Injured Walking in New York? Get a Tough PI Lawyer

Why Pedestrian Injury Cases Need Fast Action

New York pedestrian cases often turn on evidence that can vanish quickly: surveillance video that overwrites in days, vehicle data, roadway debris, and fading witness memories. An attorney can send preservation letters, secure camera footage, obtain police reports, and coordinate medical documentation to build leverage for negotiation or trial.

Common Causes of Pedestrian Injuries

• Drivers failing to yield at crosswalks
• Speeding or reckless turns, especially at intersections
• Distracted driving and improper cell phone use
• Impaired driving (alcohol or drugs)
• Poor visibility, inadequate lighting, or obstructed signage
• Unsafe road design or maintenance issues
• Defective vehicle components (e.g., brakes, lighting)

How Liability Works in New York

New York follows pure comparative negligence. If you are partly at fault, your recovery is reduced by your percentage of responsibility, but it is not barred. See CPLR § 1411.

Depending on the facts, multiple defendants and insurance carriers may be involved, including the at-fault driver’s liability insurer, the striking vehicle’s no-fault (PIP) insurer for first-party benefits, and potentially municipal or third-party entities. In some cases, optional coverages under your own policy (such as UM/SUM) may also be implicated. See Insurance Law § 3420.

No-Fault Benefits for Pedestrians

In New York, pedestrians struck by a motor vehicle are generally eligible for first-party no-fault (PIP) benefits paid by the insurer of the vehicle that struck them, regardless of fault. See Insurance Law § 5103. These benefits can cover reasonable and necessary medical expenses and certain other economic losses within the limits of basic economic loss as defined in Insurance Law § 5102. Your lawyer can identify the correct insurer, file timely applications, and contest denials.

Serious Injury Threshold and Pain-and-Suffering

To pursue pain-and-suffering damages against a negligent motorist in a New York motor-vehicle case, you generally must meet the statutory serious injury threshold. See Insurance Law § 5104(a) and § 5102(d). Qualifying categories include, for example:

• Death, dismemberment, significant disfigurement, fracture, or loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of a body organ or member
• Significant limitation of a body function or system
• Certain 90/180-day impairments documented by medical evidence

An attorney will coordinate medical evaluations and expert opinions to document threshold injuries and maximize your recovery.

When a Municipality May Be Involved

If your injury involves a city bus, a municipal vehicle, a defective sidewalk, or hazardous road conditions, special notice and timing rules may apply. Some claims require a notice of claim within 90 days. See General Municipal Law § 50-e. These deadlines are strictly enforced, so contact counsel promptly.

How a Lawyer Strengthens Your Case

• Investigates fault using video, vehicle data, scene analysis, and experts
• Identifies all insurance coverage and liable parties
• Handles no-fault and bodily injury claims and coordinates benefits
• Quantifies damages, including medical costs, lost earnings, household services, and non-economic loss
• Negotiates with insurers and litigates when needed

Compensation You May Recover

Depending on the facts and applicable law, recoverable damages can include medical expenses, rehabilitation and future care, lost wages and diminished earning capacity, out-of-pocket costs, and non-economic damages such as pain and suffering and loss of enjoyment of life. In rare cases, additional damages may be available where permitted by law.

FAQs

Can I recover if I was jaywalking?

Yes, but your compensation may be reduced by your percentage of fault under New York’s pure comparative negligence rule.

Which insurer pays my medical bills?

Generally, the PIP insurer for the striking vehicle pays first-party no-fault benefits, regardless of fault, subject to coverage limits and time requirements.

What is the serious injury threshold?

It is a statutory list of qualifying injuries you must meet to claim pain-and-suffering damages in most motor-vehicle cases in New York.

How long do I have to file a lawsuit?

Many negligence claims have a three-year limitations period, but shorter deadlines can apply, especially for municipal claims. Act quickly.

Do I need a lawyer if the driver was clearly at fault?

Yes. Liability disputes, coverage issues, and the serious injury threshold can jeopardize recovery without prompt legal action and documentation.

Act Promptly to Protect Your Rights

Legal time limits apply to injury claims. For many negligence claims, New York provides a three-year statute of limitations, see CPLR § 214(5), but shorter or different deadlines can apply, especially for claims against public entities. The safest approach is to consult counsel as soon as possible to avoid losing important rights.

Free Consultation

If you or a loved one was injured while walking in New York, we can review your case, explain your options, and act quickly to preserve evidence. Contact us for a free, no-obligation consultation.

Disclaimer: Attorney Advertising. This post is for general information only, is not legal advice, and does not create an attorney-client relationship. New York laws and deadlines change and vary by circumstances. Consult a licensed New York attorney about your specific situation. Past results do not guarantee a similar outcome.