Pedestrian Accident Lawyer in New York
Protecting Injured Pedestrians in NYC and White Plains
Every year, thousands of pedestrians are struck by cars, taxis, buses, and trucks, often while doing nothing more than crossing the street with the light.
At the Law Offices of Michael H. Joseph, PLLC, our New York pedestrian accident lawyers stand up for injured pedestrians and their families. We know that a single crash can cause catastrophic injuries, months of recovery, and overwhelming medical bills. Our job is to hold reckless drivers accountable and secure the resources our clients need to rebuild their lives.
Are You an Injured Pedestrian in New York?
In addition to your no-fault claim, you may have the right to sue the driver who hit you.
If you were struck by a motor vehicle in New York, you can access no-fault (PIP) benefits for medical bills and lost wages. You may also be able to bring a lawsuit against the at-fault driver for pain and suffering.
New York law has strong protections which are intended to prevent pedestrians from getting hit by vehicles. Drivers must yield the right of way at crosswalks and exercise due care to avoid hitting pedestrians. When they ignore those duties, or when a roadway is unsafe, injured pedestrians have the right to pursue claims against all responsible parties.
No-Fault Benefits for Pedestrians
Pedestrians hit by a motor vehicle are generally covered by the vehicle’s no-fault (PIP) insurance. This coverage pays for medical treatment and a portion of lost wages, but you must file notice promptly, typically within 30 days of the accident.
Compensation for Pain and Suffering
You may also qualify to sue the negligent driver who hit you to recover additional compensation. Filing a claim against the at-fault driver’s insurance policy can provide you with pain and suffering damages, and a settlement that covers your future medical care and lost earning opportunities.
Third Party Injury Claims
In some cases, responsibility for a pedestrian accident goes beyond the driver. Employers, trucking companies, bars and restaurants that overserve alcohol, or even municipalities that fail to maintain safe crosswalks may all share liability.
Hit-and-Run and Unidentified Motorist Claims
If the driver who struck you fled the scene or cannot be identified, you may still have options for recovery. In New York, injured pedestrians can often pursue compensation through uninsured motorist (UM) coverage, even when the at-fault driver is never found.
Exploring all possible claims is critical. By identifying every responsible party, our New York pedestrian accident lawyers can maximize the compensation available for your injuries.
What New York Law Means for Pedestrian Accident Recovery
In New York, pedestrians who suffer serious injuries in motor vehicle accidents may recover far more than no-fault insurance provides. While no-fault benefits cover immediate medical care and lost wages, the law allows injured pedestrians to bring personal injury claims that hold drivers and municipalities accountable. Here’s what victims need to know:
Pedestrians struck by cars can recover the full scope of damages in a personal injury lawsuit, including long-term care, rehabilitation, pain and suffering, and loss of quality of life.
No-fault insurance may cover the first portion of medical bills and lost income, but serious injuries allow pedestrians to pursue additional damages through a personal injury claim.
In most cases, negligent drivers are liable. But in some situations, unsafe crosswalks, malfunctioning traffic signals, or poorly maintained roads may create municipal liability as well.
- Call (212) 858-0503 to speak with a New York pedestrian accident lawyer today.
Understanding Pedestrian Accidents in New York
Pedestrian injuries remain one of the most serious traffic safety issues in New York. According to the New York State Department of Health, between 2012 and 2021 an average of 300 pedestrians were killed each year and about 15,000 were treated in hospitals statewide for crash-related injuries. In New York City alone, pedestrian fatalities make up more than one-quarter of all traffic deaths.
Common Injuries in Pedestrian Accidents
- Traumatic brain injuries (concussions, skull fractures)
- Spinal cord injuries and paralysis
- Broken bones and fractures
- Severe internal injuries
- Amputations and crush injuries
- Permanent disability or death
Common Causes of Pedestrian Accidents
- Drivers failing to yield at crosswalks
- Speeding through intersections
- Distracted driving (cell phone use, texting)
- Illegal turns or rolling through stop signs
- Unsafe lane changes
- Drivers operating at Unsafe Speeds
- Drunk or impaired driving
- Backing up without looking
- Poorly designed intersections or inadequate signals
Pedestrian injuries often require emergency surgery, months of rehabilitation, and long-term care, creating enormous financial pressure on victims and their families.
- Call (212) 858-0503 to speak with a New York attorney today.
Who Is Liable for a Pedestrian Accident in New York?
Liability for pedestrian accidents often involves more than just the driver. Multiple parties may share responsibility.
Negligent Drivers
Motorists who fail to yield, speed, drive distracted, or operate under the influence can be held liable for pedestrian crashes.
Vehicle Owners and Employers
When a commercial vehicle, delivery van, or rideshare car causes an accident, the owner or employer is liable for the negligence of their employee or anyone who operates their vehicle with their permission.
Municipalities
Cities and towns may be responsible when defective crosswalks, malfunctioning signals, or poor street design contribute to a pedestrian crash.
Third Parties
Other contractors, construction companies, or roadway maintenance crews may also be held accountable when their negligence plays a role.
Compensation Available in a New York Pedestrian Accident Case
As a pedestrian accident victim, you may be entitled to significant compensation beyond what your no-fault insurance pays.
Serious Injury Threshold
As an injured pedestrian, you can sue a negligent driver for pain and suffering in a lawsuit, but you’ll have to prove that you meet New York’s definition of a “serious injury.” This can include a fracture, significant disfigurement, the inability to work or go to school for 90 days, permanent consequential or a significant limitation, or death. A consequential or significant limitation is an injury that a doctor has diagnosed, which causes you to have some limitations compared to before the accident. Once this threshold is met, you can pursue full personal injury damages from the at-fault party.
Medical Expenses
Compensation covers emergency care, surgeries, hospital stays, rehabilitation, and future treatment needs.
Lost Wages and Reduced Earning Capacity
Victims may be entitled to lost income, as well as damages for diminished earning potential if they cannot return to their prior occupation.
Pain and Suffering
Compensation may include the physical pain, emotional trauma, and loss of enjoyment of life resulting from serious injuries.
Wrongful Death Damages
If a pedestrian accident is fatal, surviving family members can pursue wrongful death damages for funeral expenses, lost financial support, and the emotional toll of their loss. There is also a statutory death benefit of $2,000 that is part of the no-fault benefits, to help with the immediate costs.
How Our New York Pedestrian Accident Lawyers Can Help
Pedestrian accident claims often involve aggressive insurance company tactics designed to minimize payouts. Our attorneys know these strategies, and we don’t back down.
- Investigate the crash using police reports, video footage, and witness statements
- Identify all liable parties including drivers, vehicle owners, employers, and municipalities
- Negotiate firmly with insurers to pursue fair settlements
- Take your case to trial if necessary to fight for maximum recovery
With offices in Manhattan and White Plains, we represent pedestrian accident victims across New York City and Westchester County.
Why Choose the Law Offices of Michael H. Joseph?
- Decades of Experience: Over 20 years representing injured New Yorkers.
- Proven Results: Millions recovered in verdicts and settlements for accident victims.
- Local Advantage: Offices in Manhattan and White Plains for convenience and local insight.
- Client-Centered Advocacy: Personalized attention and aggressive representation from start to finish.
Frequently Asked Questions About Pedestrian Accidents in New York
What should I do immediately after being hit by a car in New York?
Call 911, seek medical attention, and make sure a police report is filed. Then, contact a pedestrian accident lawyer before speaking to the driver’s insurance company.
Does no-fault insurance cover pedestrian accidents in New York?
Yes. In many cases, the vehicle’s no-fault insurance will cover initial medical expenses and lost wages. However, if you suffered a “serious injury,” you may file a lawsuit for additional damages.
How long do I have to file a pedestrian accident claim in New York?
You generally have three years from the date of the accident to file a personal injury lawsuit. For wrongful death, the deadline is two years. Claims against municipalities have shorter deadlines, often requiring a notice of claim within 90 days, and a lawsuit must be filed within one year and 90 days.
Can I File a Pedestrian Accident Claim If I Didn’t Get the Driver’s Information?
Yes. Even if you couldn’t get the driver’s license plate or contact details, you may still have a case. Our New York pedestrian accident lawyers will investigate your hit-and-run crash, track down insurance coverage, and file an uninsured motorist claim when necessary. In many cases, we can start your benefits the same day you meet with us.
Can I Sue the Driver Who Hit Me?
Absolutely. Pedestrians in New York have the right of way in crosswalks, and drivers who fail to yield can be held liable for injuries. If you were hit by a turning or careless vehicle, you may be entitled to damages for medical costs, lost wages, and pain and suffering.
Do I Need to Prove the Driver Was at Fault to Get My Medical Bills Paid?
No. Pedestrians struck by a car in New York are covered by the vehicle’s no-fault (PIP) insurance, which pays medical expenses and part of your lost earnings regardless of who was at fault. Fault only becomes an issue if you pursue a lawsuit for additional compensation, such as pain and suffering.
Get Started With Your Recovery
If you or a loved one was hit by a car in New York City or White Plains, don’t wait. The sooner you act, the stronger your case will be.
Call the Law Offices of Michael H. Joseph, PLLC, at (212) 858-0503