Legal Recourse for Pedestrians Injured in Hit-and-Run Accidents
Being struck by a car is traumatic enough, but when the driver flees the scene, the aftermath can be even more stressful and confusing. Pedestrians injured in hit-and-run accidents often face serious injuries, mounting medical bills, and uncertainty about how they will recover both physically and financially. At Dupée & Monroe, P.C., our Goshen pedestrian accident lawyers help injury victims in Orange County and the mid-Hudson Valley understand their legal rights and pursue compensation for the harm they must endure, even when the at-fault driver is unknown or cannot be located.
Understanding Hit-and-Run Accidents Involving Pedestrians
New York law requires drivers involved in an accident to stop and provide information, and to offer aid if someone is injured. When a driver hits a pedestrian and leaves the scene without stopping, they are committing a crime. The failure to stop is not only a breach of legal duty but also an action that can hinder emergency response and increase the harm suffered by the victim. Unfortunately, hit-and-run accidents are all too common and can leave victims with little information to identify the at-fault party.
Pedestrian injuries in hit-and-run accidents can be severe, including broken bones, traumatic brain injuries, spinal cord injuries, internal organ damage, and more. Because pedestrians lack any physical protection, they are highly vulnerable in collisions with motor vehicles. These types of injuries often require prolonged hospitalization, rehabilitation, and, in some cases, lifelong care. Emotional trauma, including anxiety and PTSD, is also common among hit-and-run victims, particularly when the driver responsible has not been brought to justice.
Receiving immediate medical attention after getting hit by a car is critical to the health and safety of a pedestrian, making a hit-and-run even more despicable when the victim is a vulnerable pedestrian.
What to Do After a Hit-and-Run Accident
If you are injured in a hit-and-run accident, your first priority should be getting medical attention. Prompt medical care can not only save lives but also create a record of your injuries, which is crucial for any subsequent legal action. If possible, try to remember or document any details about the vehicle, such as make, model, color, license plate number, or even part of it. Look around for witnesses, surveillance cameras, or businesses that may have captured the incident on video.
Even small details, such as the direction the vehicle was travelling in or unique damage to the car, can help authorities identify the driver. Witnesses who may have seen the crash or its aftermath should be asked to provide statements and contact information. The more information you can gather, the better your chances of eventually identifying the driver or building a strong case for compensation through other means.
Filing a police report is essential. Not only is it required by law, but it also creates an official record of the incident that will be crucial when filing an insurance claim or pursuing a lawsuit. Police reports often include investigative details, such as diagrams, statements from witnesses, and any surveillance footage that may have been obtained.
Legal Options for Hit-and-Run Victims in New York
Even if the driver cannot be located, injured New Yorkers may still be able to recover compensation through various legal avenues, such as the following:
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Uninsured Motorist (UM) Coverage
If you have auto insurance, your uninsured motorist coverage may apply even though you were not driving when you were hit. In New York, UM coverage is mandatory and applies to accidents involving uninsured or unidentified drivers, including hit-and-run cases. This coverage can provide compensation for medical bills, lost income, and other damages. It is important to notify your insurer as soon as possible after the accident to initiate the claims process. -
New York State Motor Vehicle Accident Indemnification Corporation (MVAIC)
For individuals who do not have their own insurance and are not covered under a household policy, the MVAIC may provide compensation. This state agency helps victims of accidents involving uninsured or unidentified drivers. There are strict eligibility requirements and deadlines, so acting quickly is essential. Applicants must demonstrate that they made reasonable efforts to identify the vehicle and that no other insurance coverage is available. -
Lawsuits Against Third Parties
In some cases, a third party may be liable for contributing to the accident. For example, if poor roadway maintenance or a defective traffic signal played a role, a municipality or contractor might be partially responsible. Property owners who failed to maintain safe sidewalks or parking lots might also bear some liability. A thorough investigation can help determine all potential sources of liability. Pursuing third-party claims can be complex, but they may offer another pathway to recovery when the driver is never found.
Additional Damages Available to Victims
Victims of hit-and-run accidents may be entitled to compensation for more than just their immediate medical expenses. Damages in a personal injury case may also include:
- Lost income and loss of future earning capacity
- Pain and suffering, both physical and emotional
- Rehabilitation and long-term care expenses
- Loss of enjoyment of life
- Out-of-pocket expenses, such as transportation or home modifications
The specific damages available depend on the circumstances of the case, the severity of the injuries, and the avenues of compensation being pursued. An experienced attorney can help calculate and document these losses.
Time Limits to File a Claim
New York law imposes strict deadlines on personal injury claims. In most cases, you must file a claim within three years of the date of the accident. However, if your claim involves a municipality (such as when poor road conditions or faulty traffic control are involved), you must file a Notice of Claim within 90 days and a lawsuit within one year and 90 days. For MVAIC claims, notice must be given within 90 days of the accident.
These deadlines are critical. Missing them could mean losing your right to seek compensation entirely. This is why it is vital to speak with an attorney as soon as possible following the accident.
How Dupée & Monroe, P.C. Can Help
At Dupée & Monroe, P.C., we understand how devastating a hit-and-run accident can be. Our experienced personal injury attorneys can help you explore every option for recovery, guide you through insurance claims or MVAIC applications, and, when appropriate, pursue litigation to hold negligent parties accountable.
We begin each case with a thorough review of the facts and evidence. Our team works with investigators and accident reconstruction experts to uncover any available surveillance footage, witness statements, or physical evidence that could help identify the responsible party. We also assist clients with filing timely claims with insurers and government agencies, ensuring compliance with all applicable procedures and deadlines.
Throughout the process, we remain committed to our clients’ well-being. We work hard to secure full and fair compensation for all your losses, whether that involves negotiating with an insurance company, representing you in front of the MVAIC, or litigating your case in court.
Moving Forward After a Hit-and-Run Accident in New York
Recovering from a hit-and-run accident is not only a physical and financial process, but also an emotional one. Victims may experience lasting trauma and feelings of injustice. At Dupée & Monroe, P.C., we are here to stand by your side, offering legal guidance, practical solutions, and determined advocacy.
If you or a loved one has been injured in a hit-and-run accident in Orange County or the Hudson Valley, contact Dupée & Monroe, P.C., in Goshen today for a free consultation. Let us help you protect your rights and pursue justice.
