Pedestrian Accident Lawyer New York: Top 2025 Justice
Understanding Your Rights After a Pedestrian Accident in NYC
A pedestrian accident lawyer new york helps victims of traffic collisions secure compensation for medical bills, lost wages, and pain and suffering. If you suffered serious injuries, are facing mounting medical bills, or are dealing with an uncooperative insurance company, legal help is essential.
A lawyer can investigate the accident, file your No-Fault claim within the 30-day deadline, identify all liable parties, calculate your full damages, and negotiate with insurance companies for maximum compensation. Most attorneys work on a contingency fee basis, meaning you pay nothing unless they win your case.
Walking in New York City should not be a life-threatening activity, yet thousands of pedestrians are injured in collisions with motor vehicles across New York each year. The aftermath can be devastating, as victims face serious injuries, lost income, and complex insurance claims.
New York law provides protections for pedestrians, including access to No-Fault insurance and the right to pursue compensation from negligent drivers. However, insurance companies often try to minimize payouts. I’m Mark Segal, and for over three decades, my firm, Segal & Lax, has represented injured New Yorkers in pedestrian accident cases. As a pedestrian accident lawyer new york residents trust, I understand the challenges of these cases. This guide will explain what to do after a collision, how compensation works, and why an attorney is vital for your claim.
The Reality of Pedestrian Accidents in New York City
New York City’s vibrant streets come with real risks. Pedestrian crashes are far more likely to result in serious injury or death than other traffic accidents. A staggering 72% of all pedestrian crashes in New York happen in the five boroughs, and over half of all traffic deaths in NYC involve someone on foot. These statistics represent real people whose lives are changed in an instant.
Primary Causes of Pedestrian Collisions
Driver negligence is almost always the root cause of these collisions. Common factors include:
- Speeding: A pedestrian’s chance of survival drops from 90% when struck at 20 mph to just 10% at 40 mph.
- Running Red Lights and Illegal Turns: Many drivers ignore traffic laws in their rush, striking pedestrians who have the right of way in marked crosswalks.
- Distracted Driving: A driver looking at a phone for just five seconds at 30 mph travels the length of a football field without watching the road. Our page on Driver Distractions details this growing problem.
- Drunk Driving: Alcohol impairs judgment and slows reaction time. Our resources on Drunk Driving Accidents can help if you were hit by an impaired driver.
- Fatigued Drivers: Drowsiness affects the brain similarly to alcohol, leading to delayed reactions and poor decisions.
- Poor Infrastructure: In some cases, poorly designed intersections, missing crosswalks, or inadequate lighting contribute to accidents, and the city may share liability.
- E-scooters and E-bikes: These vehicles often use sidewalks illegally, creating unexpected hazards for people on foot.
While NYC’s Vision Zero initiative has made progress, our streets are far from safe. As a pedestrian accident lawyer new york families rely on, I see the devastating results of negligence every day.
Common Injuries Sustained by Pedestrians
Without the protection of a vehicle, a pedestrian’s body absorbs the full force of a collision, often leading to catastrophic injuries.
- Traumatic Brain Injuries (TBI): A blow to the head can cause concussions or severe trauma, leading to memory loss, cognitive impairment, and permanent disability.
- Spinal Cord Damage: These injuries can result in partial or complete paralysis, requiring lifelong medical care and assistance.
- Broken Bones and Fractures: “Bumper fractures” to the legs and pelvis are common, as are multiple fractures from being thrown onto the vehicle and then to the ground.
- Soft Tissue Injuries: Sprains and tears to muscles and ligaments can cause chronic pain and limited mobility for years.
- Internal Organ Damage: The force of impact can cause life-threatening internal bleeding or ruptured organs. Learn more about these hidden injuries from this resource on internal organ damage.
- Psychological Trauma: Many victims develop anxiety, depression, or post-traumatic stress disorder (PTSD) after such a terrifying event. These invisible wounds are real injuries that deserve compensation.
The combination of medical bills and lost wages can be financially crushing, which is why securing full compensation is critical to rebuilding your life.
Your Legal Rights and Immediate Steps to Take
The moments after a pedestrian accident are chaotic and painful. The actions you take, however, can significantly impact your ability to recover the compensation you deserve. Protecting your health and preserving your legal rights must happen quickly.
What to Do Immediately After a Pedestrian Accident
Your first priority is always safety and health. Follow these critical steps:
- Get to Safety and Call 911: If you can, move out of traffic. A 911 call brings emergency medical services and creates an official police report, which is a cornerstone of your case.
- Seek Immediate Medical Evaluation: Adrenaline can mask serious injuries like concussions or internal bleeding. A medical evaluation not only protects your health but also creates a record linking your injuries to the accident.
- Document Everything: Use your phone to take photos and videos of the vehicle, its license plate, your injuries, skid marks, traffic signals, and the overall scene.
- Exchange Information: Get the driver’s name, contact information, insurance details, and license plate number. Don’t rely solely on the police report, which can take weeks to obtain.
- Get Witness Information: Independent witnesses who saw the accident can provide powerful testimony to support your claim.
- Do Not Admit Fault: Even saying “I’m sorry” can be twisted by insurance companies to suggest you were responsible. Stick to the facts when speaking to the driver or police.
- Contact a Lawyer: The sooner an attorney is involved, the faster they can preserve evidence and handle communications with insurance companies. Many victims make costly mistakes in the first few days; our guide on the Top 10 Mistakes That Can Destroy Your Personal Injury Case explains what to avoid.
Understanding New York’s No-Fault Insurance Law
If you are a pedestrian hit by a vehicle in New York, you are covered by the state’s No-Fault insurance system. This allows you to get medical bills and lost wages paid quickly, regardless of who was at fault.
Every New York auto insurance policy includes at least $50,000 in Personal Injury Protection (PIP) coverage. This will cover your necessary medical expenses and a portion of your lost wages (up to 80% of your salary, capped at $2,000 per month).
The most critical part is the deadline: you have only 30 days from the date of the accident to file your No-Fault application. If you miss this deadline, you could lose your right to these benefits entirely. This is a primary reason to contact a pedestrian accident lawyer new york residents trust right away. We ensure all forms are filed correctly and on time.
No-Fault benefits cover your immediate needs, but for serious injuries, you may be entitled to pursue a personal injury lawsuit for compensation beyond these limits. For more details, the New York State Department of Financial Services offers helpful No-Fault FAQs.
Navigating the Legal Claim with a Pedestrian Accident Lawyer in New York
Once you’ve addressed your immediate medical needs, the legal process begins. This is where a dedicated pedestrian accident lawyer new york becomes your advocate, guiding you through the complexities of proving fault and meeting critical deadlines.
How a Pedestrian Accident Lawyer in New York Proves Liability
Building a strong case requires a thorough investigation to prove who was responsible. Evidence can disappear quickly, so we act fast.
Our investigation includes:
- Analyzing the Scene: We examine the accident location for factors like road conditions, lighting, and signage.
- Reviewing Police Reports: The official report provides a foundation with officer observations and statements.
- Finding Surveillance Footage: We search for video from nearby businesses, traffic cameras, and doorbell cameras that may have captured the incident.
- Interviewing Witnesses: We get statements from third parties while their memories are fresh.
- Using Reconstruction Professionals: For complex accidents, we may work with professionals who analyze physical evidence to recreate the collision and demonstrate driver negligence.
We also identify all potentially liable parties. While the driver is the primary focus, a trucking company or even the city could share responsibility. We use New York Vehicle and Traffic Law, including Sections 1151 and 1146 which require drivers to yield to pedestrians, to build your case. The principles of determining liability guide our entire process. You can learn more about our approach to Personal Injury cases on our site.
How Comparative Negligence Affects Your Claim
Many clients worry they can’t recover compensation if they were partially at fault. Fortunately, New York uses comparative negligence. This rule means you can still recover damages even if you were partly responsible. Your total compensation is simply reduced by your percentage of fault.
For example, if a court finds you 15% at fault for crossing mid-block and your total damages are $100,000, you would still receive $85,000. Insurance companies will try to shift as much blame as possible onto you to reduce their payout. Our job is to fight these arguments and minimize any fault attributed to you.
Deadlines for Filing Your Claim
New York has strict deadlines, known as statutes of limitations, for filing injury claims. Missing them means losing your right to compensation forever.
- General Deadline: For most pedestrian accident cases, you have three years from the date of the accident to file a lawsuit.
- Claims Against Government Bodies: If your accident involved a government entity (like an MTA bus or a poorly maintained city street), the timeline is much shorter. You must file a Notice of Claim within 90 days and file a lawsuit within one year and 90 days.
- Wrongful Death Claims: If an accident results in a fatality, the family generally has two years from the date of death to file a lawsuit. Learn more on our Wrongful Death page.
These deadlines are firm. Contacting a lawyer immediately is the best way to ensure you don’t miss your chance for justice.
Why You Need an Experienced Attorney for Your Case
After a pedestrian accident, you should be focused on healing, not fighting with insurance companies. An experienced pedestrian accident lawyer new york can level the playing field against insurance adjusters whose job is to minimize your claim.
At Segal & Lax, we have over 75 years of combined experience countering the tactics insurance companies use. We provide personalized attention because we know you’re not just a case number. You deserve an advocate who will listen and fight for you. Learn more about our commitment on our Why Hire Us page.
The Role of a Pedestrian Accident Lawyer in New York in Negotiations
Insurance adjusters are trained to settle claims for as little as possible. They may offer a quick, low settlement before you know the full extent of your injuries. Once you accept, you can’t ask for more money later.
We protect you from this by:
- Handling all communications with the insurance companies so you don’t say something that could be used against you.
- Calculating your total damages, including future medical care, lost earning capacity, and pain and suffering. We work with medical and economic professionals to assess the full, long-term impact of your injuries.
- Aggressively negotiating for a fair settlement. We come to the table with a case built on strong evidence, prepared to go to trial if necessary. This approach often encourages insurers to make a reasonable offer.
While you focus on your recovery, we handle the legal work. For more on this process, see our page on Working with a Personal Injury Lawyer.
Securing Maximum Compensation for Your Injuries
Compensation is meant to make you as whole as possible after someone else’s negligence. Your damages fall into two categories:
Economic Damages are your tangible financial losses:
- Medical Bills: All past, current, and future costs for treatment, surgery, rehabilitation, and medication.
- Lost Income and Earning Capacity: Wages you’ve already lost and future income you’ll lose if your injuries prevent you from returning to your job or working at the same level.
Non-Economic Damages compensate for intangible losses:
- Pain and Suffering: For the physical pain and discomfort from your injuries.
- Emotional Distress: For the anxiety, fear, and depression resulting from the trauma.
- Loss of Enjoyment of Life: For the inability to participate in activities you once loved.
- Disfigurement: For permanent scarring or other physical changes.
In fatal accidents, a wrongful death claim can also seek compensation for funeral expenses and the family’s loss of companionship. See our Wrongful Death page for more.
To pursue a lawsuit beyond No-Fault benefits in New York, you must have a “serious injury” as defined by law. This includes fractures, dismemberment, significant disfigurement, or an injury that substantially limits your daily activities for 90 of the first 180 days post-accident. Most pedestrian accidents meet this threshold. A pedestrian accident lawyer new york can ensure your injuries are properly documented to meet this requirement.
Our track record on our Results page shows our commitment to securing maximum compensation. We work on a “no win, no fee” basis, so you pay nothing unless we win your case.
Frequently Asked Questions about NYC Pedestrian Accidents
After an accident, you’re bound to have questions. Here are answers to some of the most common concerns we hear from injured pedestrians in New York City.
How much does it cost to hire a pedestrian accident attorney?
Hiring our firm costs you nothing upfront. We work on a contingency fee basis, which means our fee is a percentage of the compensation we recover for you. If we don’t win your case, you owe us nothing in attorney’s fees. This ensures everyone has access to quality legal representation, regardless of their financial situation.
Can I still recover compensation if I was partially at fault, like for jaywalking?
Yes. New York follows a pure comparative negligence rule. This means you can still recover damages even if you were partially to blame for the accident. Your total compensation will simply be reduced by your percentage of fault. For example, if you were found 20% at fault, you could still recover 80% of your damages. An insurance company will try to place as much blame on you as possible, so having a pedestrian accident lawyer new york is crucial to protect your right to fair compensation.
What if I was injured in a hit-and-run accident?
Even if the driver fled the scene, you have options. If you or a household member has auto insurance, your Uninsured Motorist (UM) coverage can cover your damages. New York requires all policies to have this coverage. If you don’t have access to a policy, the Motor Vehicle Accident Indemnification Corporation (MVAIC) is a state fund that provides benefits to victims in your situation.
In any hit-and-run case, it is absolutely critical to report the accident to the police within 24 hours. This report is required to file a UM or MVAIC claim. We can help you steer these complex claims, as explained on our Hit and Run Accidents page.
Take the First Step Towards Justice
The aftermath of a pedestrian accident is overwhelming. You’re dealing with pain, medical bills, and an uncertain future. You shouldn’t have to fight this battle alone.
At Segal & Lax, we understand what you’re going through. We approach every case with the care and determination needed to fight for the compensation you deserve. We work on a “no win, no fee” basis, so you pay nothing unless we win your case. There is no financial risk to you.
With over 75 years of combined experience in pedestrian accident cases across New York City, we know how to build strong claims and counter insurance company tactics. We handle the legal complexities so you can focus on getting better.
Your free consultation is just a phone call away. We will listen to your story and provide honest answers about your legal options with no obligation. If you or a loved one was injured in a pedestrian accident in New York City, don’t wait. Let our pedestrian accident lawyer new york team put our decades of experience to work for you.
Learn more about our approach to Pedestrian Accidents or contact us today to schedule your free consultation. Let us take it from here.