"I was in the crosswalk. I had the light. And I still ended up in the hospital."
— Even when you do everything right, accidents happen.
New York City is a city of pedestrians. Millions of people walk the streets of the five boroughs every single day, commuting to work, running errands, taking children to school, and going about their daily lives on foot. But walking in New York comes with serious risks. Despite Vision Zero initiatives and increased traffic enforcement, pedestrians continue to be struck and killed by motor vehicles at alarming rates. Cars, trucks, buses, motorcycles, and rideshare vehicles all pose threats to pedestrians, and the consequences of a pedestrian-vehicle collision are almost always devastating for the person on foot.
If you have been hit by a motor vehicle while walking in New York, the law provides you with significant protections. New York's No-Fault insurance system covers pedestrians who are struck by motor vehicles, potentially providing benefits for medical expenses and lost wages regardless of fault. Beyond No-Fault, you may also be entitled to pursue a personal injury claim against the negligent driver for pain and suffering, additional economic losses, and other damages. Understanding these rights and the steps you need to take to protect them is essential.
At Gotham Injury, we help pedestrian accident victims across all five boroughs access the medical care and legal resources they may be entitled to. This guide will walk you through everything you need to know about your rights after a pedestrian accident in New York, from No-Fault coverage to comparative negligence to the claims process.
Pedestrian Rights in New York
Pedestrians in New York have extensive legal protections under both state and city law. Under the Vehicle and Traffic Law, drivers are required to yield the right of way to pedestrians in crosswalks, exercise due care to avoid striking pedestrians, and obey all traffic signals and signs. In New York City, the Right of Way Law imposes criminal penalties on drivers who fail to yield to pedestrians and cyclists who have the right of way, resulting in serious injury or death.
The Vision Zero initiative, launched by the city to eliminate traffic fatalities, has led to reduced speed limits in many areas, the installation of pedestrian safety islands and leading pedestrian intervals at traffic signals, increased enforcement against dangerous driving behaviors, and redesigned intersections to improve pedestrian visibility and safety. Despite these improvements, the sheer volume of vehicle traffic in New York City continues to create dangerous conditions for pedestrians.
It is important to understand that pedestrians have rights even when they are not in a crosswalk. While jaywalking may constitute a traffic infraction and could contribute to a finding of comparative negligence, it does not eliminate a driver's duty to exercise reasonable care. Drivers are expected to be aware of and avoid hitting pedestrians at all times, regardless of whether the pedestrian is in a crosswalk or crossing at a designated intersection. A driver who strikes a pedestrian while speeding, texting, running a red light, or driving under the influence may bear significant or even full liability regardless of the pedestrian's location.
No-Fault Insurance Coverage for Pedestrians
New York's No-Fault insurance system provides critical financial protection for pedestrians who are struck by motor vehicles. Under the Insurance Law, a pedestrian who is hit by a motor vehicle is entitled to No-Fault benefits from the vehicle's insurance policy, regardless of who caused the accident. These benefits, known as Personal Injury Protection or PIP benefits, can potentially cover reasonable and necessary medical expenses related to the accident, a portion of your lost earnings if you are unable to work due to your injuries, and other basic economic losses such as transportation to medical appointments.
The No-Fault system is designed to ensure that accident victims receive prompt medical care and financial support without having to wait for a determination of fault. This is particularly important in pedestrian accident cases, where injuries are often severe and require immediate and ongoing medical treatment.
To access No-Fault benefits, you must file an application, known as the NF-2 form, with the insurance company of the vehicle that struck you within 30 days of the accident. This is a strict deadline, and missing it can result in a complete loss of your No-Fault benefits. The insurance information for the vehicle should be available through the police report or directly from the driver at the scene.
If the driver who struck you was uninsured, or if the driver fled the scene and was never identified, you may still be able to access No-Fault benefits through the Motor Vehicle Accident Indemnification Corporation, commonly known as MVAIC. MVAIC was established to provide a safety net for victims of uninsured and hit-and-run drivers. Filing a claim with MVAIC has its own specific requirements and deadlines, so prompt action is essential.
Once your No-Fault claim is active, the insurance company may require you to attend independent medical examinations, known as IMEs, to evaluate the extent of your injuries and the necessity of your ongoing treatment. It is important to attend all scheduled IMEs, as failure to do so can result in the suspension or termination of your benefits.
Crosswalk vs. Jaywalking and Comparative Negligence
One of the most common concerns for pedestrian accident victims is whether their location at the time of the accident affects their right to compensation. In New York, the answer is nuanced. Pedestrians who are struck while crossing in a marked crosswalk with a walk signal generally have the strongest claims, because the driver clearly had a duty to yield. However, pedestrians who were jaywalking, crossing against a signal, or crossing outside of a crosswalk are not automatically barred from recovering compensation.
New York's pure comparative negligence system, codified in CPLR Section 1411, allows injured parties to recover compensation even if they were partially at fault for the accident. The recovery is simply reduced by the injured party's percentage of fault. So if a pedestrian was jaywalking but was struck by a driver who was speeding and texting, a jury might find the pedestrian 15 percent at fault and the driver 85 percent at fault. The pedestrian would still potentially recover 85 percent of their total damages.
Insurance companies and defense attorneys frequently try to maximize the pedestrian's comparative fault in order to reduce the payout. Common arguments include that the pedestrian was not in a crosswalk, was wearing dark clothing at night, was distracted by a phone, crossed against the signal, or darted into traffic. While some of these factors may legitimately contribute to a finding of comparative fault, experienced pedestrian accident attorneys know how to counter these arguments by highlighting the driver's negligence, the severity of the traffic violation, and the physics of the collision.
The key takeaway is that even if you believe you may have been partially at fault for the accident, you should still explore your legal options. Comparative negligence reduces your recovery but does not eliminate it, and the driver's percentage of fault may be far greater than you initially assume.
Common Pedestrian Accident Injuries
Pedestrian accidents are among the most devastating types of motor vehicle collisions because the human body is completely unprotected against the force of a moving vehicle. The injuries sustained in pedestrian accidents are frequently severe, life-altering, and sometimes fatal.
Lower extremity fractures are among the most common pedestrian accident injuries. When a vehicle strikes a pedestrian, the bumper typically impacts the pedestrian's legs at or below the knee, causing fractures of the tibia, fibula, femur, and pelvis. These fractures often require surgical repair with plates, screws, rods, or external fixation devices, followed by months of physical therapy. In the most severe cases, amputation may be necessary.
Traumatic brain injuries occur when the pedestrian's head strikes the vehicle, the ground, or another object during the collision. The force of a vehicle collision can cause concussions, brain contusions, subdural hematomas, and diffuse axonal injuries. Symptoms can range from headaches and dizziness to cognitive impairment, personality changes, and permanent disability. Traumatic brain injuries are a leading cause of long-term disability among pedestrian accident victims.
Spinal cord injuries, including herniated discs, vertebral fractures, and spinal cord compression or severing, can result from the violent forces involved in a pedestrian collision. Depending on the location and severity of the injury, spinal cord damage can cause chronic pain, numbness, weakness, partial paralysis, or complete paralysis. These injuries often require emergency surgery, extended hospitalization, and lifelong medical management.
Internal injuries, including internal bleeding, organ lacerations, and broken ribs that puncture the lungs, are another serious concern in pedestrian accidents. These injuries may not be immediately apparent, and delayed diagnosis can be life-threatening. This is one of the many reasons why seeking immediate medical attention after a pedestrian accident is so critically important, even if you feel that your injuries may not be serious.
Soft tissue injuries, including torn ligaments, muscle tears, and deep lacerations, are common as well. Facial injuries including broken bones, dental injuries, and scarring can have lasting physical and psychological effects. Post-traumatic stress disorder, anxiety, and depression are also common among pedestrian accident survivors.
Hit and Run Pedestrian Accidents
Hit and run accidents are a tragically common occurrence for pedestrians in New York. When a driver strikes a pedestrian and flees the scene, the victim is left injured, confused, and often without the driver's information needed to file an insurance claim. Despite the challenges, hit and run victims still have legal options and may be entitled to significant compensation.
If you are the victim of a hit and run, the first priority is your medical care. Call 911 immediately to request an ambulance and police response. If you are able, try to note any details about the vehicle that struck you, including the make, model, color, license plate number or any portion of it, and the direction the vehicle was traveling. Ask any witnesses if they saw the vehicle or captured any video on their phones. Look for nearby surveillance cameras on buildings, traffic cameras, or dashcam footage from other vehicles that may have recorded the incident.
The police report is particularly important in hit and run cases, as it creates an official record of the incident and initiates the investigation to identify the driver. New York police have tools available to investigate hit and run accidents, including reviewing surveillance footage, analyzing debris left at the scene, canvassing the area for witnesses, and issuing public appeals for information.
Even if the driver is never identified, you may still be able to access No-Fault benefits through MVAIC, the Motor Vehicle Accident Indemnification Corporation. MVAIC provides No-Fault coverage for victims of hit and run accidents and uninsured motorists. To file a claim with MVAIC, you must file a police report, submit your MVAIC application within the required timeframe, and demonstrate that you made reasonable efforts to identify the driver.
If you have your own auto insurance policy, you may also be able to file a claim under your uninsured motorist coverage. This coverage is designed to compensate you when the at-fault driver has no insurance or cannot be identified, and it may cover damages beyond what No-Fault provides, including compensation for pain and suffering.
Bus and Rideshare Pedestrian Accidents
Being struck by a bus or rideshare vehicle as a pedestrian adds additional layers of complexity to your case. City buses operated by the MTA or a city transit authority are government vehicles, which means that special rules apply. Most critically, you must file a Notice of Claim with the relevant government entity within 90 days of the accident. The Notice of Claim is a formal legal document that puts the government on notice of your intent to pursue a claim and provides details about the accident, your injuries, and the damages you are seeking. Failing to file within the 90-day window will almost certainly result in the dismissal of your claim, regardless of the severity of your injuries or the strength of your case.
Private bus companies, charter buses, and tour buses are subject to different rules than city buses, and their insurance requirements and claims processes vary. However, these commercial vehicles are typically required to carry significant insurance coverage, which can provide substantial compensation for injured pedestrians.
Rideshare accidents involving Uber, Lyft, and similar services present their own unique challenges. The insurance coverage available depends on the driver's status at the time of the accident. If the driver was logged into the app and carrying a passenger or en route to pick one up, the rideshare company's commercial insurance policy may apply, which typically provides substantial coverage. If the driver was logged into the app but had not yet accepted a ride, a lower level of coverage may apply. If the driver was not logged into the app at all, only the driver's personal insurance would apply.
Navigating the multiple layers of insurance in a rideshare pedestrian accident case requires experienced legal guidance. The rideshare company, the driver's personal insurance, and the rideshare company's commercial insurer may all point fingers at each other in an attempt to avoid responsibility. An experienced attorney can identify the correct insurance policy, file claims with all applicable carriers, and pursue the maximum compensation available.
What To Do at the Scene and Documenting Your Injuries
The steps you take in the immediate aftermath of a pedestrian accident can have a significant impact on your ability to recover compensation. If you are conscious and able to act after being struck by a vehicle, there are several critical steps to follow.
Call 911 immediately. This ensures that you receive medical attention and that a police report is filed. The police report documents the officer's observations about the scene, the vehicles involved, the location of the accident, any traffic violations, and witness statements. This report can be powerful evidence in your insurance claim and any subsequent lawsuit.
Do not leave the scene if you are physically able to remain. Collect the driver's name, phone number, address, license plate number, driver's license number, and insurance information. If the driver is operating a commercial vehicle, rideshare vehicle, or bus, note the company name and any vehicle identification numbers.
Photograph everything. Your phone is your most important evidence-gathering tool. Take pictures of the location where you were struck, the vehicle that hit you, your injuries, any damage to your clothing, the crosswalk or intersection, traffic signals and signs, and any skid marks or debris on the road. If possible, photograph the surrounding area including building addresses and street signs to establish the precise location.
Get witness contact information. Eyewitnesses can provide independent accounts of what happened, which can be invaluable when the driver's version of events differs from yours. Ask any witnesses for their names, phone numbers, and email addresses.
Seek medical attention immediately, even if you feel that your injuries are manageable. Many serious pedestrian accident injuries, including internal bleeding, traumatic brain injuries, and spinal injuries, may not present obvious symptoms immediately. A thorough medical evaluation creates a documented record linking your injuries to the accident, which is essential for both your No-Fault claim and any subsequent personal injury lawsuit.
How Gotham Injury Helps Pedestrian Accident Victims
At Gotham Injury, we understand the physical, emotional, and financial devastation that pedestrian accident victims experience. Being struck by a vehicle while simply walking down the street is a traumatic event, and navigating the insurance and legal process while recovering from serious injuries can feel overwhelming. Our mission is to make that process as straightforward as possible by connecting you with the medical care and legal resources you may need.
When you contact Gotham Injury, we start with a free, confidential consultation to understand the details of your accident and assess your immediate medical needs. We then connect you with trauma specialists and medical providers who have extensive experience treating pedestrian accident injuries. This includes emergency orthopedic surgeons for fractures, neurologists and neurosurgeons for brain and spinal injuries, diagnostic imaging centers for MRI, CT scans, and X-rays, physical therapists for rehabilitation, pain management specialists for chronic pain conditions, and mental health professionals for post-traumatic stress and anxiety.
Many of these providers accept No-Fault insurance or work on a lien basis, which means you may not have to pay anything out of pocket for your medical care. We help you navigate the No-Fault filing process to ensure your application is submitted within the 30-day deadline and that your claim is properly documented from the start.
We also connect pedestrian accident victims with experienced personal injury attorneys who specialize in these cases. These attorneys understand the unique dynamics of pedestrian accidents, the applicable laws and deadlines, and how to effectively counter the tactics that insurance companies use to minimize or deny claims. For cases involving government vehicles like city buses, they ensure that the Notice of Claim is filed within the 90-day deadline.
Time is of the essence after a pedestrian accident. The 30-day No-Fault deadline, the 90-day Notice of Claim deadline for government vehicles, and the importance of early medical documentation all mean that acting quickly is critical. Contact Gotham Injury today for a free consultation. We will connect you with trauma specialists who understand pedestrian accident injuries and help you find out if you qualify for medical care and legal representation at no cost to you.
Frequently Asked Questions
Yes. When a pedestrian is struck by a motor vehicle in New York, they may be entitled to No-Fault insurance benefits through the vehicle's insurance policy. These benefits can potentially cover medical expenses, a portion of lost wages, and other basic economic losses, regardless of who was at fault for the accident. You must file your No-Fault application within 30 days of the accident to preserve your right to these benefits. If the vehicle was uninsured or the driver fled the scene, you may be able to access benefits through MVAIC, the Motor Vehicle Accident Indemnification Corporation.
Yes. New York follows a pure comparative negligence system, which means you may still be entitled to compensation even if you were partially at fault for the accident. Jaywalking may reduce your recovery by your percentage of fault, but it does not automatically bar you from recovering compensation. For example, even if you crossed outside of a crosswalk, the driver still had a duty to exercise reasonable care and avoid hitting you. If the driver was speeding, distracted, or otherwise negligent, they may still bear significant liability for your injuries.
Pedestrian accidents frequently result in severe injuries because the human body has no protection against a moving vehicle. Common injuries include fractures of the legs, pelvis, and arms from the initial impact, traumatic brain injuries from striking the vehicle or the ground, spinal cord injuries including herniated discs and spinal fractures, internal bleeding and organ damage from blunt force trauma, and soft tissue injuries including torn ligaments and deep lacerations. Many pedestrian accident victims require emergency surgery, extended hospitalization, and months or years of rehabilitation.
If you were hit by a city bus, you may have a claim against the City of New York or the MTA, which requires filing a Notice of Claim within 90 days. If you were hit by an Uber, Lyft, or other rideshare vehicle, the process can be complex because rideshare companies maintain different levels of insurance coverage depending on the driver's status at the time of the accident. In either case, seek immediate medical attention, report the accident to the police, document the scene with photographs, and consult with an experienced attorney as soon as possible to ensure you meet all applicable deadlines and preserve your rights.
The general statute of limitations for a personal injury lawsuit in New York is three years from the date of the accident. However, if the vehicle that struck you was owned or operated by a government entity, such as a city bus or a government vehicle, you must file a Notice of Claim within 90 days. Additionally, you must file your No-Fault insurance claim within 30 days of the accident. These shorter deadlines make it essential to consult with an attorney and begin the process as quickly as possible after the accident.
If you were hit by an uninsured driver, you may still be able to access No-Fault benefits and pursue compensation through several avenues. MVAIC, the Motor Vehicle Accident Indemnification Corporation, provides No-Fault benefits to pedestrians hit by uninsured vehicles in New York. You may also be able to file a claim under the uninsured motorist coverage of your own auto insurance policy if you have one. Additionally, you can still pursue a personal injury lawsuit directly against the uninsured driver, although collecting on a judgment against an uninsured individual can be challenging.
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