Walking is how many New Yorkers get to work, school, and the subway. When a driver, cyclist, or bus operator strikes a person on foot, the injuries can be serious and the questions that follow are rarely simple. Bisogno & Meyerson, LLP handles pedestrian accident matters for people in Brooklyn, Staten Island, and the other boroughs. The firm’s office is at 7018 Fort Hamilton Pkwy, Brooklyn, NY 11228. Staten Island and other NYC clients are represented from Brooklyn.
A pedestrian claim is a negligence case. It asks whether another person failed to use reasonable care, whether that failure caused the injury, and what harm followed. Fault can be shared, insurance can come from more than one place, and facts at the scene fade quickly.
This page is a city-focused overview. For the practice-area description, see pedestrian accidents. For first steps after a crash, read what to do after a car accident in NYC. For time limits, read about personal injury deadlines in New York. Related injury work is described under personal injury law.
How NYC Pedestrian Claims Are Evaluated
In general, New York drivers must yield to pedestrians who are lawfully in a crosswalk, and they must use due care to avoid colliding with people on foot. Pedestrians have responsibilities too, such as obeying traffic signals and yielding when crossing outside a crosswalk. Reviewing a claim usually means looking at the signal phase, lighting, vehicle speed and path, and what each person could see.
Under CPLR 1411, New York applies comparative negligence. If an injured person is found partly at fault, damages are reduced in proportion to that share rather than barred outright. Details such as where someone stepped off the curb or whether a driver was turning can matter. They are questions of fact, and no website can answer them.
Common Pedestrian Accident Scenarios in NYC
Crosswalks and turning vehicles
Many city collisions happen at intersections, when a driver turns left or right across a crosswalk while a pedestrian has the walk signal. Visibility, speed, and whether the driver looked for people crossing are typical points of inquiry. Nearby cameras and dashcam footage can help, but some systems overwrite recordings within days.
Driveways, garages, and parked vehicles
Pedestrians are also hurt by vehicles backing out of garages, loading zones, and driveways that cross the sidewalk. These cases may involve the driver, the vehicle owner, or a business that controls the lot. When a hazard such as a broken sidewalk or a missing signal contributed, a separate premises liability question may arise as well.
Buses, trucks, and commercial vehicles
Collisions involving buses, delivery vehicles, or other commercial drivers can add employers, vehicle owners, and public entities to the picture. If a city agency or public authority may be responsible, special notice rules can apply, often within 90 days. See the firm’s page on bus accident claims for related background.
Insurance, No-Fault, and Fault
New York’s no-fault system, found in Article 51 of the Insurance Law, can provide medical-expense and some lost-earnings benefits after a motor vehicle crash regardless of who caused it. A pedestrian struck by a motor vehicle may be able to seek those benefits through an applicable policy, such as the striking vehicle’s. The application window is short, generally 30 days from the accident, so ask promptly. General background is on the firm’s no-fault information page.
No-fault does not cover pain and suffering. To bring a lawsuit for non-economic loss after a motor vehicle crash, a person generally must meet the serious injury threshold in Insurance Law § 5102(d), which lists categories of qualifying injury. Whether a particular injury meets it is a medical and legal question that depends on records and examinations.
Evidence That Often Matters
Practical steps help: seek medical care and describe every symptom, even ones that seem minor. Photograph the scene, the signals, and any visible injuries as soon as it is safe. Collect names for witnesses and the driver, note the license plate, and ask whether police prepared a report. Avoid posting a detailed account online, and think carefully before giving a recorded insurer statement.
Medical records from the first visit forward are central. Gaps in treatment are a common point of dispute, so follow your providers’ plan and keep every bill.
Deadlines in Pedestrian Cases
Most personal injury lawsuits in New York must be started within three years under CPLR 214. Claims against New York City and many public authorities are different. A written notice of claim is generally due within 90 days, and a lawsuit within one year and 90 days, under General Municipal Law §§ 50-e and 50-i or the statute that governs the particular agency. Missing those dates can end a claim. A death arising from a collision is reviewed under a separate wrongful death statute with its own period. Every case differs, so consult an attorney about your dates.
How Bisogno & Meyerson, LLP Reviews These Matters
Bisogno & Meyerson, LLP has concentrated in personal injury and workers’ compensation work since 1994. When the firm reviews a pedestrian matter, the work typically includes gathering medical records, identifying every person or entity that may bear responsibility, requesting available video, and checking insurance and notice deadlines. None of that predicts a result. It is the ordinary work of building a factual record. A short firm overview describes the practice.
Talk With Our Firm About a Pedestrian Accident
If you were hit while walking in New York City, Bisogno & Meyerson, LLP can review what happened and explain possible next steps. A free consultation is a conversation about facts, deadlines, and options. It is not a prediction of liability or of any recovery.
Call (718) 745-8880 or contact us. Attorneys on the site are Patrick Bisogno, Esq.; Michael C. Meyerson, Esq.; and George A. Silva, Esq. Bring any photographs and medical paperwork.
Attorney Advertising. This page is general information from Bisogno & Meyerson, LLP, not legal advice. Contacting the firm does not, by itself, create an attorney-client relationship.