New York Pedestrian Accident? Hold Drivers Accountable

Your Rights After a New York Pedestrian Accident

If you were struck by a motor vehicle in New York, you may qualify for no-fault Personal Injury Protection (PIP) benefits for reasonable and necessary medical care and certain economic losses, regardless of fault. See the New York Department of Financial Services guidance on no-fault benefits for pedestrians DFS No-Fault.

When injuries meet New York’s statutory serious injury definition, you may also bring a liability claim against the negligent driver for full damages, including pain and suffering. See Insurance Law § 5102(d).

Fault and No-Fault: How They Work Together

New York’s no-fault system generally directs injured pedestrians to seek PIP benefits first from the insurer of the involved vehicle DFS No-Fault. If your injuries satisfy the serious injury threshold, you may pursue a separate claim against the at-fault driver for losses not covered by no-fault, including non-economic damages Ins. Law § 5102.

New York applies pure comparative negligence. Your damages, if any, can be reduced by your percentage of fault but recovery is not barred solely because you share responsibility. See CPLR § 1411.

Common Driver Negligence in Pedestrian Cases

Driver conduct often associated with pedestrian crashes includes speeding, failure to yield at crosswalks, running red lights or stop signs, distracted driving (including handheld device use), impaired driving, unsafe turns, and ignoring school or work zones.

Useful evidence can include dashcam or surveillance footage, vehicle electronic data, phone records, traffic signal timing data, and witness statements.

What To Do After a Pedestrian Accident

• Call 911 to request police and medical help.
• Collect the driver’s name, license, plate, and insurance information.
• Ask witnesses for contact details; take photos or video of the scene, vehicles, crosswalks, signals, and your injuries.
• Seek prompt medical evaluation, even if symptoms seem minor.
• Notify applicable insurance promptly to preserve no-fault benefits.
• Avoid broad statements or recorded interviews until you understand your rights.
• Consult a New York attorney early to manage deadlines and preserve evidence.

Insurance and Compensation

Potential sources of compensation may include:

• No-fault (PIP) coverage from the vehicle’s insurer for medical and certain economic losses DFS No-Fault.
• The at-fault driver’s bodily injury liability coverage if the serious injury threshold is met Ins. Law § 5102.
• Your own uninsured/underinsured motorist coverage, where applicable. In some hit-and-run or uninsured-driver scenarios, certain individuals may have recourse through the Motor Vehicle Accident Indemnification Corporation MVAIC, subject to eligibility and strict deadlines.

Recoverable damages in a liability claim can include medical expenses, lost wages, reduced earning capacity, out-of-pocket costs, and, where the threshold is met, non-economic losses such as pain and suffering.

Time Sensitivity and Notices

Deadlines are critical and fact-specific:

• No-fault applications are generally due within 30 days of the accident, subject to limited exceptions DFS No-Fault.
• Claims involving public entities may require a Notice of Claim within as little as 90 days GML § 50-e.

Other deadlines (including statutes of limitations and MVAIC timelines) can apply. Speak with a lawyer promptly to protect your rights.

How a Lawyer Helps You Hold Drivers Accountable

An experienced New York pedestrian accident attorney can investigate liability, secure video and electronic data before it is overwritten, coordinate medical documentation for no-fault and liability claims, communicate with insurers, evaluate serious-injury threshold issues, and prepare your case for settlement or trial.

Frequently Asked Questions

Do I have a case if I wasn’t in a crosswalk?

Possibly. Liability depends on the specific facts and comparative negligence rules. You may still recover even if you share some fault CPLR § 1411.

Can I recover if the driver left the scene?

You may have options through uninsured motorist coverage and, in certain circumstances, through MVAIC if no insurance is available, subject to eligibility and prompt reporting MVAIC.

Will insurance cover my medical bills right away?

No-fault benefits are designed to address reasonable and necessary medical expenses and certain economic losses regardless of fault, subject to policy terms and applicable law DFS No-Fault.

Next Steps

If you were injured as a pedestrian in New York, act quickly. Preserve evidence, get medical care, and speak with a lawyer who understands no-fault, the serious injury threshold, and comparative negligence. Ready to talk? Contact our team.

Sources

• New York State Department of Financial Services — No-Fault Automobile Insurance
• New York Insurance Law § 5102 — Definitions (including serious injury)
• New York CPLR § 1411 — Comparative negligence
• New York General Municipal Law § 50-e — Notice of claim
• Motor Vehicle Accident Indemnification Corporation — Claimants

Disclaimer: This post is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Laws and deadlines vary by facts and jurisdiction. Consult a licensed New York attorney about your specific situation.