New York Pedestrian Car Accidents Lawyer

Pedestrian car accidents in New York can have devastating consequences, resulting in severe injuries and even fatalities. These accidents occur when a vehicle collides with a pedestrian, often leading to life-altering physical and emotional trauma. According to the New York Department of Health, in New York State approximately 300 pedestrians are killed and 15,000 are injured each year by motor vehicles. Men aged 65 and older had the highest rate of pedestrian deaths. It’s not surprising that within New York State, New York City has the highest percentage of pedestrian deaths and injuries. Within New York City, the highest percentage of pedestrian accident fatalities occurring in Brooklyn. Notably, pedestrians account for 52% of all New York City traffic fatalities and 33% of all severe injuries.

If you or a loved one has been involved in a pedestrian car accident in New York, it is essential to seek legal guidance from an experienced New York pedestrian accident lawyer. Navigating the legal complexities of a pedestrian accident case can be overwhelming, especially when dealing with the physical and emotional aftermath of the accident.

Pedestrian accidents happen in many ways. Some common causes include:

• Crosswalk Accidents – A driver fails to yield to a pedestrian in a marked or unmarked crosswalk. Under Vehicle and Traffic Law (VTL) § 1151, drivers must yield to pedestrians at marked crosswalks. Failure to do so can result in traffic violations, fines, and civil liability if an accident occurs. In heavily trafficked areas like New York City, right-of-way violations at crosswalks are a leading cause of pedestrian injuries. Even when pedestrians cross outside a designated crosswalk, drivers still have a duty to exercise due care under VTL § 1146 to avoid striking them. In Barbieri v. Vokoun, 72 A.D.3d 853 (N.Y. App. Div. 2010), the 77-year-old plaintiff was lawfully crossing 7th Street in East Meadow when she was struck by the defendant’s left-turning vehicle. The plaintiff testified that she had activated the pedestrian signal, waited for the light to change, and started crossing in the crosswalk when the defendant’s vehicle hit her shopping cart and then her, causing injuries. The defendant admitted seeing the plaintiff before starting his turn but did not keep her in view as he proceeded. His passenger confirmed that she did not see the plaintiff enter the crosswalk but heard the impact. The jury initially found the defendant not negligent, but the trial court set aside the verdict under CPLR 4404(a), ruling it was against the weight of the evidence. The Appellate Division affirmed, finding that the defendant had a duty to yield to pedestrians in the crosswalk under Vehicle and Traffic Law § 1111(a)(1) and that his failure to observe the plaintiff while turning constituted negligence. The court emphasized that a driver must exercise due care when making a turn, particularly when pedestrians are present and have the right of way. The plaintiff’s lawful presence in the crosswalk and the defendant’s failure to monitor her movements supported the trial court’s conclusion that the jury’s verdict was not supported by the evidence.
• Failure to Obey Traffic Signals – A driver runs a red light or stop sign, hitting a pedestrian. Traffic control devices are in place to prevent accidents, and disregarding them increases the risk of serious injuries. Under New York Vehicle and Traffic Law (VTL) § 1111, drivers must obey traffic signals, including red lights and pedestrian walk signals. Failure to do so may result in both criminal penalties and civil liability. In busy intersections, even a moment of inattention can lead to catastrophic injuries for pedestrians lawfully crossing the street.
• Distracted Driving – A driver using a phone or other device fails to see a pedestrian. New York Vehicle and Traffic Law (VTL) § 1225-d prohibits the use of handheld electronic devices while driving. Distracted drivers often fail to notice pedestrians crossing the street or walking along roadways, leading to avoidable accidents. In busy urban areas, even a brief glance at a phone can result in severe or fatal injuries to pedestrians. Studies have shown that reaction times are significantly delayed when drivers are engaged in texting or other distractions, increasing the likelihood of collisions.
• Turning Accidents – A driver turning at an intersection does not check for pedestrians. Left and right turns present a high risk to pedestrians, particularly when drivers focus on oncoming traffic rather than checking crosswalks. Under VTL § 1146, drivers must exercise due care to avoid striking pedestrians, but many fail to look both ways before completing a turn. This type of accident is common in cities where pedestrian crossings are heavily used, and drivers are in a hurry to complete their turns. Poor visibility due to parked cars, buildings, or obstructions can also contribute to these accidents, but drivers are still responsible for ensuring the path is clear.
• Speeding Accidents – A driver moving too fast cannot stop in time to avoid hitting a pedestrian. Speeding reduces a driver’s reaction time and increases the severity of injuries in pedestrian accidents. Under VTL § 1180, drivers must operate their vehicles at a safe speed based on road conditions and traffic. Studies show that a pedestrian hit by a car traveling at 40 mph is far more likely to suffer fatal injuries compared to a pedestrian struck at 20 mph. Speeding is particularly dangerous in school zones, residential areas, and near crosswalks where pedestrians are likely to be present.
• Parking Lot Accidents – A driver backing out of a space without looking may hit a pedestrian. Many pedestrian accidents occur in parking lots, where drivers may not check their surroundings before reversing. Although speeds are generally lower, the impact of even a slow-moving vehicle can cause serious injuries, particularly to children or elderly pedestrians. Drivers are expected to yield to pedestrians and check for foot traffic before moving their vehicles. In cases where parking lot design contributes to reduced visibility, property owners may also share liability for failing to maintain a safe environment.
• Sidewalk Accidents – A vehicle veers off the road and strikes a pedestrian on a sidewalk. This can occur due to driver negligence, mechanical failures, or emergency maneuvers that result in loss of control. Under New York law, drivers must remain in their designated lanes and take precautions to avoid endangering pedestrians. In some cases, sidewalk accidents result from reckless driving, intoxication, or medical emergencies. Pedestrians struck on sidewalks often have little to no time to react, making these incidents particularly dangerous.
• Drunk Driving - Drunk driving is a leading cause of pedestrian accidents in New York, often resulting in serious injuries or fatalities. Impaired drivers have reduced reaction times, poor judgment, and difficulty staying in designated lanes, increasing the likelihood of striking pedestrians at crosswalks, intersections, and sidewalks. New York Vehicle and Traffic Law § 1192 prohibits operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, with stricter limits for commercial drivers and minors. Despite these laws, intoxicated drivers continue to endanger pedestrians, particularly in high-traffic areas like Manhattan and Brooklyn. Victims of drunk driving accidents may have legal claims against the driver and, in some cases, the establishment that served them alcohol under New York's Dram Shop laws.

An experienced New York pedestrian accident lawyer can evaluate the circumstances of the accident to determine liability.

Injured pedestrians may have legal options. New York law allows accident victims to seek compensation if another party’s negligence caused the accident. To establish negligence, the injured party must show:

1. The driver had a duty to drive safely.
2. The driver breached that duty.
3. The breach caused the accident.
4. The pedestrian suffered injuries as a result.

New York Vehicle and Traffic Law (VTL) §1112 requires drivers to yield to pedestrians at crosswalks. Failure to do so may support a negligence claim. If negligence is established, an injured pedestrian may be entitled to compensation.

Liability depends on the facts of the case. Possible defendants include:

• Drivers – If a driver was distracted, impaired, speeding, or otherwise negligent, they may be responsible. Under New York law, all drivers have a duty to operate their vehicles with reasonable care to prevent harm to others. If a driver violates traffic laws or fails to pay attention, they can be held liable for any injuries caused. In some cases, a driver may also face criminal charges, such as in incidents involving drunk or reckless driving. Pedestrians injured by negligent drivers can pursue compensation through personal injury claims and, in severe cases, punitive damages may apply.
• Employers – If the driver was working at the time, their employer may also be liable under vicarious liability laws. Under the legal doctrine of respondeat superior, an employer can be held responsible for the actions of an employee who was acting within the scope of their job duties at the time of the accident. This often applies to delivery drivers, truck drivers, and other commercial vehicle operators. If the employer failed to properly train or supervise the driver, they may also be liable for negligence. Employers who encourage unsafe driving practices, such as requiring excessive hours on the road, can face additional liability claims.
• Government Entities – If the accident was caused by a poorly maintained road, missing traffic signals, or improper signage, the city or state may be responsible. Under New York law, municipalities and state agencies are responsible for maintaining roadways, crosswalks, and traffic control devices in safe working order. If a dangerous road condition contributed to a pedestrian accident, a government entity may be held liable under negligence laws. However, claims against government entities are subject to stricter filing deadlines, including a 90-day notice requirement under the New York General Municipal Law § 50-e. Legal claims involving government liability can be complex, requiring an experienced pedestrian accident attorney in New York to navigate the process.
• Property Owners – If a vehicle struck a pedestrian due to hazards on private property, the property owner may be liable. Businesses and landlords must ensure that their parking lots, driveways, and other pedestrian areas are safe and free from hazards. If a poorly designed parking lot, inadequate lighting, or a lack of signage contributed to the accident, the property owner may be held responsible under premises liability laws. In some cases, inadequate security measures, such as failing to prevent reckless driving in a commercial area, can also lead to liability. Property owners must take reasonable steps to prevent foreseeable dangers, including those that could lead to pedestrian injuries.
• Vehicle Manufacturers – If a defect in the car contributed to the accident, the manufacturer may bear responsibility. Some pedestrian accidents are caused by vehicle malfunctions, such as brake failures, stuck accelerators, or defective steering components. Under product liability laws, manufacturers, distributors, and designers can be held accountable for defects that make a vehicle unsafe. If a defect contributed to the accident, the injured pedestrian may be able to file a claim against the manufacturer under strict liability laws. Past lawsuits involving defective vehicle components, such as faulty airbags and unintended acceleration, have resulted in significant settlements and recalls.
• Bars and Restaurants: New York's Dram Shop Act (General Obligations Law § 11-101) holds bars, restaurants, and other alcohol vendors liable for injuries caused by intoxicated patrons if they unlawfully provided alcohol. If a visibly intoxicated or underage individual is served alcohol and later injures a pedestrian while driving, the establishment may be responsible for damages. This law allows injured pedestrians to sue both the drunk driver and the business that supplied the alcohol. However, proving liability requires evidence that the vendor knowingly sold alcohol to an intoxicated person or minor and that this directly contributed to the accident.

New York imposes strict deadlines for filing lawsuits related to pedestrian accidents. Under CPLR § 214, the statute of limitations for personal injury cases is three years from the date of the accident. This means that if an injured pedestrian does not file a lawsuit within three years, they may lose the right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.

Wrongful Death. If the accident resulted in a wrongful death, a different statute of limitations applies. Under EPTL § 5-4.1, the deceased’s personal representative has two years from the date of death to file a wrongful death lawsuit against the responsible party. However, claims for pain and suffering before death may still be subject to the three-year personal injury statute of limitations.

Government Entity/Municipality. When the at-fault party is a government entity, such as a city, county, or the State of New York, the deadline is significantly shorter. Under General Municipal Law § 50-e, an injured pedestrian must file a Notice of Claim within 90 days of the accident if they intend to sue a municipal entity. This applies to cases where the accident was caused by issues such as defective traffic lights, poorly maintained roads, or hazardous pedestrian crossings under municipal control. After filing the Notice of Claim, the pedestrian must wait at least 30 days for the municipality to respond before filing a lawsuit. The actual lawsuit must then be filed within one year and 90 days from the accident date under General Municipal Law § 50-i.

Missing these deadlines can completely bar a pedestrian from recovering any compensation, regardless of the severity of their injuries. Because procedural requirements vary based on the circumstances of the accident, consulting an experienced New York pedestrian accident lawyer as soon as possible is critical to ensuring compliance with the necessary deadlines.

Victims of pedestrian accidents may be entitled to various damages, including:

• Medical Expenses – Medical expenses in pedestrian accidents include coverage for hospital bills, emergency room visits, surgeries, and physical therapy required due to injuries sustained in the collision. Victims often require diagnostic tests such as MRIs, CT scans, and X-rays to assess fractures, internal injuries, or head trauma. Pedestrians who suffer from spinal cord damage or limb fractures may need assistive devices such as wheelchairs, prosthetics, or braces. Additionally, ongoing medical care, prescription medications, and psychological therapy for emotional distress caused by the accident may be necessary. The financial impact of these medical expenses can be overwhelming, making compensation critical for ensuring continued treatment and recovery.
• Lost Wages – Lost wages refer to the compensation a pedestrian receives for time missed at work due to injuries sustained in the accident. This includes wages lost during the recovery period as well as any reduction in future earning capacity if the injuries result in long-term disabilities. In cases where a pedestrian is unable to return to their previous job, they may also be entitled to compensation for job retraining or career adjustments.
• Pain and Suffering – Pain and suffering damages compensate victims for the physical pain they endure due to their injuries, including long-term discomfort, reduced mobility, and chronic medical conditions that impact their daily lives. Emotional distress, which falls under pain and suffering, includes the psychological toll of an accident, such as anxiety, depression, post-traumatic stress disorder (PTSD), and the loss of enjoyment of life. These damages acknowledge that injuries affect not just a person’s physical well-being but also their mental and emotional stability, often requiring therapy and long-term adjustments to daily living. In Delosovic v. Higgins Trucking Co., the plaintiffs sued after a tragic pedestrian accident at a New York intersection. Fatima Delosovic was crossing Seventh Avenue with her three children when a 14-wheel tractor-trailer, owned by Higgins Trucking and driven by Stephen Rapczak, struck them. Her two older children, ages 2 and 5, were killed, while her infant son survived with minor injuries. The plaintiffs sued Higgins Trucking, the truck manufacturer International Harvester, and the City of New York, alleging negligent truck design and unsafe pedestrian signals. The jury awarded $25 million, including $9.5 million to Mrs. Delosovic for emotional distress. Liability was apportioned: 44% to Higgins and Rapczak, 28% to Harvester, and 28% to the City. The City moved to set aside the verdict, arguing that the pedestrian signals met safety standards. The court upheld liability, ruling that the city failed to ensure safe crossing times. However, the court reduced damages, finding the emotional distress and wrongful death awards excessive, ultimately setting them at $2.5 million and $100,000 per child, respectively.
• Loss of Earning Capacity – If injuries prevent the victim from working in the same capacity as before, they may be entitled to compensation for the reduction in their future earning potential. This includes not only lost wages but also lost opportunities for promotions, career advancements, or salary increases they would have received had the accident not occurred. In cases where the victim can no longer perform their previous job, they may also receive compensation for vocational training or education needed to transition into a new line of work. Economic experts may be used to calculate the long-term financial impact of the injury, factoring in inflation, job growth, and industry trends.
• Punitive Damages - Punitive damages in New York pedestrian accident cases are awarded in rare instances where a driver’s conduct is especially reckless or intentional. Unlike compensatory damages, which cover medical expenses and lost wages, punitive damages are meant to punish the wrongdoer and deter similar behavior. Courts may grant these damages in cases involving drunk driving, hit-and-run accidents, or extreme recklessness, such as excessive speeding in a school zone. To obtain punitive damages, plaintiffs must prove the driver acted with a willful disregard for others' safety. New York courts set a high bar for these awards, requiring clear and convincing evidence.
• Wrongful Death Damages – If a pedestrian is killed, surviving family members may seek compensation under EPTL §5-4.1, which allows for damages related to the financial and emotional loss suffered due to the victim’s death. Compensation may include funeral and burial expenses, loss of financial support the victim would have provided, and the value of services the deceased contributed to the household. Surviving spouses and children may also recover damages for the loss of companionship, parental guidance, and emotional suffering caused by the untimely death. Courts may also award punitive damages in cases where the driver’s actions were reckless or intentional, such as in instances of drunk driving or excessive speeding. Families pursuing a wrongful death claim must adhere to strict filing deadlines, making legal representation essential in ensuring they receive the compensation they deserve.

A New York pedestrian accident lawyer can evaluate damages and help recover the maximum compensation available.

New York follows a no-fault insurance system, which allows pedestrians struck by a motor vehicle to seek compensation through the driver’s insurance, regardless of who was at fault. However, coverage is limited, and additional legal options may be necessary.

• No-Fault Insurance Coverage. Under New York Insurance Law § 5102, no-fault benefits include coverage for medical expenses, lost wages, and other necessary costs, up to $50,000. This includes hospital bills, doctor visits, rehabilitation, prescriptions, and transportation to medical appointments. Lost wages are reimbursed at 80% of earnings, up to $2,000 per month, for up to three years. However, no-fault insurance does not cover pain and suffering or non-economic damages. If the pedestrian’s medical bills exceed the no-fault limit or they suffer long-term disabilities, they may need to pursue a claim against the at-fault driver.
• Pain and Suffering. To recover damages for pain and suffering in a personal injury lawsuit, a pedestrian must meet New York’s “serious injury” threshold under Insurance Law § 5102(d). Qualifying injuries include significant disfigurement, fractures, permanent loss or limitation of an organ or limb, or an inability to perform normal activities for at least 90 of the 180 days following the accident. If the threshold is met, the injured pedestrian may sue the at-fault driver for compensation, including pain and suffering, future lost wages, and long-term medical costs. In Kurthy v. Sands, 2021 N.Y. Slip Op. 33193 (N.Y. Sup. Ct. 2021), the court upheld a $700,000 jury award for future pain and suffering after a 73-year-old pedestrian sustained multiple fractures and permanent injuries. The defendant argued the award was excessive and that pre-existing conditions contributed to the plaintiff’s symptoms. However, the court found the jury’s decision reasonable, citing medical evidence supporting the plaintiff’s claims.
• Uninsured Driver or Driver who Flees the Scene. Pedestrians hit by an uninsured driver or involved in a hit-and-run still have options. They may be able to file a claim under their own Uninsured Motorist (UM) coverage if they have auto insurance. If they do not have their own insurance, they may be eligible to seek compensation through the Motor Vehicle Accident Indemnification Corporation (MVAIC), a state-funded program that helps victims of uninsured or hit-and-run drivers.

Insurance companies may delay, deny, or minimize payouts, making it difficult for injured pedestrians to recover full compensation. Consulting an experienced New York pedestrian accident lawyer can help ensure all claims are properly filed, negotiate with insurance companies, and pursue full compensation for medical expenses, lost wages, and pain and suffering. Understanding insurance options and legal rights is critical after a pedestrian accident. Seeking legal advice early can help maximize available compensation.

Q. What if the driver fled the scene?

A. If a driver leaves the scene, the pedestrian may seek coverage through their own uninsured motorist (UM) policy. Reporting the accident to the police immediately can help support a claim. Additionally, the pedestrian may be eligible for compensation through the Motor Vehicle Accident Indemnification Corporation (MVAIC), a state program that provides benefits to victims of hit-and-run accidents. Gathering any available evidence, such as witness statements or surveillance footage, can also strengthen the claim and improve the chances of obtaining compensation.

Q. Can I still sue if I was partially at fault?

A. Yes. Under CPLR §1411, New York follows a comparative negligence rule, meaning that even if a pedestrian shares some fault for an accident, they can still recover damages. However, their compensation will be reduced by their percentage of fault.

In Thoma v. Ronai, 189 A.D.2d 635 (N.Y. App. Div. 1993), the plaintiff was lawfully crossing East 79th Street in a crosswalk when she was struck by a van making a left turn from First Avenue. She argued that she had the right of way and sought summary judgment. However, the court denied her motion, ruling that a driver's failure to yield does not automatically establish liability.

The court emphasized that pedestrians must also exercise reasonable care, including checking for turning vehicles. Because the plaintiff admitted she had not seen the van before impact, the court found a factual issue regarding her comparative negligence. The jury, not the court, had to determine whether she took appropriate precautions.

This case highlights that while a driver may be negligent, a pedestrian’s awareness and actions can impact the outcome of a claim. Even if a pedestrian is partially at fault, they may still pursue compensation, though the final award will be adjusted based on their share of responsibility.

Q. What if the driver was uninsured?

A. If the driver has no insurance, the injured pedestrian may file a claim under their own uninsured motorist (UM) coverage. However, if the pedestrian does not have UM coverage—such as in cases where they do not own a vehicle—they may be eligible to seek compensation through the Motor Vehicle Accident Indemnification Corporation (MVAIC). MVAIC provides financial assistance to pedestrians injured by uninsured or hit-and-run drivers, but specific eligibility requirements must be met, including timely reporting of the accident to law enforcement. Consulting with an experienced pedestrian accident attorney in New York can help determine the best course of action for securing compensation in these situations.

Q. How much does it cost to hire a pedestrian accident lawyer?

A. Most pedestrian accident lawyers work on a contingency fee basis, meaning legal fees are only paid if compensation is recovered.

Pedestrian accidents in New York can have devastating consequences for victims and their families. If you or a loved one has been involved in a pedestrian car accident, it is crucial to consult with an experienced pedestrian accident attorney serving New York. At Stephen Bilkis & Associates, we understand the complexities of pedestrian car accident cases and are committed to fighting for the rights of our clients. We will assess your case, gather evidence, and navigate the legal process to help ensure you receive the compensation you deserve. Contact us to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Nassau County, Queens, Bronx, Brooklyn, Long Island, Staten Island, Suffolk County, and Westchester County.