Hurt in a NYC Crosswalk? Claim Maximum Injury Payouts

Why crosswalk cases are different

NYC pedestrian collisions frequently occur at signalized intersections, often involve turning vehicles, and may be captured by traffic or private cameras. Pedestrians generally have the right of way when signals permit crossing, but liability still turns on the specific facts—signal timing, driver speed, visibility, and whether vehicles yielded. See VTL § 1111-a (pedestrian-control signals) and VTL § 1151 (right of way in crosswalks). Because NYC has extensive potential video sources and multiple possible defendants, early investigation is critical to preserve footage and identify all insurance coverage.

Your immediate priorities after a crosswalk crash

• Call 911 and request a police report and EMS evaluation.
• Photograph the scene, signals, crosswalk markings, vehicle positions/damage, and your injuries.
• Look for cameras (traffic cams, building/security, bus/taxi/dash cams) and note locations for rapid preservation requests.
• Get names and contact information for witnesses and responding officers.
• Seek prompt medical care and follow treatment plans; gaps in care can reduce your recovery.
• Report the crash to your auto insurer if you are a covered person for no-fault benefits, and avoid recorded statements to other insurers before consulting counsel.

Compensation paths to maximize recovery

• No-Fault/Personal Injury Protection (PIP): Pays economic benefits (medical costs and a portion of lost wages) regardless of fault; eligibility and limits depend on the policies and facts. See Ins. Law § 5102 and § 5103.
• Bodily injury liability claim: If a driver was negligent (e.g., failed to yield or turned unsafely), you may pursue pain and suffering and other damages. Recovery depends on proving negligence and available insurance limits.
• Uninsured/Underinsured Motorist (UM/UIM): If the driver has no or insufficient coverage, your own UM/UIM (often called SUM in NY) may help up to your limits.
• Third-party liability: Potential claims against employers (if the driver was in the course of employment), vehicle owners, rideshare companies, or municipalities/property owners when dangerous conditions (e.g., obstructed sightlines or defective signals) contribute.
• Excess/umbrella coverage: Commercial or personal umbrellas can significantly increase available funds when primary limits are inadequate.

Fault, right of way, and comparative negligence

New York follows pure comparative negligence—your compensation can be reduced by your percentage of fault, if any, but recovery is still possible even if you share responsibility. See CPLR § 1411. Objective evidence like signal timing data, vehicle telematics, and video can clarify who had the right of way and how each party’s conduct contributed.

Serious injury threshold for pain-and-suffering claims

To recover non-economic damages (pain and suffering) from a motor vehicle accident, you generally must meet New York’s “serious injury” threshold. Qualifying categories include significant disfigurement, fracture, loss of a fetus, permanent loss or limitation of use of a body organ, member, function, or system, or a qualifying medically determined non-permanent impairment. See Ins. Law § 5102(d) and § 5104. Medical documentation and specialist opinions are essential to establish threshold and causation.

Key deadlines and notices

• Municipal defendants: For claims against a city agency or transit authority, a Notice of Claim is generally required within 90 days. See GML § 50-e. Many such actions must then be commenced within one year and 90 days. See GML § 50-i.
• Personal injury (negligence): Most New York negligence-based personal injury actions must be filed within three years. See CPLR § 214(5).
• Wrongful death: Generally two years from the date of death. See EPTL § 5-4.1.
• No-fault/PIP: Strict, short deadlines apply for submitting applications and medical bills under New York’s no-fault regulations; missing them can jeopardize benefits. Consult counsel promptly to preserve your rights.

Evidence that moves offers and verdicts

• Video: Intersection cameras, building security footage, buses/cabs, and dash cams.
• Signal data: Phase timing and logs to reconstruct right of way.
• Vehicle data: Event data recorders and telematics (speed, braking).
• Scene forensics: Skid marks, debris, sightlines, lighting, and weather.
• Medical evidence: Imaging, treating physician narratives, functional testing, and life-care plans.
• Economic losses: Wage records, employer statements, and vocational/rehab analyses.

Maximizing settlement value

• Identify every policy: At-fault driver, owner, employer, rideshare, UM/UIM (SUM), and any umbrellas.
• Prove threshold early: Secure treating doctor opinions and objective imaging.
• Quantify future losses: Use experts to value ongoing care, reduced earning capacity, and household services.
• Lock in liability: Preserve video, obtain signal timing, and secure witness affidavits quickly.
• Manage medical billing: Coordinate PIP, health insurance, and liens to keep more of your recovery.
• Be litigation-ready: Filing and preparing for trial often moves insurers toward higher offers.

FAQs

Can I recover if I was crossing against the signal?

Possibly. Under pure comparative negligence, your recovery may be reduced by your percentage of fault but is not barred entirely. Evidence like signal timing and video is critical.

Do I need to meet the serious injury threshold to get any money?

No. No-fault benefits can cover medical expenses and part of lost wages regardless of fault. The threshold generally applies to recovering pain and suffering from a motor vehicle defendant.

What if the driver fled the scene?

File a police report immediately. You may have UM/SUM coverage that applies to hit-and-run incidents. Prompt notice to your insurer is essential.

Can I sue the City of New York?

Often you must serve a Notice of Claim within 90 days and file suit within one year and 90 days for certain claims. Deadlines are strict; consult counsel quickly.

What to do next

Do not wait. Video can be overwritten quickly, and municipal claims can require early notice. A focused investigation and fast claim setup can materially affect your recovery. Our team can move fast to secure video, file required notices, coordinate benefits, and pursue every responsible party to seek the maximum available compensation. Contact us to get started.

Sources

• CPLR § 1411 (Comparative negligence)
• Ins. Law § 5102 (No-fault definitions; serious injury)
• Ins. Law § 5103 (Mandatory PIP)
• Ins. Law § 5104 (Threshold for lawsuits)
• VTL § 1111-a (Pedestrian-control signals)
• VTL § 1151 (Pedestrians’ right of way in crosswalks)
• GML § 50-e (Notice of Claim)
• GML § 50-i (Time to commence actions)
• CPLR § 214(5) (Three-year limitations period)
• EPTL § 5-4.1 (Wrongful death—two years)

Disclaimer: This blog is for general information only and is not legal advice. Reading it does not create an attorney–client relationship. Legal outcomes and deadlines vary by facts and jurisdiction; consult a licensed New York attorney about your specific situation.