Can You File a Personal Injury Claim for a Pedestrian Accident in New York?
You were on foot, following the rules, and a driver hit you anyway. Now you are dealing with injuries, medical bills, and a lot of unanswered questions about what your legal options actually are. If you were involved in a pedestrian accident and are searching for a personal injury lawyer near Brooklyn, the answer to whether you can file a personal injury claim is almost always yes, and the compensation available to you may be significantly more than you expect. This guide explains who can be held liable, what laws protect you, and exactly what steps to take to protect your claim.
Pedestrian Accidents: Why They Are So Serious
Pedestrians have no protection when a vehicle strikes them. The physical consequences are often severe, including broken bones, traumatic brain injuries, spinal damage, internal injuries, and in the worst cases, permanent disability or death. Recovery can take months or years, and the financial impact can be equally devastating.
According to the National Highway Traffic Safety Administration, pedestrians account for a significant portion of all traffic fatalities in the United States every year, and urban areas see the highest concentration of these accidents. Streets with high pedestrian volume and dense traffic present constant risk for anyone on foot.
When a pedestrian is injured because a driver failed to exercise reasonable care, the law provides clear pathways to compensation through a personal injury claim. An experienced injury lawyer in Brooklyn can help you understand which pathway applies to your situation and what your claim may actually be worth.
Does New York's No-Fault Insurance Apply to Pedestrian Accidents?
Yes, and this is one of the most important things to understand right away. New York’s no-fault insurance system covers pedestrians struck by motor vehicles, not just drivers and passengers.
Under New York Insurance Law § 5102, a pedestrian hit by a vehicle can file a no-fault claim against the insurance policy of the vehicle that struck them. This means your medical bills and a portion of your lost wages can be covered regardless of who was at fault for the accident.
No-fault benefits for pedestrians include:
- All reasonable and necessary medical expenses related to your injuries
- 80 percent of lost gross earnings up to $2,000 per month for up to three years
- Transportation costs to and from medical appointments
- Other necessary out-of-pocket expenses resulting from the accident
You must file your no-fault application within 30 days of the accident. Missing this deadline can result in a denial of benefits, so acting quickly is essential.
When Can You File a Personal Injury Lawsuit Beyond No-Fault?
No-fault benefits cover your immediate financial losses, but they do not compensate you for pain and suffering, full lost wages, or long-term damages. To recover those losses, you must meet what New York calls the serious injury threshold and file a personal injury lawsuit against the at-fault driver.
Under New York Insurance Law § 5102(d), a serious injury includes:
- Significant disfigurement
- Bone fracture
- Permanent limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury that prevents you from performing substantially all of your usual daily activities for at least 90 of the first 180 days following the accident
- Death
Given the severity of most pedestrian accidents, a large number of victims meet this threshold. If your injuries fall into any of these categories, you have the right to pursue a full personal injury claim for all losses no-fault does not cover.
If you are unsure what documentation to start gathering right away, our guide on what evidence is needed for a personal injury claim covers exactly what matters most.
Who Can Be Held Liable in a Pedestrian Accident?
Identifying every responsible party is one of the most important steps in a pedestrian accident personal injury claim. Liability does not always rest with just the driver who struck you.
The driver of the vehicle is the most common defendant. Negligent behaviors that commonly lead to pedestrian accidents include distracted driving, failure to yield at crosswalks, running red lights, speeding, and driving under the influence.
The vehicle owner may be held liable separately from the driver if the owner gave permission for the vehicle to be used. In New York, vehicle owners can be held responsible for the negligent acts of anyone they permit to drive their vehicle under the doctrine of permissive use.
A government entity may be liable if dangerous road conditions, missing or defective traffic signals, poorly marked crosswalks, or inadequate signage contributed to the accident. Claims against government entities in New York require a Notice of Claim to be filed within 90 days of the accident, a much shorter deadline than standard personal injury claims.
An employer may be liable if the driver was acting within the scope of their employment at the time of the accident. Commercial vehicles, delivery drivers, and rideshare drivers are common examples where employer liability may apply.
A property owner may share responsibility if a hazard on or near their property contributed to the accident, such as a tree blocking a driver’s sightline or an obstruction pushing a pedestrian into traffic.
New York Pedestrian Right-of-Way Laws
New York law provides pedestrians with strong right-of-way protections, and violations of these laws by drivers are powerful evidence of negligence in a personal injury claim.
Under New York Vehicle and Traffic Law § 1151, drivers must yield to pedestrians crossing the roadway within any marked crosswalk or within any unmarked crosswalk at an intersection. Failure to yield is a traffic violation and, in the context of a personal injury claim, strong evidence that the driver breached their duty of care.
Under New York Vehicle and Traffic Law § 1152, pedestrians crossing a roadway outside of a crosswalk must yield to vehicles, but this does not eliminate a driver’s obligation to exercise reasonable care to avoid striking a pedestrian in any location.
Even if you were not in a crosswalk when you were hit, you may still have a valid personal injury claim. New York follows a pure comparative negligence rule, which means you can recover compensation even if you were partially at fault, though your recovery will be reduced by your percentage of responsibility.
What Compensation Can You Recover in a Pedestrian Accident Claim?
A successful pedestrian accident claim can result in compensation for a wide range of losses, including:
- All past and future medical expenses
- Full lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Out-of-pocket expenses related to the injury and recovery
The value of a pedestrian accident claim depends on the severity of the injuries, the clarity of liability, the available insurance coverage, and whether the injuries meet the serious injury threshold. Cases involving permanent disability, significant disfigurement, or long-term medical treatment tend to result in the largest recoveries.
What Steps Should You Take After a Pedestrian Accident?
The actions you take in the hours and days after a pedestrian accident can significantly affect the strength of your personal injury claim. Here is what matters most:
Call 911 immediately. A police report is one of the most important pieces of evidence in a pedestrian accident claim. Make sure a report is filed before leaving the scene if you are physically able to do so.
Seek medical attention right away. Even if you feel relatively fine, get evaluated by a doctor as soon as possible. Some injuries, including traumatic brain injuries and internal bleeding, may not show obvious symptoms immediately. Medical records directly linking your injuries to the accident are critical for your claim.
Document the scene. Photograph the vehicle that struck you, the location of the accident, any crosswalk markings or traffic signals, skid marks, and your visible injuries. If witnesses were present, collect their names and contact information before they leave.
Do not give recorded statements. The driver’s insurance company may contact you quickly and ask for a recorded statement. Do not provide one without speaking to an attorney first. Statements made without legal guidance can be used to reduce or deny your claim.
Consult a personal injury attorney as early as possible. Evidence fades, witnesses become harder to locate, and deadlines approach faster than most people expect. Early legal involvement protects your rights from the start.
For a complete walkthrough of the claims process, see our step-by-step overview of how personal injury claims work.
How Long Do You Have to File a Pedestrian Accident Claim in New York?
Deadlines vary depending on who you are filing against.
For claims against a private driver or vehicle owner, you generally have three years from the date of the accident to file a personal injury lawsuit under N.Y. C.P.L.R. § 214.
For claims against a government entity, such as the City of New York or a municipal agency, you must file a Notice of Claim within 90 days of the accident. The lawsuit itself must then be filed within one year and 90 days. Missing the 90-day Notice of Claim deadline can permanently eliminate your right to sue a government defendant.
No-fault applications must be filed within 30 days of the accident regardless of who is at fault.
Frequently Asked Questions
1. Can I file a personal injury claim if I was hit by a car while jaywalking?
Yes. New York follows a pure comparative negligence rule, which means you can still recover compensation even if you were partially at fault for the accident. If you were jaywalking when you were struck, your recovery may be reduced by your percentage of fault, but it is not eliminated entirely. The driver still has a legal obligation to exercise reasonable care to avoid striking pedestrians regardless of where they are crossing. An attorney can evaluate how fault may be allocated in your specific situation.
2. What if the driver who hit me fled the scene and was never identified?
If the driver fled and cannot be identified, you may still have options for recovery. If you have your own auto insurance policy with uninsured motorist coverage, you may be able to file a SUM claim against your own policy. If you have no auto insurance, you may qualify for benefits through the Motor Vehicle Accident Indemnification Corporation, known as MVAIC, which provides compensation to pedestrians injured by uninsured or unidentified drivers. You must file a Notice of Intention to Make Claim with MVAIC within 180 days of the accident.
3. Can I file a claim if I was hit by a rideshare vehicle such as an Uber or Lyft?
4. How long does a pedestrian accident personal injury claim typically take to resolve?
The timeline varies widely depending on the severity of injuries, the number of parties involved, and whether liability is disputed. Cases with clear liability and well-documented injuries may settle within several months. More complex cases involving severe injuries, multiple defendants, or disputed fault can take one to two years or longer, particularly if litigation becomes necessary. Your attorney can give you a realistic timeline after reviewing the specific facts of your case.
5. Does my immigration status affect my right to file a pedestrian accident claim in New York?
No. Immigration status does not affect your right to file a personal injury claim or receive no-fault benefits in New York. All individuals injured in pedestrian accidents in New York, regardless of immigration status, are entitled to the same legal protections and compensation rights as any other victim. An attorney can guide you through the process confidentially and without any requirement to disclose your immigration status.
What Pedestrian Accident Victims Need to Remember
Being struck by a vehicle on foot is one of the most traumatic experiences a person can go through. The injuries are serious, the recovery is often long, and the financial consequences can be overwhelming. But the law provides strong protections for pedestrian accident victims, and most people injured in these accidents have more legal options available than they realize.
No-fault benefits provide immediate financial support. A personal injury lawsuit against the at-fault driver can recover the full range of your losses if your injuries meet the serious injury threshold. Identifying every liable party, including the driver, the owner, an employer, or a government entity, can significantly increase your total recovery.
The most important thing you can do is act quickly. Deadlines are strict, evidence disappears, and every day without legal guidance is a day the other side is building their defense. Speaking with a personal injury attorney in Brooklyn, NY is the fastest way to understand your rights and find out exactly what you may be entitled to recover. Contact Cherny & Podolsky PLLC today to get started.
Disclaimer
This article is provided for informational purposes only and should not be considered legal advice. Personal injury laws and legal procedures may vary depending on the facts of each case. Reading this content does not create an attorney-client relationship. Individuals seeking legal guidance about a specific situation should consult a qualified attorney who can evaluate their case and provide appropriate legal advice.
