Pedestrian Accident Lawyer Queens: Expert Help 2025
Your Rights After Being Hit by a Car in Queens
If you were hit by a car in Queens, you need a pedestrian accident lawyer Queens who understands local traffic, New York law, and how to fight insurance companies. After an accident, your first steps are critical: call 911 for medical help and a police report, document the scene with photos, get the driver’s information, and avoid admitting any fault. Before speaking to an insurer, contact an attorney.
With a successful claim, you can recover compensation for medical expenses, lost wages, property damage, and your pain and suffering. However, strict deadlines apply: you generally have 3 years for personal injury claims, 2 years for wrongful death, and only 90 days to file a notice of claim against NYC or the MTA.
Queens is a borough of walkers, but our busy streets pose serious risks. In 2021, Queens Boulevard alone saw over 200 accidents, and across NYC, pedestrians account for more than half of all traffic fatalities. When a car hits a pedestrian, the injuries are often catastrophic, leaving victims with medical bills, lost income, and an insurer aiming to pay as little as possible.
This guide explains your legal rights and why having a dedicated attorney is crucial. At Segal & Lax, our team has over 75 years of combined experience helping injured New Yorkers. As a trusted pedestrian accident lawyer Queens residents turn to, we understand the challenges you face and are prepared to fight for the full compensation you deserve.
Understanding Pedestrian Accident Risks and Your Rights in Queens
With over 2.4 million residents, Queens’ streets are alive with pedestrians. Unfortunately, this vibrancy comes with danger. In 2023, over 900 crashes in Queens involved pedestrians or cyclists, and most were preventable. Common causes we see repeatedly include:
- Distracted driving: Drivers texting, using GPS, or otherwise not paying attention to the road.
- Speeding: A car traveling at 40 mph in a residential zone has little time to react, turning minor incidents into catastrophes.
- Failure to yield: Drivers ignoring a pedestrian’s right of way in a crosswalk, often due to impatience or inattention.
- Drunk driving: Impaired reflexes and poor judgment create a deadly combination for anyone on foot.
- Dangerous road conditions: Poor lighting, faded crosswalks, and confusing intersections, like those on Queens Boulevard, contribute to accidents.
- Unsafe turns: Drivers often focus on vehicle traffic and fail to see pedestrians while turning right on red or left through an intersection.
As a pedestrian, you have legal rights. New York’s pedestrian safety laws give you the right of way in all crosswalks, marked or unmarked. Drivers must exercise caution to avoid hitting you. The statistics are sobering: over half of all traffic fatalities in New York City are pedestrians. Older adults and males are at a disproportionately high risk. We’ve covered this troubling trend in our blog on pedestrian fatalities.
Common Injuries Sustained in Pedestrian Accidents
A pedestrian has no protection against a multi-ton vehicle. The resulting injuries are often severe and life-altering.
- Traumatic brain injuries (TBIs): A blow to the head can cause concussions or severe TBIs, leading to permanent cognitive issues, memory loss, and disability.
- Spinal cord injuries: These can result in partial or complete paralysis, forever changing a person’s life and requiring extensive medical care.
- Broken bones and fractures: We frequently see clients with multiple fractures in their legs, arms, and pelvis, often requiring surgery and long-term physical therapy.
- Internal organ damage: The force of impact can cause internal bleeding and ruptured organs, which are life-threatening and not always immediately apparent.
- Lacerations and road rash: These painful injuries can lead to permanent scarring and may require skin grafts.
- Emotional trauma: The psychological impact, including anxiety, depression, and PTSD, is as real as any physical injury.
These injuries demand extensive medical treatment and can result in permanent disabilities. For more on how we handle these complex situations, visit our page on personal injury cases.
What to Do Immediately After Being Hit by a Car
The moments after an accident are chaotic. Your first priority is safety. If you can, move out of traffic; if not, stay still and wait for help. Call 911 immediately. It is crucial to get medical attention, even if you feel fine, as adrenaline can mask serious injuries like concussions or internal bleeding. A hospital visit also creates a vital medical record. If possible, document everything by taking photos of the scene, your injuries, and the vehicle. Collect the driver’s contact and insurance information, as well as contact details from any witnesses. Crucially, do not apologize or admit any fault. Finally, contact a pedestrian accident lawyer in Queens before you speak with any insurance company. Their goal is to minimize your claim, while ours is to protect your rights. For more guidance, see our page on car accidents.
How a Pedestrian Accident Lawyer in Queens Establishes Your Claim
Fighting an insurance company while recovering from an injury is overwhelming. A pedestrian accident lawyer Queens residents trust will manage the legal battle for you. Our process begins with a thorough investigation.
We start by obtaining the police report, which provides an initial assessment and witness information. We then act quickly to secure surveillance footage from traffic cameras, businesses, or dash cams before it is deleted. Witness statements are also vital, as different people notice different details that help build a complete picture of the event. Your medical records are essential to document the severity of your injuries and the required treatment. In complex cases, we may consult accident reconstruction professionals to analyze physical evidence and determine vehicle speeds and impact angles.
Insurance adjusters are trained to pay as little as possible. They may offer a quick, low settlement or try to get you to make a recorded statement they can use against you. We handle all communication with insurers on your behalf. We know their tactics and counter them with evidence, applying pressure to secure a fair offer. If they refuse to be reasonable, we are always prepared for litigation. Learn more about why hire our firm to handle your case.
Determining Liability and Proving Negligence
To win your case, we must prove another party’s negligence caused your injuries. This involves four key elements:
- Duty of Care: Every driver has a duty to operate their vehicle safely and watch for pedestrians.
- Breach of Duty: A driver breaches this duty by speeding, texting, or otherwise acting carelessly.
- Causation: We must show the driver’s breach directly caused the accident and your injuries.
- Damages: We document the full extent of your physical, emotional, and financial harm.
New York uses a “pure comparative negligence” rule. This means you can still recover compensation even if you were partially at fault. For example, if you are found 20% at fault, your compensation is reduced by 20%, but you are not barred from recovery. Our job is to minimize any fault assigned to you by highlighting the driver’s negligence. Insurers often try to blame the pedestrian, but a driver’s duty to avoid a collision remains paramount.
Liability may also extend to third parties, such as the City of New York for a broken traffic signal or an MTA bus. We investigate all potential sources of liability to maximize your recovery options.
Calculating the Full Value of Your Damages
An insurance adjuster’s valuation of your claim will likely be far too low. We calculate the full value by considering all your losses.
- Economic Damages: These are your tangible financial losses. This includes all current and future medical bills, from ambulance rides to long-term rehabilitation. It also covers lost wages for time missed from work and reduced earning capacity if your injuries affect your long-term ability to earn a living.
- Non-Economic Damages: These compensate for intangible suffering. This includes pain and suffering for your physical pain, emotional distress like anxiety or PTSD, and loss of enjoyment of life if you can no longer pursue hobbies or activities you once loved.
In the tragic event of a fatality, surviving family members can file a wrongful death claim for funeral expenses, lost financial support, and the loss of companionship. We handle these sensitive wrongful death cases with the compassion and determination they require. Our goal is to ensure your settlement or award reflects the true, lifelong impact of the accident.
Navigating New York’s Critical Deadlines: The Statute of Limitations
When you are recovering from an accident, legal deadlines may not be your top priority, but they are critical. New York law imposes strict time limits, known as statutes of limitations, for filing a claim. If you miss these deadlines, you lose your right to seek compensation, no matter how strong your case is.
For most pedestrian accident cases, you have three years from the date of the accident to file a lawsuit for your injuries and other damages. While three years may seem like a long time, it passes quickly when you are focused on healing.
If the accident resulted in a death, the timeline is shorter. A wrongful death claim must be filed within two years from the date of death.
Crucially, the rules are different if a government entity is involved. If you were hit by a city bus or injured due to a poorly maintained road, you must file a 90-day notice of claim with the appropriate agency. Missing this three-month window can permanently bar your claim. After the notice is filed, you have one year and 90 days from the incident to file the lawsuit.
There are rare exceptions, such as for minors, who have until their 21st birthday to file, or if the defendant leaves the state to avoid liability. However, you should not rely on these exceptions. The best course of action is to contact a pedestrian accident lawyer Queens as soon as possible. We will manage all deadlines and paperwork, protecting your legal rights while you focus on your recovery.
Frequently Asked Questions about Queens Pedestrian Accidents
After a pedestrian accident, you will have many questions. Here are answers to some of the most common concerns we hear from injured pedestrians in Queens.
Can I still get compensation if the driver fled the scene?
Yes. A hit-and-run is a crime, but you still have options for compensation. Your own auto insurance policy is the first place to turn. New York’s no-fault insurance (Personal Injury Protection or PIP) can cover up to $50,000 in medical bills and lost wages. If you have uninsured/underinsured motorist (UM/UIM) coverage, it can provide additional compensation.
If you don’t have these coverages, the Motor Vehicle Accident Indemnification Corporation (MVAIC) is a state fund designed to help victims of hit-and-run accidents. As your pedestrian accident lawyer Queens, we will investigate to identify the driver, but if they cannot be found, we will help you steer these other options to secure the benefits you are entitled to.
What if I was partially at fault for the accident?
Even if you were partially at fault—for instance, by jaywalking or crossing against a signal—you can still recover compensation in New York. The state follows a pure comparative negligence law. This means your total compensation is simply reduced by your percentage of fault. If you are found 20% at fault for an accident with $100,000 in damages, you can still recover $80,000.
Insurance companies will try to place as much blame on you as possible to reduce their payout. Our job as your lawyer is to build a strong case demonstrating that the driver’s negligence—such as speeding or being distracted—was the primary cause of the accident, minimizing any fault assigned to you.
Why should I hire a pedestrian accident lawyer in Queens?
Hiring a lawyer allows you to focus on your recovery while a professional handles the legal complexities. Insurance companies use tactics to minimize payouts, such as offering quick, low settlements or using your own words against you. We protect you from these strategies.
Personal injury law involves strict deadlines and procedural rules, including proving you meet New York’s serious injury threshold to sue for pain and suffering. We steer this system for you. Most importantly, we work to maximize your compensation by accurately calculating all your damages, including future medical needs, lost earning capacity, and pain and suffering. Our clients typically recover far more than they could on their own. We work on a no win, no fee basis, so there is no financial risk to you. For more on this, read our blog on facing a personal injury case in NYC.
Get the Representation You Deserve
Being injured in a pedestrian accident in Queens can turn your life upside down. You have the right to hold the negligent party accountable and seek full compensation for your medical bills, lost income, and pain and suffering.
Time is of the essence. Evidence disappears, and strict legal deadlines approach quickly. The sooner you contact a pedestrian accident lawyer Queens residents trust, the stronger your case will be. At Segal & Lax, our team has over 75 years of combined experience fighting for injured New Yorkers. We know Queens, and we know how to win.
We operate on a no win, no fee basis, meaning you pay nothing unless we recover compensation for you. While you focus on healing, we will handle the insurance companies, gather evidence, and fight for every dollar you deserve. You are not just a case number to us; we provide the personalized representation you need.
Don’t let an insurer pressure you into a low settlement. Contact us for a free consultation on your pedestrian accident case today. We will review your case, answer your questions, and explain your options with no obligation. Let us fight for the justice and compensation you deserve.