Pedestrian Accident Attorney in New York City

Hit by a car while walking in NYC? Call (212) 725-8500 for a free consultation. We've won millions for pedestrian victims across all five boroughs. No fees unless we win your case.

Free Consultation - (212) 725-8500

A pedestrian accident attorney at Michael Gunzburg, P.C. helps people struck by negligent drivers in NYC crosswalks, intersections, and sidewalks recover compensation for medical bills, lost wages, and pain and suffering. Michael Gunzburg, P.C. has secured $3 million, $2.85 million, and $2.5 million in verdicts and settlements for pedestrian accident victims across all five boroughs, on a contingency fee basis, so clients pay nothing unless the firm wins.

When a driver strikes you while you're walking, the injuries can be severe: broken bones, traumatic brain injuries, spinal cord damage, or worse. Medical bills start arriving before you're back on your feet, and lost paychecks pile up during recovery. Insurance companies often try to shift blame onto the pedestrian or offer a settlement that falls well short of what the case is worth. With 39+ years of NYC trial experience, and as both a licensed attorney and a Certified Public Accountant, Michael Gunzburg calculates the full economic impact of an injury, medical costs, lost income, and future earning capacity, with a precision most personal injury lawyers cannot match. Call (212) 725-8500 for a free case review.

Pedestrian Accident Attorney Michael Gunzburg

Who Needs a Pedestrian Accident Attorney in New York City?

You need a pedestrian accident attorney if a driver struck you while you were lawfully crossing the street, walking on a sidewalk, or standing in any pedestrian area anywhere in New York City. This includes drivers who fail to yield at crosswalks, vehicles making illegal turns, distracted drivers on their phones, hit-and-run drivers who flee the scene, and delivery trucks or buses that strike pedestrians. Pedestrian accidents happen across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, particularly in high-traffic corridors like Midtown, the Financial District, Long Island City, Fordham, and St. George. Seniors, children, delivery workers, and nighttime pedestrians face the highest risk. If a negligent driver injured you anywhere in NYC, you need an attorney who understands the city's traffic laws, no-fault insurance rules, and the tactics insurance adjusters use to minimize claims.

Common Causes of Pedestrian Accidents in New York City

Most NYC pedestrian accidents trace back to a small set of recurring driver failures. Identifying the cause early shapes how a claim gets built and who can be held responsible.

Failure to Yield at Crosswalks

Under New York Vehicle and Traffic Law Section 1151, drivers must yield to pedestrians crossing within a marked or unmarked crosswalk. A driver who turns into a crosswalk without checking for pedestrians, or who fails to stop for someone already crossing, is violating this statute, and that violation is powerful evidence of negligence.

Distracted Driving and Cell Phone Use

New York bans handheld phone use and texting behind the wheel under VTL Sections 1225-c and 1225-d. A driver checking a text, a map, or a delivery app at the moment of impact is common in NYC pedestrian cases, and cell phone records can establish it.

Illegal and Unsafe Turns

Left turns across a crosswalk are one of the most common ways pedestrians get hit in Manhattan and the outer boroughs. Drivers focus on oncoming traffic and miss the person already in the crosswalk in front of them.

Speeding

Higher vehicle speed means less time to stop and worse injury outcomes when a collision happens. NYC's default 25 mph speed limit exists specifically to reduce the severity of pedestrian strikes under the city's Vision Zero initiative.

Running Red Lights and Stop Signs

Drivers who run a signal or blow through a stop sign often strike pedestrians who reasonably believed they had the right of way to cross.

Hit-and-Run Drivers

Some drivers flee after striking a pedestrian. New York's Motor Vehicle Accident Indemnification Corporation (MVAIC) exists to compensate victims when the driver cannot be identified or located, but claims must be filed correctly and on time.

Bus and Commercial Vehicle Accidents

Buses, delivery trucks, and other commercial vehicles have larger blind spots and longer stopping distances than passenger cars. When an MTA bus or a company-owned vehicle strikes a pedestrian, different filing rules and deadlines apply.

New York's Comparative Negligence Law: What If You Were Partly at Fault?

New York follows pure comparative negligence, which means you can recover compensation even if you were jaywalking, crossing against the signal, or otherwise partially responsible for the accident. Your total damages are reduced by your percentage of fault, not eliminated by it. If you are found 30% at fault, you still recover 70% of your damages.

A driver's obligation to watch for and avoid pedestrians does not disappear simply because you weren't inside a marked crosswalk. Insurance companies routinely try to inflate a pedestrian's share of fault to reduce what they pay. An experienced attorney pushes back on unfair fault assignments and gathers the evidence, witness statements, traffic camera footage, and accident reconstruction, needed to establish the driver's true share of responsibility. Call (212) 725-8500 to have your specific situation evaluated at no cost.

Who Is Liable for Your NYC Pedestrian Accident?

More than one party can share responsibility for a pedestrian accident, and identifying all of them affects how much compensation is available.

Negligent Drivers

The driver who struck you is the most common defendant. Speeding, distracted driving, failure to yield, and running signals are all forms of negligence under New York traffic law.

Employers Under Vicarious Liability

When a delivery driver, rideshare driver, or commercial driver causes an accident while working, the employer can be held responsible for the employee's negligence.

Vehicle Owners

An owner who lends a car to someone unfit or unlicensed to drive it can face liability for negligent entrustment, separate from the driver's own fault.

The City of New York and NYC DOT

A defective road condition, missing crosswalk marking, or malfunctioning traffic signal can make the City of New York or the NYC Department of Transportation a responsible party. These claims carry a strict, separate notice requirement, covered below.

MTA and NYC Transit

Accidents involving an MTA bus or transit vehicle follow the same government notice rules as claims against the city itself.

Compensation Available After a NYC Pedestrian Accident

No-Fault PIP Coverage, Up to $50,000

New York's no-fault law requires the at-fault driver's insurance to pay up to $50,000 in medical bills and a portion of lost wages through Personal Injury Protection (PIP) coverage, regardless of who caused the accident. You must apply for no-fault benefits within 30 days of the accident.

Economic Damages

When injuries exceed PIP limits, which they often do in serious pedestrian cases, a liability claim against the driver covers the rest: medical treatment, surgery, rehabilitation, and lost earning capacity. As a licensed attorney and Certified Public Accountant, Michael Gunzburg calculates future economic losses, including reduced earning capacity, with a level of financial precision most personal injury firms cannot offer.

Non-Economic Damages

Pain and suffering, emotional distress, and loss of enjoyment of life are all recoverable, and they often represent the largest share of a serious pedestrian injury case.

Punitive Damages

In cases involving especially reckless conduct, such as a drunk driver or an extreme speed violation, punitive damages may also be available.

Critical Deadlines and Rules for NYC Pedestrian Accident Claims

Statute of Limitations: 3 Years to File

Most pedestrian accident claims against a private driver must be filed within three years of the date of the accident under New York law.

No-Fault Insurance: 30-Day Filing Deadline

Applications for no-fault PIP benefits must be submitted within 30 days of the accident, regardless of who was at fault. Missing this window can mean losing access to the first layer of medical coverage.

Suing the City of New York: 90-Day Notice of Claim

If an NYC bus, taxi, MTA vehicle, or other municipal vehicle struck you, or if a defective city road or signal caused the accident, you must file a Notice of Claim within 90 days of the accident before you can sue. The lawsuit itself must then be filed within one year and 90 days of the accident. Missing the 90-day window is almost always fatal to a claim against the city.

Hit-and-Run and MVAIC Claims

If the driver who hit you fled the scene, report it to police within 24 hours and file an MVAIC claim within 90 days of the accident to preserve your right to compensation.

What to Do Immediately After a Pedestrian Accident in NYC

Call 911 and get a police report. An official report documents the scene while facts are fresh and creates a record insurance companies cannot dispute later.
Seek medical treatment right away, even if you feel fine. Some injuries, including concussions and internal injuries, don't show symptoms immediately.
Document the scene. Photograph the vehicle, the driver, the location, traffic signals, and any visible injuries before evidence disappears.
Get witness information and look for surveillance footage. NYC's dense camera coverage, from businesses, traffic cameras, and nearby buildings, often captures the collision, but that footage is frequently overwritten within days.
Do not give a recorded statement to the driver's insurance company. Adjusters use recorded statements to shift blame onto the pedestrian. Refer them to your attorney instead.
Contact a pedestrian accident attorney before accepting any settlement offer. Early investigation preserves evidence and protects your right to full compensation.

What Happens After You Call Michael Gunzburg, P.C.

Free Case Evaluation

Every call starts with a free, no-obligation review of what happened and what your options are.

Investigation and Evidence Preservation

The firm moves quickly to secure surveillance footage, police reports, and witness statements before they disappear, often within days of the accident.

Building the Case for Maximum Recovery

Medical records, lost income documentation, and, when needed, accident reconstruction and medical experts are used to build a complete picture of what the injury actually costs.

Negotiating With Insurance Companies

Insurance companies settle for more when they know the attorney on the other side is prepared to take the case to trial. Every pedestrian accident case is prepared for trial from day one.

Taking Your Case to Trial When Necessary

Michael Gunzburg has argued cases before the Appellate Division and the New York State Court of Appeals. When an insurer refuses to pay fair value, the firm is ready to try the case in front of a jury.

Injuries From Pedestrian Accidents

Traumatic Brain Injuries

A pedestrian struck by a vehicle can suffer a concussion or more serious brain injury from impact with the vehicle, the pavement, or both. TBI cases often involve long-term cognitive and financial impacts that require careful documentation.

Fractures and Orthopedic Injuries

Broken legs, hips, arms, and pelvic fractures are common in pedestrian strikes and frequently require surgery, hardware, and extended physical therapy.

Spinal Cord and Back Injuries

Herniated discs, nerve damage, and spinal cord trauma can cause chronic pain or permanent disability, with future medical needs that extend for years.

Soft Tissue Injuries and Scarring

Lacerations, road rash, and soft tissue damage may seem minor at first but can involve significant recovery time and permanent scarring.

Wrongful Death

When a pedestrian accident proves fatal, surviving family members may have the right to pursue a wrongful death claim for funeral costs, lost financial support, and loss of companionship.

Proven Results and Client Experience

The results below are from the firm's actual pedestrian accident cases:

$3 Million Settlement: A 39-year-old union building porter was crossing 59th Street and 2nd Avenue in Manhattan in the crosswalk with the pedestrian walk signal when a driver turned left and struck him from behind. The impact launched him into the air. He landed on his left knee, which struck a protruding metal bolt from a steel construction plate. He underwent four arthroscopic surgeries, eventually requiring a partial knee replacement, and lost approximately two years of work. The case settled after the jury was selected and the trial was ready to begin.

$2.85 Million Settlement: A 55-year-old woman was crossing at Gerard Avenue and 153rd Street in the Bronx when a company vehicle making a left turn struck her without warning. She sustained injuries to her head, neck, shoulder, lower back, and both knees, requiring arthroscopic surgeries to her shoulder, knee, and hip, as well as cervical spinal fusion surgery. The firm obtained partial summary judgment on liability before the case settled.

$2.5 Million Settlement: A 51-year-old woman was crossing at 7th Avenue and West 13th Street in Manhattan with a green light when a van struck her, causing bilateral knee injuries. The case included pre-existing conditions that the defense aggressively litigated. The firm prevailed on partial summary judgment and the case settled before the jury was sworn in.

$1.9 Million Post-Verdict Settlement: Nanette, a 57-year-old woman, was struck in a crosswalk at Jerome Avenue and East Knightsbridge Avenue in the Bronx by a Liberty Lines bus. The bus driver admitted the sun obscured his view; a witness stated the driver was holding a cell phone at the time. The case went to verdict before settling for $1.9 million.

Cesar, a client who was struck by a car and thrown into the air, leaving him with catastrophic knee injuries that ended his career as a union porter, described his experience this way: "Michael Gunzburg, P.C. was a breath of fresh air and provided me with a sense of stability when everything else in my life seemed to be falling apart. He took the time to go through every step of the legal process with me, and fought for me and my family every step of the way. In the end, this led to me receiving a substantial multi-million dollar settlement at trial which covered my medical costs and lost wages."

Common Questions About Pedestrian Accidents in New York City

Can I recover compensation if I was jaywalking when I was hit?

Yes. New York's pure comparative negligence rule allows recovery even if you were jaywalking or crossing against the signal. Your compensation is reduced by your percentage of fault, not eliminated. A driver's duty to watch for pedestrians applies regardless of exactly where you were crossing.

What is the statute of limitations for a pedestrian accident claim in New York?

Most pedestrian accident claims against a private driver must be filed within three years of the accident date. Claims involving a city or MTA vehicle require a Notice of Claim within 90 days, well before that three-year window closes.

How long do I have to file a no-fault insurance claim after being hit by a car?

You must apply for no-fault PIP benefits within 30 days of the accident, regardless of fault. This covers up to $50,000 in medical bills and a portion of lost wages.

What if the driver who hit me fled the scene?

Report the accident to police within 24 hours and contact an attorney immediately. New York's MVAIC program compensates victims of hit-and-run and uninsured drivers, but the claim must be filed within 90 days and requires specific documentation.

Who pays my medical bills after a pedestrian accident in NYC?

The at-fault driver's no-fault insurance pays your initial medical bills, up to $50,000, regardless of fault. If your costs exceed that limit, which is common in serious pedestrian cases, a liability claim against the driver covers the remainder.

Can I sue the City of New York if a broken signal or poor road design caused my accident?

Yes, but the claim requires filing a Notice of Claim within 90 days of the accident, well before the standard three-year deadline. Missing this window is almost always fatal to a claim against the city.

How much is a pedestrian accident case worth in New York?

Case value depends on the severity of the injury, the strength of the liability evidence, and how the insurance company's coverage compares to the damages. Cases involving permanent injury, such as fractures requiring surgery or traumatic brain injury, generally carry higher value than cases with a short recovery period. An attorney can evaluate your specific facts during a free consultation.

Do I have to pay legal fees upfront to hire a pedestrian accident attorney?

No. Michael Gunzburg, P.C. handles pedestrian accident cases on a contingency fee basis. There are no upfront costs, and the firm only gets paid if the case results in a settlement or verdict.

What should I look for when choosing a pedestrian accident lawyer in NYC?

Look for trial experience, not just settlement history, since insurance companies pay more when they know an attorney is prepared to go to court. Also look for direct access to the attorney handling your case, rather than being passed to case managers, and specific experience with NYC's no-fault and municipal notice rules.

Areas We Serve

Michael Gunzburg, P.C. represents pedestrian accident victims across all five boroughs, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as Nassau and Suffolk Counties on Long Island. High-traffic corridors like Midtown, the Financial District, Long Island City, Fordham, and St. George see a disproportionate share of pedestrian strikes, but the firm handles cases from any neighborhood where a negligent driver injured someone on foot.

Schedule Your Free Consultation With a Pedestrian Accident Attorney in New York City

You were hit through no fault of your own. Now the driver's insurance company is building a defense while you're still recovering. The gap between what they'll offer and what you're actually owed can be substantial, and closing that gap requires an attorney who is ready to fight for it.

Michael Gunzburg, P.C. handles pedestrian accident cases on a contingency fee basis. You pay nothing unless the firm wins. There are no upfront costs and no hourly fees.

Deadlines matter. If a government vehicle was involved, you may have as little as 90 days to preserve your right to compensation. Evidence disappears fast in New York City.

Call (212) 725-8500 now for your free consultation, or contact the firm online. Michael Gunzburg, P.C. returns calls within 24 hours.