Queens pedestrian accident attorney: 2025 Rights!

Understanding Your Legal Options After a Pedestrian Accident in Queens

A Queens pedestrian accident attorney helps injured pedestrians recover compensation for medical bills, lost wages, and pain and suffering. If you’ve been hit by a car in Queens, you have legal options.

Key Steps for Pedestrian Accident Victims:

• File a personal injury claim against the at-fault driver’s insurance.
• Pursue a lawsuit if the insurance settlement is too low.
• Claim under your own insurance for a hit-and-run or uninsured driver.
• File within 3 years of the accident (2 years for wrongful death).
• File within 90 days if a government entity is involved.

Walking in Queens should be safe, but the reality is different. Over half of all traffic fatalities in New York City are pedestrians, and in 2023, Queens saw over 900 crashes involving pedestrians or cyclists. When a car strikes you, the physical, financial, and emotional impact can be devastating.

Navigating insurance claims and legal deadlines while recovering from serious injuries is overwhelming. This is where legal representation becomes essential.

As Mark Segal, I’ve spent over 35 years representing New Yorkers injured in pedestrian accidents. I understand the unique challenges victims in Queens face. At Segal & Lax, we provide personalized attention and fight for the maximum compensation our clients deserve.

Understanding the Scope of Pedestrian Accidents in Queens

Queens is a vibrant borough where millions walk daily, but this vitality comes with risks. The numbers are hard to ignore. Queens Boulevard, nicknamed the “Boulevard of Death,” saw 223 traffic accidents in 2021 alone. The problem is borough-wide.

Over half of all traffic fatalities in New York City are pedestrians. In 2023, Queens recorded more than 900 crashes involving pedestrians or cyclists. Behind each number is a person whose life was changed in an instant. Certain groups face greater danger: older adults over 65 are highly vulnerable, and males are about twice as likely as females to be killed in these accidents. These aren’t just statistics to us at Segal & Lax—they represent the real people we’ve helped over our 75 years of combined service to New York families.

Common Causes of Pedestrian Accidents

Most pedestrian accidents are caused by someone’s negligence. A Queens pedestrian accident attorney can investigate the cause, which often includes:

• Driver Negligence: This is the root of most cases and includes running red lights, ignoring stop signs, and failing to yield the right of way to pedestrians in crosswalks.
• Distracted Driving: Drivers looking at phones, adjusting the radio, or otherwise not paying attention can easily miss a pedestrian.
• Speeding: Exceeding the speed limit reduces a driver’s reaction time and dramatically increases injury severity. A pedestrian struck at 40 mph has an 85% chance of being killed.
• Drunk Driving: Alcohol and drugs impair judgment and slow reaction times, a deadly combination around pedestrians.
• Failure to Yield & Unsafe Turns: Many drivers don’t look carefully before turning or assume they can beat a pedestrian across an intersection. This is especially dangerous during left turns or right turns on red.
• Poor Road Conditions: Inadequate lighting, faded crosswalks, or obscured signs can contribute to accidents. In these cases, government entities may share liability. You can read more about common accident causes on Queens roads.

Common Injuries Sustained in Collisions

A pedestrian has no protection in a collision, so injuries are often severe, life-altering, or fatal.

• Traumatic Brain Injuries (TBI): These range from concussions to severe brain damage, causing cognitive impairment, memory loss, and permanent disability.
• Spinal Cord Injuries: Damage to the spinal cord can result in partial or complete paralysis. Our firm handles complex spinal cord injury cases and understands the compensation needed for lifetime care.
• Broken Bones and Fractures: Fractures of the legs, arms, pelvis, and ribs are common, often requiring surgery and extensive rehabilitation.
• Internal Organ Damage: Blunt force trauma can cause life-threatening internal bleeding or ruptured organs, which may not be immediately apparent. This is why seeking immediate medical attention is critical.
• Soft Tissue Injuries: Damage to muscles, ligaments, and tendons can be incredibly painful, debilitating, and require long-term physical therapy.
• Psychological Trauma: Many victims develop anxiety, depression, or PTSD. These emotional injuries deserve compensation just as much as physical ones.

When injuries are severe, they are considered a catastrophic injury, requiring careful documentation of all current and future damages. An attorney can help ensure you receive full compensation for all injuries and their lasting effects.

Your Rights and Immediate Steps After a Queens Pedestrian Accident

The moments after a car hits you are disorienting, but what you do next can significantly impact your health and your ability to secure fair compensation.

Your health is the top priority. Adrenaline can mask serious pain, and injuries like concussions or internal bleeding aren’t always immediately obvious. Call 911 for police and an ambulance. A police report is a cornerstone of your case.

If you are able, take these steps:

• Gather Information: Get the driver’s name, contact info, insurance details, and license plate number.
• Document the Scene: Use your phone to take photos and videos of the scene, vehicle damage, road conditions, traffic signals, and your injuries.
• Find Witnesses: Ask anyone who saw the accident for their name and contact information. Independent accounts are invaluable.
• Do Not Admit Fault: Avoid saying “I’m sorry” or anything that could be twisted by insurance adjusters. Stick to the facts.
• Preserve Evidence: Keep the clothes and shoes you were wearing.

After receiving medical care, follow all your doctor’s instructions and keep records of all treatments. Also, be cautious about posting on social media, as insurance companies monitor accounts for anything they can use against you. For a more detailed guide, see our page on what to do after an accident.

Know Your Rights as a Pedestrian in New York

New York law gives pedestrians strong protections. Understanding these rights is the foundation of your legal claim.

• You have the right of way in marked crosswalks. Drivers must yield to you.
• You also have the right of way at intersections without painted crosswalks. The law treats the extension of a sidewalk as a legal crosswalk.
• When the “Walk” signal is displayed, you have the legal right to cross. Always look both ways to ensure drivers see you.

Beyond specific rules, drivers have a broad duty of care to avoid hitting pedestrians. This is codified in New York Vehicle and Traffic Law Sections 1151 and 1146. You can learn more about pedestrian rights in NY from official state resources.

How Liability is Determined

Determining who is legally responsible for a pedestrian accident requires a thorough investigation. Evidence used to establish fault includes:

• Police Reports: These provide an initial assessment of fault and document any traffic violations.
• Surveillance Footage: Video from traffic lights, businesses, or dashcams can provide clear proof of what happened.
• Witness Statements: Independent accounts can corroborate your version of events.
• Accident Reconstruction: In complex cases, professionals can analyze physical evidence to recreate the accident and establish facts like vehicle speed.

New York uses a pure comparative negligence system. This means you can still recover compensation even if you were partially at fault. For example, if a jury finds you were 20% at fault for an accident and awards $100,000 in damages, you would receive $80,000. Insurance companies will try to maximize your percentage of fault to pay less, which is why having a Queens pedestrian accident attorney is so important. You can learn more about how New York uses comparative negligence in personal injury cases.

Navigating the Legal Claim Process with a Queens Pedestrian Accident Attorney

After a pedestrian accident, managing medical bills, lost income, and legal procedures on your own is overwhelming. Insurance adjusters work for the insurance company, not you. Their goal is to minimize what they pay.

A dedicated Queens pedestrian accident attorney levels the playing field. We know how insurance companies operate and how to counter their tactics. We calculate the true value of your claim, including future medical needs and lost earning capacity. We handle the paperwork, meet deadlines, and negotiate aggressively on your behalf. Having a legal team in your corner provides peace of mind, allowing you to focus on healing while we focus on securing the compensation you deserve. At Segal & Lax, we provide serious, personalized representation. Learn more about why hire us and our client-focused approach.

Responsibilities of a Queens Pedestrian Accident Attorney

When you work with our firm, we manage every aspect of your claim. Our responsibilities include:

• Investigating the Accident: We collect police reports, witness statements, surveillance footage, and medical records. We also work with accident reconstruction professionals when necessary.
• Gathering Evidence: We compile detailed proof of your losses, including medical bills, documentation of lost wages, and accounts of your pain and suffering.
• Establishing Liability: We use the evidence to clearly determine who was at fault for the accident.
• Calculating Damages: We calculate the full value of your claim, accounting for all current and future economic and non-economic losses.
• Negotiating Settlements: We handle all communications with insurance companies and push back against lowball offers.
• Representing You in Court: If a fair settlement cannot be reached, we are fully prepared to take your case to trial.

Our approach to working with a personal injury lawyer is always client-focused and transparent.

Understanding the Statute of Limitations

You have a limited time to file a lawsuit. Missing this strict legal deadline can mean losing your right to compensation forever.

• For personal injury claims in New York, you generally have three years from the date of the accident to file a lawsuit.
• For a wrongful death lawsuit, the estate representative has two years from the date of death.
• If a government entity is involved (e.g., an MTA bus or a dangerous city-maintained road), you must file a Notice of Claim within just 90 days.

Don’t wait. Consulting an attorney promptly ensures all deadlines are met.

What Damages Can a Queens Pedestrian Accident Attorney Help You Recover?

Our goal is to recover comprehensive compensation for all your losses, which fall into two categories.

Economic Damages cover your tangible financial losses:

• Past and future medical bills (hospital stays, surgery, physical therapy)
• Lost wages and income
• Reduced future earning capacity
• Property damage (phone, glasses, etc.)

Non-Economic Damages address the intangible impact on your quality of life:

• Pain and suffering (physical and chronic pain)
• Emotional distress (anxiety, depression, PTSD)
• Loss of enjoyment of life

Our firm has a strong track record of securing significant compensation. You can view some of our results to see how we’ve helped others rebuild their lives.

Frequently Asked Questions about Pedestrian Accident Claims

After a pedestrian accident in Queens, it’s natural to have questions about your legal rights. Here are answers to some of the most common concerns we hear.

Can I still recover compensation if I was partially at fault for the accident?

Yes. New York follows a “pure comparative negligence” rule. This means you can still recover damages even if you share some responsibility for the accident. Your compensation will simply be reduced by your percentage of fault.

For example, if a court finds you were 20% at fault and your total damages are $100,000, you would still recover $80,000. An insurance company will try to assign you a higher percentage of fault to reduce their payout. A Queens pedestrian accident attorney can fight to protect your right to fair compensation. You can read the official text on how comparative negligence works in New York.

What if the driver who hit me was uninsured or fled the scene?

If an uninsured or hit-and-run driver injures you, you still have options for compensation. This is a frightening scenario, but you are not without recourse.

• No-Fault (PIP) Coverage: Your own auto insurance policy’s Personal Injury Protection (PIP) can cover your initial medical bills and lost wages up to $50,000, regardless of fault.
• Uninsured/Underinsured Motorist (UM/UIM) Coverage: This optional coverage on your auto policy can compensate you for injuries when the at-fault driver has no insurance or not enough insurance.
• MVAIC: If you don’t have access to auto insurance, the New York Motor Vehicle Accident Indemnification Corporation (MVAIC) is a state-funded program that provides benefits to victims of uninsured and hit-and-run drivers.

An attorney can help you steer these options. For more information, visit our page on hit and run accidents.

How long does it take to settle a pedestrian accident case in Queens?

The timeline for every case is different, ranging from a few months to over a year, especially if a trial is necessary. The duration depends on several factors:

• Severity of Your Injuries: Cases involving serious injuries often take longer because it’s wise to wait until you reach “Maximum Medical Improvement.” This ensures we have a clear picture of your long-term needs before settling.
• Case Complexity: Disputes over liability or the involvement of multiple parties can extend the timeline.
• Insurance Company Tactics: A cooperative insurer can lead to a faster settlement. An uncooperative one may use delay tactics, which we fight, but this can add time.

While we work efficiently, our priority is to never rush a settlement that doesn’t fully cover your losses. We will keep you informed at every stage.

Secure the Representation You Deserve

When a pedestrian accident in Queens turns your world upside down, the path forward can feel overwhelming. We’ve covered the risks pedestrians face, your legal rights under New York law, and the critical steps to take after an accident.

Navigating the legal system while recovering from serious injuries is a heavy burden. You’re facing medical bills and lost income while insurance companies work to minimize your claim. Meanwhile, strict deadlines are ticking—you have just three years for a personal injury claim, and as little as 90 days if a government entity is involved.

You should not have to face this journey alone.

At Segal & Lax, we have over 75 years of combined experience helping New Yorkers recover the compensation they deserve after pedestrian accidents. We know Queens, and we know how to fight insurance companies and steer the complexities of New York personal injury law.

We make legal representation accessible with our “no win, no fee” promise. You pay nothing upfront, and we only collect a fee if we win your case. There is no financial risk to you.

Every client receives personalized attention. You are not just a case number; you are our neighbor who deserves justice. Whether your injuries are catastrophic or you’re dealing with the emotional trauma of the accident, we are here to fight for every dollar you are owed.

Time is critical. Evidence can be lost and deadlines can pass. The sooner you contact us, the stronger your case can be.

Contact a Queens Pedestrian Accident Attorney for a Free Consultation today. Let’s discuss what happened and how we can help you move forward. Your first step toward recovery starts with a simple, no-cost conversation.