If you were struck by a vehicle as a pedestrian in New York City, you have the right to seek compensation from the driver and, in many cases, additional sources including the vehicle owner’s insurance, the municipality responsible for the intersection, or a commercial entity whose driver caused the crash. Pedestrian accidents in New York City produce some of the most serious injuries in personal injury law, including traumatic brain injuries, spinal fractures, and amputations. This guide explains how pedestrian accident claims work under New York law, what insurance applies, and what you need to do to protect your rights.
Does No-Fault Insurance Cover Pedestrians in New York?
Yes. New York’s no-fault system, governed by Insurance Law § 5103, extends PIP coverage to pedestrians struck by motor vehicles. The pedestrian does not need to be driving or even near a vehicle they own. The no-fault benefits come from the insurance policy covering the vehicle that hit you.
No-fault covers:
Medical expenses related to the accident, with no out-of-pocket cost
80% of lost wages, up to $2,000 per month
Other necessary expenses up to $25 per day
To receive no-fault benefits as a pedestrian, you or your attorney must submit a claim to the vehicle’s insurance carrier within 30 days of the accident and return completed claim forms within 45 days.
When Can a Pedestrian Sue the Driver?
Pedestrians are not subject to the same serious injury threshold that applies to vehicle occupants for suing each other. The no-fault law’s limitations on lawsuits apply to “covered persons,” which under Insurance Law § 5102(j) excludes pedestrians from those restrictions in most circumstances.
This means pedestrians struck by motor vehicles in New York can typically bring a full personal injury lawsuit against the at-fault driver without needing to satisfy the serious injury threshold. You can sue for pain and suffering, full lost wages, and other damages not covered by no-fault.
There are limited exceptions, including pedestrians who are also insureds under a no-fault policy who are injured in connection with that vehicle. If this applies to your situation, your attorney will evaluate the specific coverage analysis.
Common Causes of Pedestrian Accidents in New York City
New York City had one of the highest pedestrian injury rates of any major American city in recent years, driven by:
Failure to yield at crosswalks: Drivers who do not stop or slow for pedestrians in marked or unmarked crosswalks. Under New York Vehicle and Traffic Law § 1151, drivers must yield to pedestrians crossing within a crosswalk.
Right-turn-on-red violations: In New York City, turning right on red is prohibited unless posted. Drivers who do so risk hitting pedestrians entering the crosswalk on a walk signal.
Left-turn accidents at intersections: Left-turning drivers frequently fail to check for pedestrians crossing the street they are turning into. These are among the most common fatal pedestrian accidents in NYC.
Distracted driving: Phone use and in-vehicle distractions at low speeds in dense urban areas create significant pedestrian risk.
Speeding on local streets: Higher vehicle speeds dramatically reduce reaction time and increase injury severity.
Delivery vehicles and trucks: Commercial vehicles with wide turning radii and obstructed driver sightlines are a persistent cause of pedestrian fatalities in New York City, particularly for cyclists and pedestrians at the curb.
Rideshare driver stops: Uber and Lyft drivers stopping in travel lanes or bike lanes create hazards for pedestrians stepping onto or off the curb.
What to Do After a Pedestrian Accident in New York City
1. Call 911
Request an ambulance and police response. The responding officer will file a police report documenting the vehicles, drivers, and conditions. Get the report number before leaving the scene.
2. Photograph Everything
If you are physically able, photograph the vehicle, the license plate, the intersection, any traffic control signals, skid marks, and your injuries. If you cannot, ask someone nearby to photograph and send you the images.
3. Collect Driver and Witness Information
Get the driver’s name, license plate, insurance company, and policy number. Collect names and phone numbers from witnesses. Do not rely solely on what the police report will contain.
4. Seek Emergency Medical Care
Go to the emergency room the same day, even if your symptoms feel manageable. Head injuries, internal bleeding, and spinal trauma frequently present with delayed symptoms. An ER record from the day of the accident is critical evidence.
5. Preserve Your Clothing
The clothes you were wearing at the time of the accident are physical evidence of the impact. Keep them in a bag without washing.
6. Contact a Pedestrian Accident Attorney
Before giving any statement to the driver’s insurance company, consult an attorney. Insurance carriers move quickly to record statements and minimize payouts. An attorney can submit the no-fault claim on your behalf, preserve evidence from the scene, and handle all insurer communications.
Government Vehicles and City Intersections
If you were struck by a New York City vehicle, an MTA bus, a Port Authority vehicle, or any other government-owned vehicle, a Notice of Claim must be filed within 90 days of the accident. This is an absolute deadline. No extension is available except in the most extraordinary circumstances, and courts grant those rarely.
A Notice of Claim is also required if your pedestrian accident was partly caused by a dangerous intersection condition, a broken traffic signal, or a poorly maintained crosswalk that the city was responsible for maintaining.
Truck and Commercial Vehicle Pedestrian Accidents
- When a commercial truck, delivery van, or bus strikes a pedestrian, multiple parties may be liable:
- The driver, for failing to yield or operating the vehicle negligently
- The employer or fleet owner, under the doctrine of respondeat superior (an employer is responsible for negligent acts of employees acting within the scope of employment)
- The vehicle owner, even if different from the employer, under New York’s Graves Amendment analysis
The cargo loader, if improper loading affected vehicle stability or visibility
Commercial vehicles carry substantially higher insurance policy limits than individual auto policies, which affects the available recovery in serious injury cases.
Frequently Asked Questions: Pedestrian Accidents in NYC
Do I need my own car insurance to get no-fault benefits after being hit by a car? No. As a pedestrian struck by a motor vehicle, your no-fault benefits come from the insurance policy covering the vehicle that hit you. You do not need to own a vehicle or carry auto insurance.
What if the driver fled the scene and I cannot identify the vehicle? If the vehicle cannot be identified, a claim may be available through the Motor Vehicle Accident Indemnification Corporation (MVAIC), a New York fund established for accident victims injured by uninsured or hit-and-run drivers. Your attorney must file a MVAIC claim promptly.
What if the driver had no insurance? An uninsured driver does not eliminate your rights. MVAIC may cover the claim. If you have your own auto policy with uninsured motorist coverage, that may also apply. Your attorney will identify every available coverage source.
What if I was crossing against the light when I was hit? New York’s pure comparative negligence rule still allows you to recover even if you were partially at fault. Your damages are reduced by your percentage of fault. Crossing against the light does not bar your claim, though it will be weighed against the driver’s failure to yield.
What is a pedestrian accident case worth in NYC? Pedestrian accidents involve direct vehicle-body impacts at speeds that often cause orthopedic fractures, head injuries, and permanent disabilities. Cases with serious or permanent injuries regularly settle in the six to seven-figure range in New York.
How long does a pedestrian accident case take? Cases that settle without filing a lawsuit typically resolve within 12 to 18 months. Cases requiring litigation take 2 to 4 years in New York Supreme Court.
Talk to a New York City Pedestrian Accident Lawyer
Liakas Law represents pedestrians injured by motor vehicles throughout New York City. Our attorneys handle no-fault claims, third-party lawsuits against at-fault drivers, MVAIC filings, and cases involving government vehicles that require Notices of Claim. We work on a contingency fee basis, with no fee unless we recover for you.
Contact Liakas Law today for a free consultation.
