New York City Pedestrian Accident Lawyer
Getting hit by a car in New York City is not something most people plan for, and neither is the insurance dispute that follows. Adjusters often reach out within days, asking for recorded statements and framing questions in ways that shift responsibility onto the person who was walking.
An NYC pedestrian accident lawyer at Finz & Finz, P.C. handles those conversations, gathers evidence, and pursues the compensation available under New York law.
Our firm represents people struck by cars, trucks, buses, and delivery vehicles across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Call 212-513-1000 for a free consultation.
Why Hire Finz & Finz After a NYC Pedestrian Accident?
Attorneys at Finz & Finz
Finz & Finz has handled catastrophic injury cases in New York for decades, and pedestrian claims fall within that experience. A person struck by a vehicle at typical city speeds may face fractures, head trauma, or long-term disability.
We prepare each case as if it may go to trial, because thorough preparation supports every stage of a claim.
Attorneys and Judges of Counsel
Our senior trial attorney, Stuart L. Finz, has been named to New York Super Lawyers for personal injury work. Former New York State judges serve of counsel to our firm.
That combination of trial attorneys and judicial experience shapes how we review, prepare, and try pedestrian cases across the five boroughs.
A Firm Built Around Serious Injury Work
The table below outlines how our practice supports pedestrian injury clients in New York City. Past results do not guarantee future outcomes, and every case turns on its own facts.
| Firm Feature | Detail |
|---|---|
| Years in Practice | Over 40 |
| Total Recovered for Clients | Over $1 Billion |
| Offices Serving NYC Cyclists | Manhattan (40 Wall Street), Mineola |
| Legal Team | Attorneys plus four former New York judges serving as of counsel |
| Case Fee Structure | Contingency fee—no fee unless we recover |
Depth, experience, and preparation combine to support strong pedestrian claims.
How Our Fees Work
Consultations at our firm are free and confidential. Our pedestrian accident cases run on a contingency arrangement, which means no attorney fee is owed unless we recover compensation for you.
Case expenses and other costs are addressed separately in the retainer agreement, which our team reviews with each client before representation begins.
Who Has the Right of Way in New York City Crosswalks?
Pedestrian right of way in New York City depends on whether the crossing is controlled by a signal and how each party approached the crosswalk.
Different sections of the New York Vehicle and Traffic Law govern signalized and unsignalized crossings. The specific rule that applies affects both liability and defense arguments in a case.
Signal-Controlled Intersections
Signal-controlled intersections follow the traffic signals displayed for both drivers and walkers. A pedestrian facing a “Walk” signal generally has the right of way in the crosswalk, and drivers turning across the crosswalk must yield to walkers already crossing lawfully.
Many NYC pedestrian strikes happen this way, with drivers turning left or right through an active crosswalk.
Unsignalized Crosswalks
Unsignalized crosswalks are governed by New York Vehicle and Traffic Law Section 1151.
At crosswalks without a signal, or where a signal is not in operation, drivers must yield to pedestrians in the crosswalk on the driver’s half of the roadway, or approaching so closely as to be in danger.
Unmarked crosswalks exist at nearly every intersection where two streets meet, even without painted lines.
Mid-Block Crossings
Crossing mid-block outside a crosswalk shifts more responsibility onto the pedestrian, though pedestrians and drivers each retain duties of care.
Under New York’s pure comparative negligence rule, a mid-block crossing may reduce a recovery without barring it entirely.
How Does New York’s No-Fault Law Cover Pedestrians?
New York’s no-fault insurance law generally covers pedestrians struck by covered motor vehicles, subject to statutory exclusions and coverage rules.
Personal Injury Protection (PIP) benefits from the vehicle that struck the pedestrian pay medical bills and part of lost wages, generally up to $50,000 in basic economic loss per person. This coverage falls under Article 51 of the New York Insurance Law.
What PIP Generally Covers for Pedestrians
PIP benefits move faster than a lawsuit and cover a defined set of economic losses.
No-fault applications are generally due within 30 days of the crash, though limited exceptions and extensions may apply.
Speaking with an attorney early helps clarify the correct deadline for your situation.
- Reasonable and necessary medical treatment, including hospital and rehabilitation costs.
- Lost earnings, generally 80 percent of gross wages within statutory limits.
- Necessary transportation to medical appointments.
- Household services when injuries prevent daily tasks.
- A limited death benefit if the crash is fatal.
PIP pays regardless of who caused the crash, which matters when fault is disputed.
The Serious Injury Threshold
Pursuing a lawsuit for pain and suffering against the driver requires proving a serious injury under Insurance Law Section 5102(d).
Categories include significant disfigurement, bone fracture, permanent limitation of a body organ or member, and 90 out of 180 days of substantial disability.
Meeting the threshold requires competent medical evidence, and defense teams often contest whether an injury qualifies.
What Causes NYC Pedestrian Accidents?
NYC pedestrian accidents often involve driver conduct like failing to yield, turning without checking for walkers, or driving distracted.
Speeding through busy corridors and running red lights also contribute. Delivery drivers under time pressure account for a growing share of pedestrian strikes across the city.
Driver Conduct That Often Leads to a Strike
Certain driver behaviors appear repeatedly in pedestrian cases we handle. Identifying these patterns helps us identify defendants and applicable insurance coverage.
- Turning left or right through a crosswalk without yielding.
- Running red lights or stop signs at busy intersections.
- Driving distracted by phones, GPS, or delivery apps.
- Speeding through school zones or residential blocks.
- Backing up in driveways, loading zones, or parking lots.
Traffic camera footage and independent witnesses often tell a fuller story than a scene-side police report.
Vehicle Types Commonly Involved
Different vehicle types raise different legal issues. Commercial vehicles often carry larger insurance policies and may involve employer liability.
- Passenger cars driven by private motorists.
- Rideshare vehicles operating under Uber or Lyft policies.
- Delivery vans and trucks from major logistics carriers.
- Food delivery mopeds and e-bikes on active routes.
- MTA buses and city sanitation vehicles.
Identifying every potential defendant early lets our team pursue every available source of coverage before deadlines close.
What Injuries Do Pedestrians Suffer in NYC Crashes?
Pedestrians struck by vehicles typically suffer more severe injuries than occupants of the striking vehicle. A person hit by a car has no crumple zone, no airbag, and no seatbelt. Even a low-speed impact may result in fractures, head trauma, or internal injuries that require months of care.
Injury Patterns We See Repeatedly
Certain injuries appear regularly in pedestrian claims in New York City. Understanding the medical picture helps our attorneys build damages evidence.
- Traumatic brain injuries, ranging from concussion to severe cognitive damage.
- Spinal cord injuries and herniated discs.
- Pelvic fractures from side-impact collisions.
- Multiple leg and knee fractures requiring surgery.
- Internal organ damage and severe soft tissue trauma.
Serious injuries affect both the medical picture and the categories of damages available under New York law.
Long-Term Effects on Life and Work
Long-term effects often reach beyond the initial recovery. Some clients return to work but face permanent limitations. Others cannot return to their prior jobs at all.
Our attorneys work with treating physicians, life-care planners, and economists to document what the injury means over a lifetime, not only in the first year.
Who Is Liable in a NYC Pedestrian Accident?
Liability in a NYC pedestrian accident usually falls on the driver who struck the walker, but responsibility may extend further. Employers may share fault when a commercial driver caused the crash on the job.
Government entities may share responsibility for hazardous street design or a broken traffic signal in some cases. Identifying every potentially responsible party helps ensure available insurance coverage is fully explored.
Employer and Company Liability
Employers may be liable when their drivers strike pedestrians during the course of employment. Rideshare companies, delivery services, freight carriers, and taxi fleets often carry insurance policies that apply to on-duty crashes.
Corporate defendants may also carry broader coverage than a private motorist’s personal auto policy.
Government Liability for Roadway Hazards
Government entities may share responsibility for pedestrian crashes tied to street design, signal failure, or damaged infrastructure.
These claims involve specific procedural rules that differ from claims against private parties, and the exact deadlines depend on which government entity is involved. Early legal advice helps identify the correct procedure before any deadline runs.
Comparative Fault Under New York Law
New York follows pure comparative negligence under CPLR Article 14-A. A pedestrian found partly at fault may still recover, with the recovery reduced by that percentage.
Even a pedestrian who was 60 percent at fault may recover 40 percent of proven damages. Defense teams often push comparative fault arguments to reduce a claim.
What Evidence Matters Most After a Pedestrian Crash in NYC?
Evidence in a NYC pedestrian crash case often comes from sources that disappear quickly if no one preserves them.
Traffic camera footage, business surveillance, witness contact information, and the driver’s early statements all shape what a jury or an insurance carrier sees months later.
Acting quickly to preserve this material protects the strength of a claim.
Types of Evidence Worth Preserving
Certain categories of evidence carry particular weight in pedestrian cases. Each supports a different piece of the liability or damages picture.
- Police accident reports and any 911 call recordings.
- Surveillance footage from nearby businesses, buildings, or city cameras.
- Photographs of the scene, injuries, and damaged personal items.
- Witness names, phone numbers, and written statements.
- Complete medical records from the emergency room forward.
Preservation letters sent by an attorney early in the process often stop evidence from being deleted or discarded.
Why Timing Affects Evidence
Timing affects almost every category of pedestrian crash evidence. Surveillance systems often overwrite recordings within days or weeks. Witnesses move or forget details. Physical evidence like torn clothing may be discarded during medical treatment.
Contacting a lawyer soon after a crash helps preserve what would otherwise be lost.
How Long Do You Have to File a NYC Pedestrian Accident Lawsuit?
Most personal injury lawsuits arising from a NYC pedestrian accident must be filed within three years of the crash under CPLR Section 214. Wrongful death cases generally follow a shorter two-year deadline under EPTL Section 5-4.1.
Missing the applicable deadline typically bars the claim, though exceptions and tolling rules may apply in limited situations.
Shorter Deadlines for Government Claims
Claims involving New York City vehicles, MTA buses, or dangerous roadways typically require a notice of claim within a short window, often 90 days under General Municipal Law Section 50-e.
Follow-up deadlines and specific procedures depend on the government entity involved. Claims against federal facilities follow the Federal Tort Claims Act, which carries its own procedures.
No-Fault Application Deadlines
No-fault PIP applications are generally due within 30 days of the crash to preserve medical coverage, though limited exceptions may extend that window.
Waiting longer often risks denied coverage even where the injury clearly qualifies. Our attorneys often help clients complete these forms while treatment is underway.
What Should You Do After a Pedestrian Accident in NYC?
After a pedestrian accident, once you are home and stable, protecting your case starts with medical care and evidence preservation.
Keeping every appointment and following every treatment recommendation supports both your recovery and your claim. Steps taken in the weeks after a crash may shape the value of the claim months later.
Speaking with the driver’s insurance carrier before consulting a lawyer often works against injured pedestrians. Adjusters may ask for recorded statements that limit what you may say later.
A brief consultation with a pedestrian accident attorney NYC clarifies what you are required to share and what you are not.
Physical evidence like torn clothing, damaged glasses, or footwear may be worth saving. Photographs of injuries over time show how bruising develops, how scars form, and how mobility changes during recovery.
A short written summary of what you remember about the crash helps preserve details for later.
What Damages Can You Recover in a NYC Pedestrian Injury Claim?
Damages in a NYC pedestrian injury claim generally fall into economic and non-economic categories. Economic damages cover measurable losses like medical bills and lost income.
Non-economic damages compensate for pain, suffering, and the effect of injuries on daily life. New York places no statutory cap on either category in negligence cases.
Economic Damages
Economic damages track documented financial losses. Building this side of a case takes months of records collection, wage verification, and expert projection.
- Past and future medical treatment, including surgery and rehabilitation.
- Lost wages during recovery and future lost earning capacity.
- Home modifications for accessibility after permanent injury.
- Long-term care needs, including in-home nursing.
Documented numbers matter, but they only tell part of what a jury or an insurer weighs.
Non-Economic Damages
Non-economic damages compensate for pain, emotional suffering, loss of enjoyment of life, and disfigurement. New York juries have a long history with pedestrian cases involving permanent injuries.
When multiple defendants share fault, how damages are apportioned may involve additional rules that depend on the facts of the case, and an attorney reviews how those rules apply to a specific claim.
FAQs for NYC Pedestrian Accident Lawyer
What if the driver who hit me left the scene of the crash in NYC?
If the driver who hit you left the scene, you may still recover compensation through the Motor Vehicle Accident Indemnification Corporation (MVAIC). MVAIC has specific eligibility rules that include the absence of other applicable insurance and strict notice and reporting requirements.
Because these rules and deadlines vary by claim type, consult a pedestrian accident lawyer promptly to protect your rights.
Can I still recover if I was jaywalking when a car hit me in New York?
Yes, you may still recover if you were jaywalking when a car hit you in New York. Under pure comparative negligence, being partly at fault reduces but does not eliminate your recovery.
The driver still owed a duty to avoid the collision. An attorney helps address defense arguments that over-assign blame to the walker.
How much does a pedestrian accident lawyer in NYC cost upfront?
A pedestrian accident lawyer in NYC generally costs nothing upfront in attorney fees. Firms handling these cases typically work on contingency, meaning attorney fees come from any recovery.
Case expenses may be handled differently depending on the firm’s fee agreement. Ask any firm to explain the full agreement in writing before signing.
Do I need to give a statement to the driver’s insurance company?
No, you generally do not need to give a recorded statement to the driver’s insurance company after a NYC pedestrian accident.
Adjusters may use these statements to reduce a claim. Speaking with an attorney first clarifies what you are legally required to share.
Can I sue New York City if a broken traffic signal contributed to my crash?
You may have grounds to pursue a claim against New York City if a broken traffic signal contributed to your pedestrian crash.
These claims involve strict procedural rules, short deadlines, and often depend on whether the city had prior written notice of the defect. Consult a pedestrian accident attorney promptly to review the specific requirements.
Talk to a New York Pedestrian Accident Lawyer About Your Case
Pedestrian claims move faster than most people expect once an insurance carrier gets involved. Records get requested, adjusters call, and deadlines begin running from the day of the crash. Speaking with a lawyer early helps you understand your options before those pressures build.
Our attorneys at Finz & Finz, P.C. handle pedestrian cases across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. We work with treating physicians, accident reconstruction professionals, and life-care planners to build a full picture of what happened and what a client may face long-term.
Reach our Manhattan office at 212-513-1000 or our Mineola office at 516-433-3000 for a free, confidential conversation. There is no attorney fee unless we recover compensation for you, and no obligation for the call.
