Pedestrian Accident Lawyer
Pedestrian Accident Lawyer Brooklyn, NY
Being struck by a vehicle as a pedestrian is one of the most traumatic and life-altering experiences a person can endure. Unlike drivers, pedestrians have no protection when a car, truck, or motorcycle hits them. The resulting injuries are often catastrophic, and the road to recovery can be long, painful, and financially devastating.
New York law protects pedestrians, and drivers who fail to yield, run red lights, or drive recklessly can be held fully accountable for the harm they cause. Our Brooklyn personal injury lawyers have fought for injured pedestrians since 2008, helping victims and their families recover the full compensation they deserve. We handle every aspect of your claim from start to finish. You pay nothing unless we win.
$45M+
RECOVERED FOR CLIENTS
2008
ESTABLISHED IN BROOKLYN
$0
FEE UNLESS WE WIN
After the Accident
What to Do After a Pedestrian Accident in Brooklyn
Call 911 Immediately
If you are physically able, call 911 right away. A police report is one of the most important pieces of evidence in a pedestrian accident claim. Make sure officers document the scene, the driver’s information, and your injuries before leaving.
Seek Medical Attention Right Away
Even if you feel you can walk away, see a doctor the same day. Pedestrian accidents frequently cause internal bleeding, traumatic brain injuries, and spinal damage that may not be immediately apparent. A same-day medical record creates critical documentation for your claim.
Document the Scene
Take photos and videos of the location where you were hit, the vehicle involved, the driver’s license plate, traffic signals, crosswalk markings, skid marks, and any visible injuries. If you are unable to do this yourself, ask a bystander to help.
Gather Witness Information
Pedestrian accidents in Brooklyn often occur at busy intersections with many witnesses nearby. Collect the names and contact details of anyone who saw what happened. Eyewitness accounts can be powerful evidence against a driver who disputes liability.
Do Not Speak to the Driver’s Insurance Company
Insurance adjusters will often contact you quickly after an accident in an attempt to obtain a recorded statement or offer a fast, low settlement. Do not speak with them or accept any offer before consulting a personal injury lawyer. Early settlements almost always undervalue pedestrian injury claims.
Call Cherny & Podolsky
The sooner our attorneys get involved, the stronger your case. We act fast to preserve surveillance footage from nearby businesses and traffic cameras, gather witness testimony, and deal directly with all insurance companies on your behalf.
Common Causes
Common Causes of Pedestrian Accidents in Brooklyn
Brooklyn’s dense population, heavy vehicle traffic, and complex street network make it one of the most dangerous boroughs in New York City for pedestrians. The most common causes of serious pedestrian accidents include:
Failure to Yield at Crosswalks
Drivers who fail to yield to pedestrians in marked or unmarked crosswalks are responsible for a large percentage of pedestrian injuries and fatalities throughout Brooklyn every year.
Running Red Lights and Stop Signs
Drivers who blow through red lights and stop signs at intersections put pedestrians crossing legally directly in the path of moving vehicles.
Distracted Driving
Texting, phone use, adjusting navigation systems, and other distractions take a driver’s eyes off the road and significantly increase the risk of striking a pedestrian.
Left and Right Turn Violations
Many pedestrian accidents occur when drivers making turns at intersections fail to check for pedestrians who have the right of way in the crosswalk.
Drunk and Impaired Driving
Alcohol and drug-impaired drivers have reduced reaction times and impaired judgment, making them significantly more likely to strike pedestrians, often at high speed.
Speeding in Residential and School Zones
Excessive speed dramatically reduces a driver’s ability to stop in time when a pedestrian steps into the roadway, and greatly increases the severity of impact.
Backing Vehicles
Drivers reversing out of driveways, parking spots, and loading areas frequently fail to check for pedestrians behind them, causing serious injuries especially to children and the elderly.
Rideshare and Delivery Vehicle Accidents
The growing presence of rideshare and delivery vehicles making frequent stops and pulling in and out of traffic creates additional pedestrian hazards throughout Brooklyn’s streets.
Injuries We Handle
Brooklyn Pedestrian Accident Injuries We Represent
Pedestrians struck by vehicles have no physical protection and often sustain some of the most severe injuries seen in personal injury cases. Our attorneys represent victims who have suffered:
- Traumatic brain injuries (TBI)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Hip and pelvis fractures
- Knee and leg injuries
- Internal organ damage
- Shoulder and arm injuries
- Severe road rash and lacerations
- Facial injuries and scarring
- Crush injuries and amputations
- Emotional trauma and PTSD
- Wrongful death of a family member
Your Recovery
What Compensation Can You Recover
New York is a no-fault insurance state. After a pedestrian accident, your own auto insurance policy, if you have one, or the driver’s no-fault coverage may provide initial medical benefits. However, if your injuries meet the serious injury threshold under New York law, you have the right to bring a direct claim against the at-fault driver for full damages.
- Past and future medical expenses
- Lost wages and lost earning capacity
- Rehabilitation and physical therapy costs
- Home care and personal assistance costs
- Out-of-pocket expenses related to the injury
- Pain and suffering
- Emotional distress and anxiety
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Loss of consortium
Why Cherny & Podolsky
Brooklyn's Trusted Slip and Fall Law Firm Since 2008
Established in Brooklyn Since 2008
We are not a national call center. We are a Brooklyn law firm with a physical office at 2681 East 14th Street and attorneys who know the local courts, judges, and the streets where these accidents happen every day.
Over $45 Million Recovered
Our track record speaks for itself. We have recovered millions in settlements and verdicts for pedestrian accident victims and other personal injury clients throughout Brooklyn and greater New York.
Fast Evidence Preservation
Surveillance footage from traffic cameras and nearby businesses is often overwritten within days. We act immediately to secure video evidence, police reports, and witness statements before they are lost.
Multilingual Staff
Our team serves clients in English, Russian, Spanish, and other languages, ensuring every client fully understands their rights and what is happening with their case at every stage.
No Fee Unless We Win
We handle all pedestrian accident cases on a contingency fee basis. You pay absolutely nothing unless we recover compensation for you. No upfront costs, no financial risk to you.
Direct Attorney Access
You will work directly with your attorney, not a paralegal or case manager. We maintain close, personal relationships with every client from the first call to the final resolution.
Common Questions
Frequently Asked Questions
What if the driver who hit me fled the scene?
If the driver fled and cannot be identified, you may still be able to recover compensation through your own uninsured motorist coverage or through the Motor Vehicle Accident Indemnification Corporation (MVAIC), a New York fund established specifically for victims of hit-and-run and uninsured drivers. Our attorneys will identify every available source of compensation for you.
What if I was crossing outside of a crosswalk when I was hit?
You may still have a valid claim. New York follows a pure comparative negligence rule, meaning you can recover compensation even if you were partially at fault. Your award will be reduced by your percentage of fault. For example, if you are found 30% responsible, you can still recover 70% of your total damages. Do not assume you have no case – contact us to evaluate your situation.
How long do I have to file a pedestrian accident lawsuit in New York?
The statute of limitations for personal injury claims in New York is generally three years from the date of the accident. However, if a city-owned vehicle, MTA bus, or any government entity was involved, you may have as little as 90 days to file a Notice of Claim. Contact us immediately so no deadline is missed.
What if the driver who hit me was uninsured?
You may be able to recover compensation through your own uninsured motorist coverage if you have an auto insurance policy. If you do not have coverage, MVAIC may provide a remedy. Our attorneys will review every available option to ensure you are not left without recourse simply because the at-fault driver lacked insurance.
Can I make a claim if a loved one was killed in a pedestrian accident?
Yes. If a family member was killed by a negligent driver, you may be entitled to bring a wrongful death claim. Surviving spouses, children, and other dependents may recover compensation for funeral expenses, lost financial support, and the loss of the victim’s care and companionship. Our attorneys handle wrongful death cases with the care and sensitivity these situations demand.
How much is my pedestrian accident case worth?
The value of your claim depends on the severity of your injuries, the extent of your medical treatment, your lost income, and the available insurance coverage. Pedestrian accident cases frequently result in significant recoveries due to the severity of injuries involved. We offer free consultations to evaluate your case and give you an honest, realistic assessment of its value.
How long does a pedestrian accident case take in Brooklyn?
Many pedestrian accident cases settle within 12 to 24 months. Cases that involve severe injuries, disputed liability, or government entities may take longer. Our attorneys will give you a realistic timeline based on the specific facts of your case and keep you informed every step of the way.
Injured in a Brooklyn Slip and Fall Accident?
Time matters after an accident. Evidence can disappear quickly as traffic footage is overwritten, witnesses move on, and insurance companies work to limit their exposure. Acting sooner gives you a better chance at building a solid case and recovering the compensation you deserve. Reach out today for a free consultation.
