Pedestrian Accident Legal Questions Answered

Fighting for Injured New Yorkers for Over 39 Years

Personal Injury Attorney Michael Gunzburg

What Our Clients Say

Your Rights and Who's Liable

What are my legal rights after being hit by a car in Manhattan?

New York law gives pedestrians strong protections. Drivers must yield to pedestrians in crosswalks, and drivers owe every pedestrian a duty of care, whether you're in a marked crosswalk or not. If a driver hit you, you have the right to pursue compensation for your medical bills, lost income, and pain and suffering, regardless of your own insurance situation.

You also have rights under New York's no-fault insurance system, which applies to pedestrians as well as drivers. That means you may be able to access certain benefits right away, before any liability dispute gets resolved.

Who is liable when a pedestrian is hit in a crosswalk?

In most cases, the driver. New York law requires drivers to yield to pedestrians in both marked and unmarked crosswalks. A driver who fails to stop, turns without checking for pedestrians, or runs a red light while a pedestrian has the right of way is typically at fault.

Liability isn't always a single driver. Depending on the accident, a delivery company, a rideshare platform, a bus operator, or even the City of New York could share responsibility. Crosswalk accident claims often involve more than one potentially liable party, which is part of why they benefit from a full investigation.

Can I still recover compensation if I was partially at fault, or jaywalking?

Yes. New York follows a pure comparative negligence rule. That means you can recover compensation even if you were partially responsible for the accident. Your total award simply gets reduced by your percentage of fault.

For example, if a court finds you 20% at fault, you can still recover 80% of your damages. This rule exists specifically to protect injured people from losing their entire claim over a technicality. Insurance adjusters sometimes use partial fault to pressure victims into low settlements or no settlement at all. That tactic doesn't reflect what New York law actually allows.

Compensation and Insurance

What compensation can I recover in a Manhattan pedestrian accident case?

Pedestrian accident victims can typically recover two categories of damages. Economic damages cover measurable financial losses: medical bills, future treatment, lost wages, and reduced earning capacity if your injuries affect your ability to work. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life.

For serious or permanent injuries, compensation can also account for long-term care needs, home modifications, and the lasting impact an injury has on your daily life.

How much is my pedestrian accident case worth?

There's no fixed number. Case value depends on the severity of your injuries, the strength of the liability evidence, your medical costs and lost income, and how the injury affects your long-term life and work. A broken arm and a spinal cord injury will never carry the same value, even if both accidents look similar on paper.

Anyone who gives you a settlement estimate without reviewing your medical records and the facts of your accident is guessing. A free case review with an attorney gives you a realistic picture based on your specific situation.

Does New York no-fault insurance cover pedestrian accidents?

Yes, and this surprises a lot of people. New York's no-fault system isn't limited to drivers. If you're hit by a car while walking, you can typically file a claim under the at-fault driver's no-fault policy, or in some cases your own auto policy or a household member's policy, even though you weren't in a vehicle.

No-fault benefits can cover medical expenses and a portion of lost wages, and they're generally available regardless of who caused the accident. This coverage doesn't replace a liability claim against the driver. It works alongside one, and it can provide faster access to money for medical care while your larger case moves forward.

Hit-and-Run and City Vehicle Claims

How does a hit-and-run affect my pedestrian accident claim?

A driver fleeing the scene makes things harder, but it doesn't eliminate your options. You may be able to recover compensation through your own uninsured motorist coverage, a household member's policy, or New York's Motor Vehicle Accident Indemnification Corporation (MVAIC), which exists specifically for cases where the at-fault driver can't be identified or has no insurance.

Read what to do after a hit-and-run pedestrian accident for a full breakdown of these options and how each one works.

Can I file a claim if a city vehicle hit me as a pedestrian in Manhattan?

Yes, but the process looks different from a claim against a private driver. If you're hit by a city bus, a sanitation truck, a police vehicle, or another municipal vehicle, New York law requires you to file a Notice of Claim with the New York City Comptroller's Office within 90 days of the accident.

Miss that 90-day window, and you can lose your right to sue the city entirely, even if the statute of limitations for a normal injury claim hasn't run out yet. This is one of the most common traps in pedestrian accident cases involving municipal vehicles, and it's a big reason to talk to an attorney immediately if a city vehicle was involved.

Building Your Case

What should I do immediately after a pedestrian accident?

A few steps in the first hours and days can shape your entire case:

• Call 911 and get medical attention, even if your injuries seem minor
• Get the driver's name, insurance information, and license plate number if possible
• Take photos of the scene, your injuries, and any vehicle damage
• Get contact information from anyone who witnessed the accident
• File a police report and request a copy for your records
• Avoid giving a recorded statement to any insurance company before speaking with an attorney

These steps protect evidence that can disappear quickly, especially in a busy city where scenes clear fast and surveillance footage often gets overwritten within days.

What evidence do I need to win a pedestrian accident case in NYC?

Strong pedestrian accident cases typically rely on a combination of evidence types. Surveillance footage from nearby businesses, traffic cameras, or MTA cameras can capture the accident directly. The police report documents the officer's on-scene observations and any citations issued. Witness statements corroborate what happened from an outside perspective. Medical records connect your injuries directly to the accident. And in more complex cases, accident reconstruction analysis can establish exactly how the collision occurred.

Manhattan's density actually works in your favor here. Between traffic cameras, storefront security systems, and heavy foot traffic, there's often more available evidence than victims realize, but it needs to be requested and preserved quickly before it's deleted or overwritten.

What if my injuries didn't appear until days after the accident?

This happens more often than people expect. Adrenaline and shock can mask pain immediately after an accident, and some injuries, like soft tissue damage, concussions, or internal injuries, take time to fully present.

Delayed symptoms don't disqualify your claim, but they do make documentation more important. See a doctor as soon as symptoms appear, and make sure your medical records clearly connect the new symptoms back to the accident date. Gaps between the accident and treatment are one of the first things insurance companies look for when trying to dispute a claim.

Deadlines and Next Steps

What is the deadline to file a pedestrian accident lawsuit in New York?

In most cases, you have three years from the date of the accident to file a personal injury lawsuit in New York. That deadline shrinks dramatically if the city or another municipal entity was involved: the 90-day Notice of Claim requirement covered above applies on top of, not instead of, the standard statute of limitations.

Exceptions exist for minors and people who were incapacitated at the time of the accident, which can extend certain deadlines. Given how many different timelines can apply to a single case, it's worth confirming your specific deadlines with an attorney early rather than assuming you have three full years.

How long does a pedestrian accident case take to settle?

It depends on the complexity of the case and how clear liability is. Straightforward cases with clear fault and cooperative insurance companies can resolve in a few months. Cases involving serious injuries, disputed liability, multiple defendants, or a lawsuit that goes to litigation can take a year or longer.

Rushing to settle early usually isn't in your best interest. Insurance companies often make fast initial offers specifically because early settlements tend to be lower than what a case is worth once the full extent of your injuries and losses is known.

Do I need a lawyer for a pedestrian accident claim in Manhattan?

You're not required to have one, but pedestrian accident cases involve more moving parts than most people expect: multiple insurance policies, comparative fault arguments, municipal notice deadlines, and evidence that needs to be preserved fast. Insurance adjusters handle claims for a living. Most injured pedestrians don't.

An attorney can investigate the accident, identify every available source of compensation, handle communication with insurance companies, and make sure critical deadlines don't get missed. Michael Gunzburg, P.C. offers a free consultation, and there's no fee unless the case results in a recovery.