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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.

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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:

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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:

Call 911 and Get Medical Attention
INSERT description e.g. Your health is the most important thing. Even if you don’t feel hurt, it’s a good idea to see a doctor because some injuries might not show symptoms right away.
Document the Scene and Gather Witnesses
INSERT description e.g. You need to seek legal advice for your personal injury lawsuit as soon as possible. Time is of the essence if temporary factors like road conditions played a role in your accident.
File a No-Fault Claim Within 30 Days
INSERT description e.g. Report the accident to the police. Don’t assume that a bystander called the police. If you’re unable to call for yourself, ask someone to call on your behalf.
Consult an Attorney Before Speaking to Insurers
INSERT description e.g. If you can, collect information from the accident scene. If you’re too injured to do so, don’t delay medical treatment in an attempt to gather evidence. Leave the accident reconstruction up to your seasoned legal team.

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.

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Questions About Pedestrian Accidents in New York