Man about to cross a New York crosswalk

Pedestrian Accident Attorney

Driver negligence causes thousands of pedestrian accidents that lead to serious injuries to people who are simply walking across the street.

If you were hit by a car, the Law Office of Michael H. Joseph, PLLC can help you with all aspects of your pedestrian accident case.

Learn how our New York City pedestrian accident attorneys can win you financial compensation if you were injured in a pedestrian accident.

Injured in a Pedestrian Accident? Contact Us for a Free Consultation

The injury attorneys at the Law Office of Michael H. Joseph, PLLC have been protecting New York City and White Plains, NY, area pedestrians who have been hit by cars and other motor vehicles for over two decades. If the driver of the vehicle was negligent, they can and should be held accountable for their actions, whether you suffered minor or serious injuries.

Mr. Joseph and his team can review the facts of your pedestrian accident case and help you file a pedestrian accident lawsuit. We have helped many pedestrian accident clients receive significant financial verdicts and settlements that helped them pay for medical bills and other expenses. Requesting a free consultation using our online form or by calling us is the first step. Let us focus on your case so you can focus on healing from your pedestrian accident.

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Read What Our Satisfied Clients Have to Say

1

Serguey Padron

2020

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Knowledgeable and efficient attorney who genuinely cares I would highly recommend Michael Joseph for legal matters involving injuries. I was in a car accident and Michael took my case without hesitation and gave me great advice. Michael was wonderful the whole time and kept in touch during the entire process. I never had to contact him for updates since he was right on top of things. The whole process moved a lot faster than I expected and Michael won my case. I’m grateful for everything he has done and for fighting for me as a victim of a car accident. If you ever need someone to represent you due to personal injuries don’t hesitate to contact Michael Joseph. You will never regret it!

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1

Kathy H

2021

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I had a great experience with The Law Office of Michael H. Joseph. Mr. John Tait represented me with my car accident case. I would like to say thank you Mr. Tait for taking my case, being so professional, kind and responsive to all my phone calls and emails. My previous attorney wanted me to settle for a very low amount and did not want to fight for me. Mr. Tait you fought for me and got me a reasonable settlement amount for my injuries. I would definitely recommend you to family and and friends! You love what you do and it shows through your passion and work ethic. Thanks again, for helping me!

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Are Pedestrian Accidents Common?

In highly populated urban areas, such as New York City, Manhattan, White Plains, Bronx, Queens, Brooklyn, Yonkers, New Rochelle, Ossining, Mamaroneck, Mount Vernon, and Nyack, pedestrian accidents that cause serious personal injuries, or worse, are a fact of life. 

Over 6,700 pedestrians were fatally injured by drivers in 2020

*According to NBCNews.com

Why Retain Our Pedestrian Accident Legal Team?

Careless drivers frequently hit people who are crossing the street and just trying to live their lives. When a pedestrian is hit by a car, truck, or another kind of motor vehicle, devastating personal injuries are frequently the result. If you or a loved one were injured because of a driver's negligence, retaining our experienced personal injury attorneys is the best thing you can do. Here's why:

  • We take on and win complex personal injury cases other New York law firms turn down.
  • Our New York pedestrian accident lawyers fight hard to get our clients the compensation they deserve for their personal injuries.
  • Our pedestrian accident lawyers will not back down when a big insurance company offers you a low ball settlement.
  • Our expert pedestrian accident attorneys can protect you and make sure you get the medical treatment you need.
  • We have offices in New York City and White Plains, NY, to make in-person appointments more convenient for you.
  • All forms and documents can be signed using virtual DocuSign should you be unable to come to our offices.
  • Our pedestrian accident attorneys will come to your home or hospital room if you can not physically visit one of our offices.
  • Our injury attorneys have vast knowledge of the New York state judicial system when it comes to personal injury law.
  • Our personal injury consultations are always free.
  • Our pedestrian accident lawyers work on a contingency basis, meaning they earn nothing unless you win a financial settlement. A percentage of your settlement or verdict will pay our fees.
  • You will receive personalized care from our attorneys and not be shuffled off to a paralegal when you have a question or concern.

What Should You Do After Being Hit by a Car?

People frequently call our New York City and White Plains, NY, offices and tell our pedestrian injury attorneys, "I was a pedestrian hit by a car in NYC today. What do I do?" The answer can be confusing because one moment you are crossing the street, and the next you are hit by a car and on your way to the hospital with no information. If you are able to, follow these steps:

  1. Call the police and your personal insurance company immediately.
  2. Document the accident and your injuries the best you can, especially if the driver fled the scene. If the driver remains, make sure you get their insurance information and license plate number.
  3. Once the police arrive, identify the insurance company of the driver who hit you because that insurance company is required by New York law to provide certain benefits, such as your medical bills and any lost wages while you are disabled.
  4. Do not say anything that might make it seem the pedestrian accident was your fault.
  5. Contact the Law Office of Michael H. Joseph, PLLC by calling our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330.

Does a Pedestrian Have to Prove the Driver's Guilt?

No. A pedestrian who was hit by a car or truck does not have to prove the driver was at fault to get no-fault benefits, which are payments of your medical bills and lost earnings. 

I Couldn't Get the Driver's Information Can You Still Help Me File a Pedestrian Accident Lawsuit?

Absolutely. Our pedestrian accident lawyers know exactly how to find the driver's information and determine the insurance company that is responsible for paying for your medical bills.

This information can be found on the accident report, which is available at the police department or precinct that responded to the accident. Or, you can get a copy of the accident report online at the New York Department of Motor Vehicle's website after about a week.

You can find out the driver's insurance company by looking at the police report. The standard New York police motor vehicle accident reports have a DMV insurance code box, which will identify the insurance company for the driver who hit you. Our New York City and Westchester County pedestrian accident lawyers can get these benefits set up for you the same day we meet with you. 

Choose the New York Law Firm That Will Fight For You

If you were a pedestrian seriously injured by a neglectful driver, you could be dealing with expensive bills for medical services, physical therapy, and mental health services for the rest of your life. Plus, you may be unable to work and provide for your family due to your injuries. Do not let a tight-fisted insurance company talk you into settling for reduced compensation. Contact us instead.

No matter whether you were hit by a car, truck, or bus, our attorneys have the experience to win your case and get you the fair financial compensation that you deserve. Our personal injury lawyers only represent the injured and never have and never will work for insurance companies. Request your free consultation today online or by phone while the accident facts are fresh in your mind and in the mind of any witnesses.

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Call Us When You Have Nowhere Else to Turn

"Michael took my case when no one else would. He worked very, very, hard to get the job done. He was very prompt and professional and I have nothing but the highest regards for him and his staff. Excellent lawyer." Larry Stein
Avvo Rating 10.0 for Michael Howard Joseph, Top Attorney
For cases where pedestrians were hit by cars,
no one works harder than our New York City and
White Plains car accident lawyers.

Question: Can I Sue the Driver That Hit Me? Answer: Yes. Pedestrians Have the Right of Way

Both New York state and New York City have strict rules that give pedestrians in a crosswalk. With the light in their favor, they have the right of way. 

Meaning, if a pedestrian in a crosswalk is hit by a turning vehicle, that vehicle violated New York's Vehicle and Traffic law. So, yes, you can sue if you suffered an injury because New York law requires that turning vehicles yield to pedestrians who are in the crosswalk.

Many drivers try to blame accidents on the pedestrian by claiming the person in the crosswalk didn't yield to them. Our attorneys know the law and will fight to hold careless drivers accountable for their actions.  

Important New York Vehicle and Traffic Laws

Our personal injury lawyers have won significant pre-trial settlements for our pedestrian accident clients based upon evidence that the driver violated these vehicle and traffic laws:

Section 1151

  • When there are no traffic-control signals, the driver of a car or truck must yield the right of way by slowing down or stopping if need be to so yield to a pedestrian crossing the roadway within a crosswalk, except that any pedestrian crossing a roadway at a point where a pedestrian tunnel or overpass has been provided shall yield the right of way to all vehicles. Also, the same law requires that when any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of another vehicle approaching from the rear shall not overtake and pass the stopped vehicle.

Section 1156

  • This traffic law states that where sidewalks are provided, pedestrians must be allowed to use them safely. This law is particularly important in New York City, where parking lots often require cars to travel over publicly traveled sidewalks. In other words, when a car is exiting a parking lot or driveway and there are pedestrians walking on the sidewalk, the driver has the responsibility to leave the parking lot or driveway in a safe manner.

Section 1111(a)(3)

  • Pedestrians have the right of way to cross a street when they are facing a green light within a crosswalk. If you have a green light, cars must yield to you. If you suffer personal injuries while crossing with the walk signal in your favor, the driver of the vehicle should be held responsible.

Section 1146

  • This law requires every driver of a vehicle, including cars, trucks, and buses, to exercise due care to avoid colliding with any pedestrian. 

Section 1163

  • This prohibits drivers from turning on a roadway unless and until such movement can be made with reasonable safety. So cars must keep a proper lookout when turning in order to avoid colliding with any pedestrians.

Traffic Rule 34 RCNY 4-03(a)(1)(i)

  • This requires vehicles with a green light, which are turning right or left, to yield the right of way to pedestrians lawfully within the intersection or an adjacent crosswalk. So even though a car, truck, or bus has a green light, the pedestrian still has a superior right of way. The vehicle legally must yield. 

Traffic Rule 34 RCNY 4-03(a)(1)(ii)

  • This gives pedestrians facing a green signal the right of way to proceed across the roadway within the crosswalk. So if the pedestrian has begun crossing the street and the light changes, the pedestrian still has the right to continue to cross the street. Cars, trucks, and buses must let the pedestrian finish crossing the street. 

Traffic Rule 34 RCNY 4- 02 and 4-04(d)

  • These rules prohibit drivers from operating their vehicles in a manner that will endanger any person. And that the operator of a vehicle shall exercise due care to avoid colliding with any pedestrian. So the operator of a vehicle must operate their car, truck, or bus in a manner that avoids hitting a pedestrian. 

New York Lawyers Who Care About Fellow New Yorkers

New York County Supreme Court
Our New York pedestrian accident lawyers regularly appear in all of the New York City Metropolitan area courts, including Manhattan, Bronx, Brooklyn, Queens, Westchester, and Rockland. They represent injured pedestrians from the Bronx, Brooklyn, Queens, Manhattan, New Rochelle, Bronxville, Mamaroneck, Ossining, Valhalla, Port Chester, Yonkers, Hartsdale, Mount Vernon, Scarsdale, Rye, Tarrytown, Greenburgh, and Elmsford. 

A Glowing Testimonial for Mr. Joseph

“Michael's mannerisms and professionalism were spot on. He also kept me up to date on where the case was and exactly what was going on at all times. He fought all the way for my son and never settled. He is a wonderful attorney.” Crystal C.

What About Hit-and-Run Accidents?

Our attorneys have handled many hit-and-run pedestrian accident cases. If you were a pedestrian that was hit by a car that fled the scene, you have rights under New York law that you may not know about. 

To recover benefits for a hit and run, you must report the accident to the police within 24 hours of the accident. Typically, an accident is considered to be a hit-and-run accident if the driver flees the scene and cannot be identified. If the vehicle can be identified, the normal rules of no-fault and lawsuits discussed above apply. 

The Law Office of Michael H. Joseph, PLLC

Law Office of Michael H. Joseph, PLLC

The Law Office of Michael H. Joseph, PLLC, has been helping injured victims recover compensation for their injuries for over a decade. Our attorneys are members of several prestigious organizations, including: 

  • New York State Trial Lawyers Association
  • American Association for Justice
  • New York County Bar Association
  • Westchester County Bar Association

To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.

Contact Us Today

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New York Office

18 West 33rd Street
Suite 400
New York, NY 10001

Open Today 8:30am - 6:00pm

Google map image of our location in 203 E Post Rd  White Plains, NY

White Plains Office

203 E Post Rd
White Plains, NY 10601

Open Today 8:30am - 6:00pm

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