The NYC Trial Lawyers Group

Practice Areas

Pedestrians Struck by Motor Vehicles

Unfortunately, many pedestrian accident victims deal with not having their accidents taken seriously by others, particularly if they failed to follow traffic regulations to the letter. For example, crossing a street against a “Don’t Walk” sign is, legally speaking, negligent behavior—but ordinary people do it all the time, particularly in New York City, where following other walkers through a congested intersection may mean the difference between getting to work on time or not. 

If you are wondering whether legal action is advisable in your own pedestrian case, you should know that New York is a pure comparative negligence state. That means that even if you are found to have some share of negligence, you may still recover damages from any share of negligence that was caused by the driver.

Only an experienced attorney, with the benefit of legal insight and means to investigate adequately, can determine how liability may operate in your specific case, so it’s important to consult one early. A good attorney will never pursue a case that is not viable and will not judge you in the event that your case falls into that category, provided you are honest about what occurred. In any event, you are doing the responsible thing by seeking legal advice about your accident.

CALL 516-778-0441

Immediate Crucial Information

Many pedestrian accident victims are clearly injured and therefore likely to receive immediate medical attention on the scene, so a medical record of the accident is a given. However, if you do not appear to be seriously injured, it is still important to call 911 as soon as possible to receive an immediate medical evaluation. First, a medical professional will be able to assess any injury that may not be immediately apparent, allowing you to take action before the problem worsens. This issue often surfaces with head injuries and spine trauma. Second, the call will allow you to generate a record of the incident.

However, until you have retained an attorney, you should be careful not to speak to investigators associated with the defendant or to the defendant’s insurance company if they attempt to contact you. Your attorney should be part of that conversation, as well as the decision to have it.

Meanwhile, pedestrian accident victims in New York State have several rights of which you should immediately be aware.

  • If you, as a pedestrian, are injured by a vehicle in New York State, you have the right to have your medical expenses, up to $50,000, paid through the vehicle’s no-fault insurance. You do not have to prove fault on the part of the driver to receive this compensation, and it applies regardless of whether you or the driver is a resident of New York State. However, you have only 30 days from the date of your accident to file a claim with the driver’s insurance provider by notifying the insurer, in writing, of the details of the incident. This deadline is critical and means that you should be proactive in your efforts to consult with an attorney.
  • If your injuries in a pedestrian accident result in loss of earnings, you have a right to have those earnings recouped pursuant to the de minimis no-fault laws in the State of New York: 80% of your salary, not to exceed $2,000 per month.

The Importance of Early Investigation

Unfortunately, some personal injury firms have lengthy timelines for investigation, reviewing a case 30 days after submission and considering the investigation after months have elapsed. It is the policy of The NYC Trial Lawyers Group to conduct an initial investigation as soon as our firm is retained. Within a few days, a witness’s memories can become unreliable, existing security footage may be overwritten, and the defense has the opportunity to gather evidence during this period. We go to the scene as soon as possible to search for witnesses, enlist the help of experts to analyze data, and act quickly to obtain any surveillance footage that might be available. We endeavor to beat the defense to the punch on every case.

CALL 516-778-0441

What If I’m Partly Responsible for the Accident?

Unfortunately, many pedestrian accident victims deal with not having their accidents taken seriously by others, particularly if they failed to follow traffic regulations to the letter. For example, crossing a street against a “Don’t Walk” sign is, legally speaking, negligent behavior—but ordinary people do it all the time, particularly in New York City, where following other walkers through a congested intersection may mean the difference between getting to work on time or not. 

If you are wondering whether legal action is advisable in your own pedestrian case, you should know that New York is a pure comparative negligence state. That means that even if you are found to have some share of negligence, you may still recover damages from any share of negligence that was caused by the driver.

Only an experienced attorney, with the benefit of legal insight and means to investigate adequately, can determine how liability may operate in your specific case, so it’s important to consult one early. A good attorney will never pursue a case that is not viable and will not judge you in the event that your case falls into that category, provided you are honest about what occurred. In any event, you are doing the responsible thing by seeking legal advice about your accident.

Immediate Crucial Information

Many pedestrian accident victims are clearly injured and therefore likely to receive immediate medical attention on the scene, so a medical record of the accident is a given. However, if you do not appear to be seriously injured, it is still important to call 911 as soon as possible to receive an immediate medical evaluation. First, a medical professional will be able to assess any injury that may not be immediately apparent, allowing you to take action before the problem worsens.  This issue often surfaces with head injuries and spine trauma.  Second, the call will allow you to generate a record of the incident.

However, until you have retained an attorney, you should be careful not to speak to investigators associated with the defendant or to the defendant’s insurance company if they attempt to contact you. Your attorney should be part of that conversation, as well as the decision to have it.

Meanwhile, pedestrian accident victims in New York State have several rights of which you should immediately be aware.

  • If you, as a pedestrian, are injured by a vehicle in New York State, you have the right to have your medical expenses, up to $50,000, paid through the vehicle’s no-fault insurance. You do not have to prove fault on the part of the driver to receive this compensation, and it applies regardless of whether you or the driver is a resident of New York State. However, you have only 30 days from the date of your accident to file a claim with the driver’s insurance provider by notifying the insurer, in writing, of the details of the incident. This deadline is critical and means that you should be proactive in your efforts to consult with an attorney.
  • If your injuries in a pedestrian accident result in loss of earnings, you have a right to have those earnings recouped pursuant to the de minimis no-fault laws in the State of New York: 80% of your salary, not to exceed $2,000 per month.