalf.

Aggressive Negotiation

Our skilled negotiators will handle all interactions with insurance companies, aiming to secure a fair settlement that covers your losses.

Litigate When Necessary

If an appropriate settlement isn’t achievable, we’re prepared to take your case to court and fight for your rights before a judge and jury.

Our team of Westchester County pedestrian accident lawyers works tirelessly to ensure our clients get the financial help they need.

We Handle All Types of Pedestrian Accidents

We assist people who have suffered various kinds of pedestrian accidents, including:

Crosswalk Accidents

These incidents happen when drivers fail to yield to pedestrians in marked or unmarked crosswalks.

Intersection Accidents

Collisions at intersections often result from vehicles turning or proceeding straight through without yielding to pedestrians.

Parking Lot Accidents

Pedestrians can be struck by vehicles that are entering or exiting parking lots, often due to limited visibility or driver inattention.

Hit-and-Run Accidents

These incidents occur when drivers flee the scene of an accident without providing assistance or information.

Distracted Driving Accidents

When drivers are distracted by things such as food, phones, or the radio, they are more likely to cause accidents.

Speeding Accidents

Excessive speed reduces a driver’s reaction time and hinders their ability to avoid pedestrians.

No-Risk Representation: Focus on Healing, Not Bills

You should be able to concentrate on recovering, not worrying about legal fees. That’s why we work on a contingency fee basis. This means there are no upfront fees. Instead, our fee is a percentage of the settlement or verdict, and you only pay us if we win. We also offer free consultations, allowing you to discuss your case with an experienced attorney at no cost.

Don’t let money be a barrier to getting the legal support you need. Contact us today to discuss your case and protect your rights.

Need a Pedestrian Accident Attorney in Westchester County, NY?

Tomkiel & Tomkiel’s team of trusted Westchester pedestrian accident attorneys is ready to fight for you. Schedule a free consultation today.

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Common Pedestrian Accident Injuries

Our team of Westchester pedestrian accident attorneys has extensive experience representing pedestrians who have suffered a wide range of injuries, including:

Brain Injuries

Pedestrian accidents can cause traumatic brain injuries (TBIs) that range from mild to severe and life-altering. Symptoms can include headaches, dizziness, memory loss, difficulty concentrating, and mood swings. Severe TBIs can lead to long-term disabilities, impacting your ability to work, learn, and live a normal life.

Burn Injuries

Burn injuries can happen from road rash (friction burns from being thrown to the pavement) or in cases of vehicle fires. They can result in pain, scarring, infection, and long-term disfigurement.

Catastrophic Injuries

The immense force of a car hitting a pedestrian can cause devastating injuries that require immediate and extensive medical care. These catastrophic injuries are severe, life-threatening wounds that can lead to permanent disability or death. Examples include traumatic amputations, internal organ damage, and spinal cord injuries.

Broken Bone Injuries

The impact of a car can easily break bones in any part of the body, commonly the legs, arms, pelvis, and ribs. These injuries often require medical intervention, including casting, surgery, or physical therapy.

Knee Injuries

The twisting motion of a pedestrian’s body during impact can easily lead to knee injuries like ligament tears, meniscus tears, and fractures. These injuries can significantly impact mobility, causing pain, swelling, and instability.

Paralysis Injuries

Being hit by a car can cause damage to your spinal cord, resulting in loss of movement and sensation. These injuries can lead to partial or complete paralysis, affecting mobility and bodily functions.

Spine Injuries

Beyond paralysis, spine injuries can also result in chronic pain, limited mobility, and nerve damage. These injuries often require extensive medical treatment and rehabilitation.

Maximize Compensation for Your Losses

If a pedestrian accident occurred due to someone else’s negligence, you may be entitled to financial compensation for a wide range of losses, including:

• Medical expenses: Covers doctor visits, hospital stays, surgeries, medications, physical therapy, and rehabilitation.
• Lost wages: Compensates you for income lost (past and future) due to your injuries and inability to work.
• Pain and suffering: Recognizes the pain, discomfort, emotional distress, mental anguish, and inconvenience you've experienced as a result of the accident.
• Loss of enjoyment of life: Addresses the negative impact your injuries have had on your ability to participate in activities you once enjoyed.
• Permanent disability: Compensates you for the long-term consequences of your injuries, covering costs associated with assistive devices, ongoing medical care, rehabilitation, and future lost wages due to permanent limitations.
• Property damage: Covers the cost of repairing or replacing any personal property damaged in the accident.
• Wrongful death: Compensates families for loss of companionship, loss of income, funeral expenses, and emotional distress.

Knowing what types of compensation are available is essential for maximizing your chances of recovering fair compensation after a pedestrian accident.

How to Protect Yourself After a Pedestrian Accident

If you are the victim of a pedestrian accident, there are some important steps you should take to protect your rights and well-being.

• Seek medical attention: This is essential for your health (even if you don't feel seriously injured), but it also creates a record of your injuries for a potential personal injury claim.
• Report the accident: Call the police and file an official record to document the accident and identify the at-fault party.
• Document the scene: Taking pictures of the accident scene, your injuries, and any damage to your property can serve as valuable evidence for proving negligence.
• Get witness information: Witness statements can provide valuable support for your case.
• Don't talk to the insurance company: The insurance company may try to obtain statements that could harm your case.
• Contact a lawyer: A Westchester County pedestrian accident attorney can guide you through the legal process, help you protect your rights, and seek compensation.

Taking these steps can make a significant difference in your ability to recover the compensation you need.

Don’t hesitate to seek legal advice and support. Contact Tomkiel & Tomkiel today for a free consultation.

How to Determine Liability in Pedestrian Accidents

Understanding who is liable for your injuries is crucial for securing compensation. Here’s what you need to know:

• Driver error: Drivers who cause accidents by actions like speeding, distracted driving, or failing to yield can be held responsible for the injuries they cause.
• Property owner negligence: If you're hurt on someone else's property due to poor conditions like broken sidewalks, inadequate lighting, or other hazards, the property owner may be liable.
• Government liability: Sometimes, governments can be held responsible for pedestrian accidents caused by poorly maintained roads and sidewalks.

When you work with our pedestrian accident attorneys, we’ll work to identify all potentially liable parties, prove their negligence, and ensure they are held accountable for your injuries.

Don’t Miss the Statute of Limitations (SOL)

In New York, you generally have three years from the date of a pedestrian accident to file a lawsuit and seek compensation. However, if the accident results in death, the deadline is two years from the date of death.

If the victim is a minor when the accident occurred, the 3-year SOL clock doesn’t begin to tick until the minor’s 18th birthday. Therefore, you have 3 years after their 18th birthday to file a claim. Also, the SOL for suing a government entity in New York is one year and 90 days from the date of the incident. However, you must file a Notice of Claim within 90 days of the incident to be eligible to file a lawsuit.

Missing these deadlines can mean losing your right to pursue compensation, regardless of the circumstances. Contact our Westchester County attorneys as soon as possible after a pedestrian accident to protect your rights and ensure you have the time needed to build a strong case.