
Pedestrian Accidents
A Single Crosswalk Moment Can Change Everything You Depend On
If you were struck by a vehicle in New York City or Long Island, you have three years under CPLR § 214 to file a personal injury claim, but critical evidence disappears quickly. Unlike drivers, pedestrians have no no-fault coverage of their own and must claim against the driver's policy directly. If a city-owned vehicle was involved, a Notice of Claim must be filed within 90 days or your right to sue the municipality may be lost.
What New York Law Says About Pedestrian Accidents
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New York Vehicle and Traffic Law § 1151 requires drivers to yield to pedestrians in marked and unmarked crosswalks. When a driver fails to yield, that failure is central to establishing liability in your case. If a city-owned vehicle struck you, a Notice of Claim must be filed within 90 days under General Municipal Law § 50-e, or you lose the right to sue the municipality. For all other pedestrian injury claims, CPLR § 214 gives you three years from the date of the accident to file suit. Unlike drivers, pedestrians have no no-fault coverage of their own and must claim medical and wage benefits directly against the driver's policy, making early legal action critical to protecting your recovery.
Common Causes of Pedestrian Accidents in New York
Most pedestrian crashes in New York are preventable. Understanding what caused yours is the first step toward establishing liability.
COMMON CAUSES AND SCENARIOS:
What To Do After a Pedestrian Accident in New York
The steps you take in the hours and days after a pedestrian accident directly affect your ability to recover. New York's no-fault deadline and a 3-year statute of limitations under CPLR § 214 mean timing matters from the start.
FOUR STEPS TO PROTECT YOUR CLAIM:
New York's statute of limitations gives pedestrian accident victims three years to file under CPLR § 214. If a city vehicle was involved, a Notice of Claim must be filed within 90 days. Missing either deadline ends your right to recover.
How Schwartzapfel Holbrook Handles Pedestrian Accident Cases
Pedestrian accident cases turn on physical evidence that disappears quickly: skid marks, traffic signal data, surveillance footage, and witness accounts. Our team moves fast to preserve that record before it is lost. We reconstruct what happened, identify every liable party, and prepare each case as if it will be decided by a jury, which is why most resolve before reaching one. We serve injured pedestrians across New York City and Long Island, and we are selective about the cases we accept because the cases we accept get our full attention.
Questions About Pedestrian Accidents in New York
Get medical attention immediately, even for minor pain. Call 911 so police document the scene properly. Document everything, photograph your injuries, the vehicle that struck you, skid marks, and any traffic control devices. Collect driver information and witness contacts.
Time matters. You've got 30 days to file no-fault paperwork for PIP benefits covering up to $50,000 in medical bills and lost wages. Miss this deadline and you'll lose benefits. If your injuries meet the "serious injury" threshold under Insurance Law § 5102(d), fractures, significant limitation of function, permanent disability, you can sue beyond no-fault. Vehicle and Traffic Law § 1151 gives pedestrians right-of-way at crosswalks, but comparative fault still applies if you were jaywalking or distracted.
Don't discuss fault with anyone except police. Insurance companies will use your statements against you later.
Absolutely. Police documentation becomes critical when the driver claims you "darted into traffic" or weren't in the crosswalk. Under VTL § 1151, drivers must yield to pedestrians with the right-of-way, but insurance companies will scrutinize every detail to reduce payouts.
The responding officer creates an official record before memories fade and stories change. They'll note skid marks, traffic signals, crosswalk positioning, details that disappear within hours. Even if you feel fine initially, adrenaline masks injuries that surface days later.
Police reports also trigger proper no-fault PIP benefits up to $50,000 within 30 days of treatment. Without documentation, insurers delay payments while they "investigate" basic facts. We've seen cases where a simple police report made the difference between a quick settlement and months of litigation over liability.
Yes, pedestrian injuries often don't surface immediately. You might feel shaken but functional at the scene, then wake up with severe neck pain or headaches days later. That's your body's stress response masking the damage.
Under New York's no-fault system, you've got 30 days to submit written notice for PIP benefits covering up to $50,000 in medical expenses. Miss that window and you're relying entirely on the driver's liability coverage. More importantly, if you later need to prove serious injury under Insurance Law § 5102(d), fractures, significant disfigurement, or permanent limitation, you'll need contemporaneous medical records documenting the trauma's immediate effects on your body.
Emergency rooms see plenty of pedestrians who initially refused treatment, then returned with concussions or internal injuries. Don't be one of them.
Adrenaline masks pain. You felt okay walking away, but now your back's screaming. That's normal after a pedestrian strike, shock protects you initially, then reality hits.
Here's what matters legally: get medical attention today and tell them about the accident. Insurance companies scrutinize treatment gaps, claiming delayed care means fake injuries. Document everything from the start. Also, you've got 30 days under Insurance Law § 5102 to file no-fault paperwork, regardless of who hit you. Miss that window, and you lose $50,000 in medical coverage.
If the driver fled, your own SUM/UM policy might cover you. If the city's broken crosswalk signal contributed, that's a separate claim against NYC, but only if filed within 90 days. Don't let treatable injuries become permanent problems while deadlines expire.
Start with the crosswalk itself, was it marked? Functioning signal? Your right-of-way under Vehicle & Traffic Law § 1151 depends on these specifics. Photograph sight lines from the driver's position. Parked cars, construction barriers, or overgrown bushes that blocked their view become your defense against comparative fault claims.
Document lighting conditions precisely. Broken streetlights or insufficient illumination affect liability calculations when insurers argue you weren't visible. Get the driver's insurance information, but also photograph your clothing and shoes, dark colors or worn treads often become insurance talking points.
Write down the driver's exact words while you remember them. "I didn't see you" versus "I was checking my phone" makes a huge difference in settlement negotiations. If they seem impaired, note specific behaviors, speech patterns, coordination, alcohol smell. Hit-and-run cases need witness descriptions and partial plates since your SUM coverage requires proving contact with an uninsured vehicle.
Drivers routinely claim pedestrians "came out of nowhere", it's insurance company gold. Under VTL § 1151, vehicles must yield right-of-way at crosswalks, but fault analysis goes deeper than surface blame.
Police reports aren't gospel. We've overturned findings with traffic camera footage, witness canvassing, and accident reconstruction. Vehicle impact patterns tell the real story, where you were struck, damage location, skid marks. These physics don't lie like panicked drivers do.
Insurance adjusters will call within hours, fishing for admissions. They're trained to extract statements like "I didn't see the car" or "maybe I was rushing." Don't engage. Under Insurance Law § 5102(d), your no-fault PIP covers $50,000 in medical bills regardless of fault, use it while we build your liability case.
Pedestrian shared fault doesn't eliminate your case under New York's pure comparative negligence rule. Even jaywalking or crossing against signals reduces your recovery by your fault percentage, it doesn't zero it out completely.
The math's straightforward: $100,000 in damages with 40% fault on you means $60,000 recovery. But determining that fault percentage becomes the real fight. Vehicle & Traffic Law § 1151 creates a strong presumption favoring pedestrians in crosswalks, while Insurance Law § 5102(d) ensures your no-fault PIP coverage applies regardless of fault. Insurance adjusters will examine every detail, were you visible, predictable, following signals, to inflate your fault percentage. That's why witness statements and surveillance footage from nearby businesses matter more than your own recollection of events.
The serious injury threshold still applies at whatever recovery level you achieve, meaning minor injuries might not clear the no-fault limitation even with a successful lawsuit.
Determining fault starts with Vehicle and Traffic Law § 1151, which gives pedestrians right-of-way in marked crosswalks, but that's just the beginning. We examine whether you were crossing lawfully, if the driver had a clear view, and what the signal phase was when impact occurred.
Police reports matter, but they're often incomplete. We reconstruct the scene using traffic camera footage, witness phones, and sometimes accident reconstruction experts who can calculate speeds from vehicle damage patterns. Insurance companies love claiming pedestrians "darted out", we counter that with concrete evidence about sight lines, reaction times, and whether their insured was speeding or distracted.
Pure comparative fault under CPLR 1411 means even if you bear some responsibility, you can still recover. The key is proving the driver's percentage of fault and documenting your serious injury under Insurance Law § 5102(d) to exceed the no-fault threshold.
Chain-reaction crashes turn pedestrian cases into forensic puzzles. The first car might've stopped properly for you in the crosswalk, only to get rear-ended and pushed into your path. Vehicle & Traffic Law § 1151 still applies, every driver must yield to pedestrians, but now you're sorting through which impact actually caused your injuries.
Policy limits become your friend here. Instead of one driver's $25,000 minimum coverage, you're potentially looking at multiple policies responding. The rear-ending driver, the pushed vehicle, maybe even a third car that couldn't stop in time. New York's pure comparative fault rule protects you even if you were jaywalking, your recovery gets reduced by your percentage of fault, but you can still collect from every negligent driver. Document the scene immediately because insurance companies will try to shift blame between themselves while your medical bills pile up.
Drunk drivers who strike pedestrians face enhanced criminal penalties under Vehicle & Traffic Law § 1192-a when someone gets hurt. But that won't pay your medical bills. The real fight happens with their insurance company, which will scrutinize whether you had the walk signal and stayed within the crosswalk boundaries.
Field sobriety test footage becomes powerful evidence in settlement negotiations. Insurance adjusters can't easily dispute a driver who failed three balance tests before hitting you in a marked crosswalk. Police reports documenting phone use at the time of impact carry similar weight. Even if you were jaywalking, New York's pure comparative negligence rules mean a drunk driver still bears the majority of fault when they plow into a pedestrian at 2 AM.
Recorded statements can devastate pedestrian cases because adjusters know exactly which questions expose liability. They'll ask if you stepped off the curb against the signal, whether you were distracted by your phone, or if you "darted out" between parked cars. Under VTL § 1151, pedestrians have right-of-way in crosswalks, but one careless phrase about "hurrying across" becomes evidence you were rushing.
The serious injury threshold under Insurance Law § 5102(d) requires specific medical documentation. When adjusters ask about your pain levels or daily limitations early after the accident, you're likely understating injuries that haven't fully manifested. Soft tissue injuries worsen over weeks, not hours.
Pure comparative fault means your recovery drops dollar-for-dollar based on your percentage of blame. That innocent comment about "not seeing the car coming" just cost you 20% of your settlement. Let someone else field these calls while your medical picture develops fully.
Don't rush into anything. Pedestrian settlements require understanding New York's no-fault system first. Your medical bills up to $50,000 get paid through PIP regardless of fault, but that settlement offer likely ignores your pain and suffering claim entirely.
Insurance adjusters know most pedestrians don't realize they might qualify for damages beyond no-fault benefits. If your injury meets the serious injury threshold under Insurance Law § 5102(d), fractures, significant disfigurement, limitation of use of a body function, you're entitled to compensation for pain, suffering, and lost wages. Vehicle & Traffic Law § 1151 gives pedestrians the right-of-way in crosswalks, creating a presumption the driver was negligent. Even jaywalkers can recover under New York's comparative fault system. That early offer probably reflects none of these factors.
Pedestrian denials usually attack your location when the crash happened. Adjusters claim you weren't in the crosswalk or crossed against the signal, using Vehicle & Traffic Law § 1151 to argue the driver had right-of-way. They'll deny serious injury threshold claims under Insurance Law § 5102(d), questioning whether your fracture really prevented normal activities for 90 days.
We challenge these denials with intersection evidence they hope you won't find. Traffic camera footage, skid marks, and witness statements often prove you were legally crossing when struck. Even if you contributed to the accident, New York's pure comparative fault rule means you can still recover substantial damages. Their initial denial letter is a negotiation tactic, not a final determination.
Pedestrians can't carry their own auto insurance, which makes uninsured driver crashes particularly devastating. You're entitled to $50,000 in no-fault PIP benefits regardless of fault under Insurance Law § 5102, but that won't touch pain and suffering damages when a careless driver has no coverage.
SUM coverage becomes your lifeline if you live with relatives who own vehicles. Their uninsured motorist protection extends to household members injured as pedestrians. Hit-and-run cases automatically trigger this coverage since the fleeing driver is presumed uninsured. When the uninsured driver is identified, MVAIC provides an alternative path, but you must personally serve them within two years. The 24-hour police reporting rule is unforgiving, crosswalk witnesses disappear fast, so call 911 immediately even for seemingly minor injuries that often worsen.
Pedestrian strikes by underinsured drivers expose the harsh reality of New York's minimum liability requirements. When you're crossing legally under Vehicle & Traffic Law § 1151 and get hit by someone carrying just $25,000 coverage, that amount won't even cover an emergency room visit for serious injuries.
Your own SUM coverage becomes critical, but here's what pedestrians miss: the insurance company will scrutinize your actions at the crosswalk. Were you in the crosswalk when the light changed? Did you have the right-of-way signal? They'll use any pedestrian error to reduce your SUM recovery under comparative fault rules. The serious injury threshold under Insurance Law § 5102(d) must still be met, but proving that threshold while fighting comparative fault allegations requires immediate accident reconstruction. Time matters because witness memories fade and surveillance footage gets overwritten.
Insurance companies deny pedestrian PIP claims surprisingly often, usually challenging whether you were actually struck by a "motor vehicle" under Insurance Law § 5102(a). They'll argue you tripped over your own feet near a parked car, or that a cyclist hit you instead of a motorist. Sometimes they question the 30-day application deadline, claiming your initial ER visit didn't count as proper notice.
The serious injury threshold becomes another battlefield. Your insurer reviews the same medical records but reaches different conclusions than the liable driver's carrier about whether your fractures or soft tissue injuries qualify under § 5102(d). They might approve your initial treatment, then cut you off after six weeks, claiming you've reached "maximum medical improvement."
Fight back with detailed medical documentation. Every X-ray, every MRI, every physical therapy note matters. If they're demanding yet another independent medical exam, that's allowed, but they can't schedule five IMEs to delay payment indefinitely.
Pedestrian back and neck injury values hinge on proving the driver violated Vehicle & Traffic Law § 1151's right-of-way requirements. When a pedestrian suffers herniated discs after being struck in a crosswalk, settlements typically range from $75,000 to $300,000 depending on surgical intervention. The key hurdle? New York's serious injury threshold under Insurance Law § 5102(d), you need fractures, permanent limitations, or 90+ days of disability to break through the $50,000 no-fault cap.
Comparative fault destroys cases quickly. If you were texting while crossing or jaywalking mid-block, insurers will slash your recovery by your percentage of blame. Document the scene immediately: traffic signals, crosswalk markings, skid marks. Cervical fusion cases with clear liability have reached $400,000-500,000, but gaps in treatment kill value. Consistent medical care without interruption is essential.
Pedestrian crashes create a perfect storm for delayed symptoms. You absorb massive force when a 4,000-pound vehicle strikes you, but shock and adrenaline mask the damage initially. Brain injuries don't announce themselves with sirens, they develop over 24-72 hours as swelling increases. Delayed symptoms are common after pedestrian impacts, and adjusters often weigh whether the gap between accident date and symptom onset creates an opening to challenge the claim. They'll claim your headaches, dizziness, or back pain came from lifting groceries, not from being thrown onto asphalt. That's why immediate medical evaluation matters, even if you feel fine walking away from the scene. New York's no-fault system doesn't care about your symptom timeline. The 30-day written notice requirement under Insurance Law § 5102(b) runs from the accident date, not when pain starts. Miss that window and you forfeit $50,000 in PIP coverage for medical bills and lost wages. Document every symptom as it appears, these records become critical evidence if your injuries meet the serious injury threshold.
VTL § 1151 gives pedestrians right-of-way, but that doesn't protect your brain when a 3,000-pound vehicle hits you. Concussion symptoms show up hours or days later, memory gaps, nausea, inability to concentrate. Emergency rooms focus on bleeding and broken bones, not cognitive function.
Your no-fault coverage pays medical bills up to $50,000 within 30 days, regardless of fault. But recovering pain and suffering money requires proving "serious injury" under Insurance Law § 5102(d). Insurance companies claim every concussion is minor and temporary. They'll send you to their doctors who minimize symptoms. Get your own neuropsychological testing. Document everything: sleep problems, light sensitivity, personality changes your family notices. The more specific your medical record, the harder it becomes for insurers to deny your brain injury claim.
Pedestrian permanent disability cases turn on medical proof that meets New York's "serious injury" standard under Insurance Law § 5102(d). You'll need objective evidence, not just pain complaints. MRI studies showing disc herniations. Orthopedic measurements proving limited range of motion. Neuropsychological testing documenting cognitive deficits from traumatic brain injury.
The defense will schedule their own medical exam to dispute your limitations. They'll claim pre-existing arthritis caused your back problems, not the crash. That's why consistent treatment records matter enormously. Document every accommodation you need at home. Can't lift your child anymore? Write it down. Stopped playing tennis because your knee won't bend? Tell your doctor. These functional limitations translate directly into case value when properly documented with credible medical evidence.
Every crosswalk becomes a minefield when you've been struck by a car. You'll freeze at intersections, even with the walk signal. Other pedestrians will push past while you're paralyzed by the memory of impact.
Pedestrian PTSD manifests as complete avoidance of busy streets or panic attacks when car horns sound nearby. Insurance companies challenge psychological injuries more aggressively than broken bones, demanding proof your anxiety stems from the collision rather than general urban stress. The serious injury threshold under Insurance Law § 5102(d) covers psychological harm that significantly impairs daily functioning, you don't need visible wounds. Begin treatment immediately with trauma specialists who understand accident-related PTSD and can document how the incident destroyed your basic mobility confidence.
Your damages depend heavily on where the accident happened and whether you were following traffic rules. Under Vehicle & Traffic Law § 1151, drivers must yield to pedestrians in crosswalks, but if you were jaywalking or crossed against a signal, your compensation gets reduced by your percentage of fault. That's still recoverable money under New York's pure comparative fault rule.
The $50,000 no-fault PIP coverage handles immediate medical bills, but you need to meet the serious injury threshold in Insurance Law § 5102(d) to recover pain and suffering damages. Broken bones, permanent disability, or significant disfigurement typically qualify. If it's a hit-and-run, your own uninsured motorist coverage becomes the source of recovery. Settlements range from tens of thousands for minor injuries to millions when you're catastrophically hurt with clear driver fault.
Objective medical findings control settlement value above everything else. X-rays showing fractured ribs or a broken femur create concrete proof that an insurance adjuster can't dismiss. Soft tissue injuries need consistent MRI findings and doctor reports that connect your pain to the impact, not pre-existing arthritis. Treatment duration tells its own story, emergency room visits followed by six months of physical therapy demonstrate ongoing injury better than sporadic doctor appointments.
Permanent impairment drives the biggest settlements. Scarring on your face or hands carries weight because juries see visible damage. Limping, limited shoulder mobility, chronic back pain, these affect your daily life in ways insurance companies must compensate. Lost income is pure math: missed work days, reduced earning capacity, future medical costs.
Vehicle & Traffic Law § 1151 doesn't guarantee fault lies entirely with the driver. Jaywalking or crossing against signals reduces your recovery under comparative fault rules. But even 70% fault on your part doesn't bar compensation. Policy limits can cap recovery regardless of injury severity, which is when we pursue SUM coverage against your own insurer.
Economic losses hit first through New York's no-fault system. Personal Injury Protection covers $50,000 in medical bills and lost wages within 30 days of filing, regardless of fault. Essential services like childcare or housekeeping get reimbursed too.
Pain and suffering damages require meeting the "serious injury" threshold under Insurance Law § 5102(d). Fractures, permanent limitations, or significant disfigurement qualify. Even partial fault doesn't eliminate your claim, pure comparative negligence means you recover damages reduced by your percentage of responsibility.
Hit-and-run scenarios aren't dead ends. Your auto policy's Supplementary Uninsured Motorist coverage applies to pedestrian strikes. Property damage to phones, glasses, or clothing gets handled separately. Vehicle & Traffic Law § 1151 establishes right-of-way rules that create clear liability patterns, especially at crosswalks and intersections where most pedestrian crashes occur.
Yes, and pedestrian injuries often demand extensive future care because your body can't withstand vehicle impact. When a 4,000-pound SUV strikes you in a crosswalk, the damage extends far beyond what emergency rooms can fix.
Your orthopedic surgeon might predict knee replacement surgery in eight years, or your neurologist could recommend ongoing monitoring for traumatic brain injury symptoms. These aren't speculation, they're medical necessities based on your specific injuries. New York's no-fault coverage provides $50,000 for immediate treatment under Insurance Law § 5102(a), but serious pedestrian injuries exceed that quickly. Your future medical claim comes from the at-fault driver's liability insurance, where there's no cap. Document every medical opinion about future needs. Insurance adjusters will challenge speculative treatments, but they can't dispute clear medical recommendations from your treating physicians.
VTL § 1151 crosswalk cases usually resolve within 8-12 months when fault is clear-cut. But serious injuries change everything. You can't settle a traumatic brain injury case until neurologists establish maximum medical improvement, sometimes 18 months post-accident.
The $50,000 PIP coverage runs out fast with major injuries. Surgery, rehab, lost wages, it's gone in weeks. Then you're fighting over Insurance Law § 5102(d)'s serious injury threshold while medical bills pile up. Insurance companies drag out these determinations, ordering multiple IMEs and challenging every treatment.
Hit-and-run cases take longer because you're claiming against your own SUM/UM coverage. Your carrier has different incentives than the at-fault driver's insurer. They'll scrutinize everything twice as hard since they're paying out of their own pocket. Expect 12-18 months minimum when permanent disability is involved.
Most pedestrian cases settle without seeing a courtroom, but that doesn't mean you shouldn't prepare for trial. The reality? Insurance companies evaluate pedestrian claims differently when they know your lawyer isn't afraid of depositions and jury selection.
Your case's path depends largely on whether your injuries meet New York's serious injury threshold under Insurance Law § 5102(d). If you've suffered a fracture, permanent limitation of function, or significant disfigurement, insurers typically engage more seriously in settlement discussions. But if they're disputing liability, claiming you jaywalked or ignored a signal under Vehicle & Traffic Law § 1151, filing suit becomes necessary to obtain traffic camera footage, witness statements, and police reports that aren't voluntarily shared.
We start building the trial case immediately. That means preserving intersection photos, downloading traffic signal timing data, and identifying witnesses before memories fade. This preparation creates settlement leverage because insurers know we're ready to present your case to a Manhattan or Nassau County jury.
Federal Motor Carrier Safety Regulations completely change the liability picture when trucks hit pedestrians. Under 49 CFR Part 395, truck drivers can't exceed 11 consecutive hours of driving or 14 hours on duty. We immediately subpoena the truck's Electronic Logging Device data and compare it against delivery schedules. Most violations create automatic liability.
The insurance coverage jumps dramatically too. While cars carry $25,000 minimum liability in New York, commercial trucks must carry $750,000 to $5 million depending on the cargo. When an 80,000-pound rig hits a pedestrian, injuries typically exceed the serious injury threshold under Insurance Law § 5102(d), meaning full pain and suffering recovery beyond your $50,000 PIP benefits. Multiple defendants often emerge: the driver, trucking company, freight broker who arranged the load, and sometimes the shipper who demanded impossible delivery times.
Rideshare pedestrian collisions trigger both no-fault coverage and the company's app-based insurance tiers. You'll receive $50,000 in PIP benefits within 30 days regardless of fault, but serious injury damages under Insurance Law § 5102(d) require proving the rideshare driver's liability.
The driver's app status controls coverage levels. Period 1 provides minimal protection while they're logged in waiting for rides. Periods 2 and 3, after accepting a pickup request, activate the full $1 million policy. Vehicle & Traffic Law § 1151 governs right-of-way at crosswalks, and rideshare drivers can't claim ignorance of basic traffic rules.
We preserve the app's trip data immediately because it shows the driver's exact location, speed, and passenger status at impact. Personal auto policies often exclude rideshare activity, making the company's coverage your primary recovery source. The insurance carrier evaluates your medical records against their policy limits, not against whether you were their customer.
Emergency vehicle statutes can't shield reckless government drivers from pedestrian accident liability. A fire truck responding to a call that strikes a pedestrian in a crosswalk gets limited protections under Vehicle & Traffic Law § 1104, but those protections evaporate when the driver acts with deliberate indifference to pedestrian safety.
The 90-day Notice of Claim deadline becomes your biggest enemy here. While private defendants get the full statute of limitations, government entities demand notice within three months of the accident. Miss that window and your case dies regardless of how severe the pedestrian's injuries are. Emergency response doesn't excuse running down pedestrians, courts have held that sounding sirens doesn't give drivers carte blanche to ignore basic safety protocols when navigating crosswalks.
Pedestrians struck by vehicles trigger automatic no-fault PIP coverage regardless of who's at fault, but that $50,000 won't last long with traumatic brain injuries or multiple surgeries. Vehicle & Traffic Law § 1151 gives pedestrians right-of-way in crosswalks, yet insurance companies immediately start building comparative fault arguments. Were you in the crosswalk? Did you check for traffic? What were you wearing?
Documentation becomes everything. Skid marks fade. Witnesses forget details. The driver's statement to police might contradict what they tell their insurer later. Even if you jaywalked or crossed against a signal, New York's pure comparative negligence means partial fault doesn't kill your case, it just reduces your recovery proportionally.
Insurance Law § 5102(d) requires "serious injury" to exceed no-fault and sue for pain and suffering. Broken bones, permanent limitation of function, significant disfigurement, these meet the threshold. Soft tissue injuries typically don't, which is why insurance companies push for quick settlements before the full extent of your injuries becomes clear.
CPLR § 214 gives you three years to file, but pedestrian cases can't wait that long. Surveillance footage from corner bodegas gets recycled every 30 days. Traffic signal timing data, crucial if the walk signal malfunctioned, disappears even faster. The NYPD's accident report might not capture whether you were in the crosswalk legally, so witness statements need to happen while people still remember.
New York's no-fault system requires written notice within 30 days, even when you're the pedestrian. That $50,000 in PIP benefits covers medical bills immediately, but only if you follow Insurance Law notice requirements precisely. Hit-and-run cases trigger your own insurance company's uninsured motorist coverage, creating additional notice deadlines you can't miss.
If the city's broken crosswalk signal or missing stop sign contributed to your accident, General Municipal Law § 50-e demands a Notice of Claim within 90 days. Not 91. The city's engineers will inspect that intersection eventually, but their repair work destroys the evidence of what was wrong when you got hit.
Police cruisers that strike pedestrians create two separate deadline tracks you can't ignore. The Notice of Claim must reach the city within 90 days under General Municipal Law § 50-e, but the criminal investigation into whether the officer violated VTL § 1151 right-of-way rules runs on its own timeline. Don't wait for the CCRB or internal affairs review to conclude.
State DOT vehicles operate differently. Court of Claims Act requires filing within 90 days, then two years to complete your negligence claim. If a snowplow hits you in a crosswalk, that's state liability with separate procedures from city cases. Fire department and ambulance accidents get the same 90-day municipal deadline despite their emergency vehicle status. The serious injury threshold under Insurance Law § 5102(d) still applies to government vehicle cases.
Pedestrian cases face brutal evidence destruction that most people don't realize. Traffic signal timing data gets overwritten on rolling 30-day cycles. Those intersection cameras recording your right-of-way? They're not kept indefinitely. If city infrastructure contributed, broken crosswalk signals, faded paint, missing yield signs, you've got just 90 days to file a Notice of Claim. That's not 90 days to think about it. That's 90 days total.
No-fault PIP requires written notice within 30 days, and pedestrians need this coverage more than anyone. Your injuries are typically severe enough to blow through that $50,000 quickly. Vehicle & Traffic Law § 1151 right-of-way disputes depend on proving exactly what the intersection looked like when you were hit. Road crews don't wait around, they fix visibility problems, adjust signal timing, repaint crosswalks. Wait six months and you're trying to prove what no longer exists.
Crosswalk cameras capture everything, but they're overwritten quickly. We secure surveillance footage from traffic signals, nearby businesses, and dashboard cameras before they're automatically deleted. Insurance Law § 5102(d)'s serious injury threshold determines whether you recover beyond the $50,000 no-fault minimum, and we know which diagnostic findings satisfy each category.
Comparative fault calculations destroy pedestrian settlements when handled incorrectly. Even with right-of-way under Vehicle & Traffic Law § 1151, jaywalking or signal violations create percentage reductions. We reconstruct sight lines, measure crosswalk timing, and document weather conditions because a 20% fault finding costs you 20% of your settlement. Insurance companies assign blame aggressively in pedestrian cases.
We handle pedestrian accident cases on contingency. You don't pay attorney's fees unless we recover money for you. The fee comes as a percentage of your settlement or verdict.
Pedestrian cases often involve multiple insurance layers that complicate fee discussions. Your no-fault PIP coverage pays medical bills up to $50,000 regardless of fault, but that's separate from our representation. When we pursue the driver's liability coverage for pain and suffering damages, you need to meet Insurance Law § 5102(d)'s serious injury threshold. Hit-and-run cases get more complex because we're dealing with your own SUM coverage instead of the fleeing driver's insurer.
We take these cases because Vehicle & Traffic Law § 1151 gives pedestrians strong legal protection in crosswalks. Even if you were jaywalking or crossed against a signal, New York's comparative fault rules don't eliminate your claim entirely. The fee arrangement eliminates financial barriers when you're already facing medical bills and lost wages from someone else's careless driving.