Pedestrian Accident Attorneys | Lawyers for the Injured

Pedestrian Accidents2022-07-20T14:22:36+00:00

Personal Injury Lawyers Criminal Defense Attorneys Albany NY

Pedestrians Hit By A Vehicle | Personal Injury Lawyers & Attorneys

In this time of increased driver distractions, pedestrians are at greater risk of injury when sharing the roads with motorists. Motorists are required to keep a look out for pedestrians, to sound the horn when a reasonable driver would have done so to warn a pedestrian of danger and to operate their vehicle with reasonable care to avoid hitting any pedestrian on the roadway. Motorists are also required to obey vehicle and traffic laws including yielding the right of way to pedestrians in certain circumstances. If you are hit by a vehicle, you’ve likely suffered severe injuries and will have a long recovery period.

Frequently Asked Questions about Pedestrian Accidents

Our personal injury lawyers provide answers to some important questions below.

What do I have to prove to win a pedestrian injury case?2020-07-08T19:56:08+00:00

If a driver drives distracted, speeds or is negligent in any other way, and strikes a pedestrian, a personal injury lawyer can bring a claim on your behalf. The lawyer must show that the driver did not operate his vehicle safely, and that as a result, he caused you to suffer an injury. In a standard negligence case, the law requires the injured party to prove that the driver breached a duty of reasonable care to the pedestrian, and caused the pedestrian injuries.

Who will pay my medical bills if I am hit by a car?2023-06-13T14:40:20+00:00

If you were hit by a vehicle, the automobile insurance company of the driver who hit you is responsible for paying your medical expenses. In New York State, the No-Fault law allows for   payments for medical bills, a portion of lost earnings and reasonable expenses up to $50,000. Any medical provider you see should be informed that you were injured by a vehicle and the driver’s insurance information should be provided to your medical providers. It is important that your private insurance company does not pay for any of your medical expenses as it the responsibility of the automobile insurance to pay for these medical expenses up the first $50,000.

If I can’t work, how do I support my family after being hit by a car?2020-07-08T19:55:00+00:00

There are a few different options to assist you if you are out of work after being struck by a vehicle. First, you are entitled to seek no-fault coverage through the driver’s auto insurance carrier. The no-fault carrier will pay a portion of your lost earnings. A no-fault claim must be filed within 30 days of the accident. If the motorist who hit you has no insurance, you can turn to your own policy to submit a claim. If neither you nor anyone in your household has insurance, a claim can be submitted to the Motor Vehicle Accident Indemnification Corporation (MVAIC).  Depending how long you are out of work, you may consider applying for New York State disability insurance. Finally, a personal injury lawyer can pursue a claim for you for any expenses that no-fault does not pay for, as well as your pain and suffering against the driver who hit you, any other party that may have caused the accident, and in some instances, against your own automobile insurance policy if you have suffered a serious injury.

Can I recover damages for my pain and suffering if I am hit by a vehicle?2020-07-08T19:54:04+00:00

Yes. In New York, in order to receive money for your pain and suffering you must have suffered a “serious injury”. In NY, a serious injury is defined as:

  • Death
  • Dismemberment
  • Significant Disfigurement
  • Fracture
  • Loss of a fetus
  • Permanent loss or use of a body organ, member, function or system
  • Permanent consequential limitation of use of a body organ or member
  • Significant limitation of use of a body function or system;
  • A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.
How much time do I have after my accident to sue the person who hit me?2020-09-24T19:07:17+00:00

In most cases, you have 3 years from the date of the accident to pursue a claim against the driver/owner of the vehicle that hit you. If a death resulted from the accident, the statute of limitations is 2 years for a wrongful death claim. Additionally, the time limit can be as short as 90 days to file a notice of claim if you are  pursuing a claim against a town, city, village or the state or a transit authority such as the Capital District Transit Authority (CDTA).

Should I give a statement to the insurance company of the driver that hit me after I’ve been struck by a car?2020-07-08T19:51:00+00:00

No. The insurance company for the driver who hit you is trying to protect their driver, find a reason to blame you for the accident, and limit the amount of money they may have to pay you for your injuries. You should speak to a lawyer before giving any statement to an insurance company for the party responsible for the accident. If an insurance adjuster calls you, get the claim number and the phone number for the insurance agent and pass that information along to your lawyer.

Should I hire a lawyer after an accident?2020-09-24T19:09:37+00:00

If you have suffered serious injuries as a result of being hit by a vehicle, it is in your best interests to speak to a personal injury lawyer who has handled and is experienced with pedestrian injury cases. Before choosing a lawyer, make sure the lawyer is willing to listen to you and answer your questions. The best lawyers will guide you through the legal process and will work hard to obtain the most money for you.

How much will it cost me to hire a personal injury lawyer?2020-09-18T17:15:21+00:00

It will cost nothing for you to hire a personal injury lawyer because these cases are handled on a “contingency fee” basis which means a lawyer will only receive a fee if the lawyer successfully resolves your case by a verdict at a trial or by settlement. New York state limits the contingency fee lawyers can charge to one-third of the total settlement or verdict.

What should I bring to my first meeting with a personal injury lawyer?2023-06-13T14:58:35+00:00

You are not required to bring anything to the first meeting you have with your personal injury lawyer. However, certain things may be helpful for the meeting. These include:

  • photos of your injuries
  • photos of the vehicles involved
  • photos of the accident scene
  • medical records
  • the police accident report
  • names of any witnesses
  • a copy of your own automobile insurance policy and any automobile insurance policy for any relative you reside with
  • Last 2 years tax returns if you expect to be out of work
If the driver was not ticketed, can I still pursue a claim against him?2020-07-08T19:43:03+00:00

Yes. Even if the driver of the car that hit you was not ticketed by the police, a claim can still be pursued against the driver if the driver was at fault in causing the accident.

If I was in a crosswalk when the vehicle hit me is the driver automatically at fault?2020-07-08T19:42:29+00:00

If there are no traffic-control signals to direct a pedestrian about when to walk, the driver of a vehicle must yield the right of way to a pedestrian in a crosswalk by slowing down or stopping.  If a motorist fails to yield the right of way to a pedestrian as required by law, and strikes the pedestrian, the driver is responsible for the injuries suffered by the pedestrian. However, it is important to note that a pedestrian cannot suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield to the pedestrian.

What if I am hit by a car while crossing the road and was not in a crosswalk?2020-07-08T19:42:04+00:00

A driver is still required to use reasonable care to avoid hitting a pedestrian even if a pedestrian was not in a crosswalk. However, if you are not crossing at a crosswalk, the vehicle has the right of way.

Will I have to go to court if I bring a personal injury case?2020-07-08T19:28:30+00:00

Many personal injury cases settle before having to go to court.  However, in some cases an agreement cannot be reached as to who is responsible for the crash or what the fair value is of the injured person’s claim. In those instances, a trial by jury is needed. Ultimately, it is always up to the client to decide to settle if there is a settlement offer or proceed to trial.

Timeline of a Personal Injury Case

Recent Verdicts & Settlements

Nursing Home Negligence
An 87-year-old man was discharged from a local hospital on the afternoon of his death and returned to his assisted living facility. His health began to deteriorate throughout that evening; a nurse was told to check on him but never did. Facility staff found him unconscious on the floor in his room later that evening; paramedics were unable to revive him. It was claimed that the facility failed to obtain appropriate medical advice, assistance and treatment.


Medical Negligence
Plaintiff suffered injuries as a result of negligent monitoring of prescription medication.


Wrongful Death
Plaintiff, a 49-year-old man, was discharged from the hospital with critically low levels of potassium, which precipitated a fatal arrhythmia at home and subsequently caused his death. His family brought a claim against the hospital for medical negligence and wrongful death.


Bicycle Accident
Plaintiff suffered two dislocated shoulders and a dislocated elbow after he was struck by a vehicle, which negligently swerved onto the shoulder and into the bike lane.


Negligent Assault
Plaintiff was assaulted outside of a bar in Saratoga and as a result suffered a traumatic brain injury, a fractured skull, brain swelling and brain bleeding, facial contusions and bleeding, as well as lacerations and bruises on his body.  He also suffered from short and long term memory deficits and other cognitive deficits.


Worksite Injury
Plaintiff was an ironworker who was injured when he fell from a ladder, suffering fractures to both elbows resulting in permanent loss of strength and loss of range of motion in both arms. His impairment limited the number and types of employment opportunities and limited his future earning potential.


Automobile Accident
Plaintiff was a passenger in a vehicle which went off the road and rolled over, causing him to suffer significant permanent injuries, including skull fracture; fractured mandible requiring surgical placement of plates and screws; facial fractures and lacerations; sternal fracture; spinal fractures; lacerations to spleen, liver and lung; multiple rib and toe fractures; tinnitus and hearing loss; post-traumatic stress disorder; facial scarring and numbness.


Worksite Injury
Plaintiff was injured when a fork from a forklift truck fell on top of his left leg, severely fracturing the tibia and fibula, requiring numerous surgeries and resulting in a permanent, partial loss of use of his leg.


Farm/Tractor Accident
The infant plaintiff fell from a tractor being operated by a farm employee and was run over by the tractor. The 10-year-old boy suffered a femur fracture requiring surgery, multiple facial fractures requiring surgery, foot and toe fractures and loss of consciousness.


Federal Employers Liability Act/FELA
Plaintiff suffered a significant back injury while working for CSX.


Worksite Injury
Plaintiff, a roofing contractor, suffered a fractured skull, cervical spine fracture and fractured ribs after falling from a roof. The injuries left him with chronic pain and fatigue, limited tolerance for walking, lifting, or carrying and limitations in his hearing and vision.


* Prior results do not guarantee future outcomes.

LaMarche Safranko Law Testimonials


Vicki Testimonial Transcript
Well, I met George in 2014. My son was arrested for a criminal offense, and George—he has this ability, it’s just who he is. He’s genuinely empathetic and he’s very compassionate and he has the ability to just make you feel safe. You know? I just always felt I was in great hands and my son was in good hands and that we would have a good outcome of our situation and we always have. And he’s brilliant. He’s a brilliant lawyer. He’s very skilled and very creative. He has excellent rapport with all the judges and DAs and officials, and he’s always found a rehabilitative outcome for my son which I genuinely appreciate.

Laurie Testimonial Transcript
George was referred to me by my estate attorney. They go way back and it was a great referral, I don’t think I could have done any better, it was a very good match for me. Something that was really really instrumental in the whole thing was George keeping us up-to-date on what was going on and very much included. I was invited to be at all the depositions if I wanted to be and he gave me all the written depositions to read through, so I was always up-to-date on what was going on and I felt like a part of the process. I would definitely recommend George to other people. In fact, about 2 weeks ago I did. A friend of mine was in a pedestrian car accident, she was the pedestrian and is in pretty rough shape, and he was the first person I thought of so I actually asked him if it would be in his purview and he said yes. And I know that she’s very happy with him so far.

Jules Testimonial Transcript
What brought me to the firm was a personal incident where Andrew was recommended to me very highly by a family friend who’s also an attorney, and Andrew represented me to great satisfaction in that case. What impressed me the most about Andrew was his direct straightforward approach, and he has this incredible way of setting you at ease and yet telling you the good and the bad of a situation. I felt that he was very much a straight shooter and lived up to the reputation that preceded him. I would recommend them and Andrew Safranko to anybody in the world. They’re just that class of a group of people.

Chuck Testimonial Transcript
Well, I came to LaMarche Safranko Law because I knew Andy was here and he’s helped me in the past and I just feel so comfortable coming to him because you know you’re going to get the best outcome that you can get in a criminal law field. He’s done such a fabulous job for me and I’ve seen what he does for me, so I’m sure he’ll do the same—put out the same effort and energy and zeal it takes to win their case like he has mine. I would feel very comfortable recommending him.

“I wanted to express my deepest appreciation to Mr. Andrew Safranko for the exceptional job he did in regards to my legal representation. Mr. Safranko displayed the utmost in professionalism and discretion during the entire court process, and took the time to explain each and every step….

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A client from Schenectady, NY

“The staff at LaMarche Safranko Law took care of  whatever I needed, it was just fabulous. It was top shelf, if I called, I got George. If he was in a meeting, they left him a message. He called me right back after the meeting. Everybody was very courteous and very nice there. If I left a voicemail, everybody got back to me quickly. The level of service  was very, very good and I would Highly recommend them.”

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A personal injury client from Cohoes, NY

“Dear Andrew and George,

I cannot thank you enough for your hard work, diligence, and selfless manner that you put towards my legal difficulties in Colonie. From the first moment I met you, you helped reassure me that things were going to turn out in a more favorable manner than I originally thought. Clearly, the final result of my court case displays the quality of time and work that you put into this….

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A client from Colonie, NY

“I can honestly say that the best decision I’ve ever made was retaining George LaMarche as my attorney. I was in a situation where everything wasat risk; my career, livelihood, and the ability to provide for my family. In desperation, I contacted over a dozen attorneys. The majority of the lawyers I spoke with promised results without seeing paperwork or knowing valuable facts….

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A client from Albany, NY

“I wanted to take this opportunity to thank you for your excellent representation on my recent matter. I have worked with lawyers, and in law firms much of my professional life, but I have never encountered the rare mix of skill, integrity and humanity in one individual—you….

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A client from Rensselaer, NY

“My family and I cannot thank George and his staff enough for all of the support and guidance they have given us over the past six months. Anyone who has ever suffered a personal injury knows how difficult they are to overcome, but I’m glad we had such an intelligent and hardworking attorney on our side so I could focus on my recovery rather than on the details of the case….

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A personal injury client from Waterford, NY

“Dear George, Andy and Staff,

Thank you all for your kindness and all your help in getting back to my wellbeing and life.  I could not have done it without you all.  Everything is going so well again.  I recommend you highly. Thanks Again!”

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A client from Troy, NY

“Dear Mr. Safranko,

Thank You so much for answering my question, and so expediently!

The dedication, respect, and consideration with which you treat your clients, current and past, is remarkable. It is why I reached out to you when searching in my time of need, and why I would highly recommend…

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A client from Albany, NY

“I am an attorney who found himself in the middle of a serious, personal legal matter that compromised not only my personal life but my professional life as well. I immediately contacted Andrew (Andy) Safranko, Esq. Andy worked tirelessly and extremely hard to bring my legal situation to a very favorable resolution. In so doing, Andy not only saved certain aspects of my personal and professional life

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Anonymous Attorney from Albany, NY

“I cannot thank George E. LaMarche lll and his team for the excellent legal work they provided for my son, and in extension, our entire family. His experience, knowledge of the law, networking ability and communication is second to none. In our case, our son was wrongly accused by a small town police officer and charged with 5 tickets…

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A client from Altamont, NY

“Dear Andy,

Thank you so much for everything you have done for our son over the last three years.  This has been a very challenging time for our family and the knowledge that our son has an attorney as capable and amazing as you are has given us peace of mind!

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Parents of a client from Cropseyville, NY

“Throughout the attorney client relationship regarding my personal injury lawsuit, George and his staff continually exhibited tremendous amounts of legal knowledge, skill, and a vast amount of expert resources that ultimately resulted in a final judgment in my favor.  George was there every step of the way to explain where we stood and what to expect next and there was never a need to question his professional judgment…

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A client from Troy, NY

“The arrest of my husband in 2008 was an extremely difficult and emotional time for our family. The arrest turned our lives upside down. It was sudden and unexpected and had tragic emotional as well as financial consequences. I had no idea what to do under the circumstances….

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A client from Upstate New York

“No one likes to be in a bad situation, but if you need a lawyer George is your man. Not only does he point you in the right direction he offers good advice for your future. As much as we bring him business he does not encourage that next time anticipation….

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A client from Albany, NY
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