New York Pedestrian Accident Lawyer: Your Path to Justice and Recovery

As of December 2025, the following information applies. In New York, pedestrian accidents involve motor vehicles striking individuals on foot, often leading to severe injuries and significant legal challenges. Victims may pursue compensation for medical expenses, lost wages, and pain and suffering through personal injury claims. The Law Offices Of SRIS, P.C. provides dedicated legal defense for these matters.

Confirmed by Law Offices Of SRIS, P.C.

What is a Pedestrian Accident in New York?

A pedestrian accident in New York occurs when a person on foot is struck by a motor vehicle, such as a car, truck, or motorcycle. These incidents can happen anywhere: crosswalks, sidewalks, parking lots, or even on the shoulder of a road. New York law places specific duties on both drivers and pedestrians to ensure safety. Drivers must exercise reasonable care to avoid hitting pedestrians, while pedestrians are also expected to follow traffic laws and use caution. When these duties are breached, and an injury results, it can lead to a personal injury claim. The aftermath often leaves victims with serious injuries, medical bills, and a mountain of questions about what comes next. It’s not just about the immediate impact; it’s about the long-term physical, emotional, and financial toll these events take on individuals and their families. Understanding the nuances of liability and the legal process in New York is essential for anyone affected by such an incident.

New York operates under a no-fault insurance system, which means your own car insurance (or the vehicle that hit you) typically covers initial medical expenses and lost wages, regardless of who was at fault, up to certain limits. However, if your injuries meet a specific “serious injury” threshold defined by New York insurance law, you can then step outside the no-fault system and pursue a claim against the at-fault driver for additional damages, including pain and suffering. This threshold can be a sticking point, and it’s where experienced legal advocacy becomes truly valuable. Establishing negligence on the part of the driver—proving they failed to exercise reasonable care—is fundamental to a successful personal injury lawsuit beyond the no-fault benefits. This might involve demonstrating speeding, distracted driving, failure to yield, or driving under the influence. On the other hand, pedestrians also have a responsibility to act carefully; if a pedestrian is found to be partly responsible, it could affect the amount of compensation they can recover, though New York’s comparative negligence rules still allow for recovery.

The severity of injuries from pedestrian accidents varies widely but often includes broken bones, head trauma, spinal cord injuries, internal bleeding, and even wrongful death. These injuries can necessitate extensive medical treatment, rehabilitation, and may result in permanent disability, impacting a victim’s ability to work and enjoy life. Beyond the physical injuries, there’s the emotional trauma—anxiety, fear, and PTSD—that can persist long after the physical wounds have healed. Seeking prompt medical attention is paramount, not only for your health but also for documenting your injuries, which is crucial for any potential legal claim. The initial moments after an accident are often chaotic and confusing, but remembering key details, like exchanging information and taking photos, can greatly assist your case. It’s a situation no one ever expects to be in, and the legal framework around it can feel overwhelming.

Takeaway Summary: A New York pedestrian accident involves a vehicle striking a person on foot, often leading to severe injuries and legal claims, with specific no-fault and serious injury thresholds affecting compensation. (Confirmed by Law Offices Of SRIS, P.C.)

What Should You Do After a Pedestrian Accident in New York?

Experiencing a pedestrian accident is terrifying, and the moments immediately following the impact can be a blur. Yet, the actions you take (or don’t take) in those first few hours and days can significantly impact your health, your ability to seek justice, and your financial recovery. It’s not just about getting medical help; it’s about protecting your legal rights and building a strong foundation for your future. Think of it like a critical first aid kit for your case – every step is important. Even if you feel fine right after the collision, adrenaline can mask pain, and some serious injuries, like concussions or internal bleeding, may not manifest symptoms for hours or even days. Acting decisively and thoughtfully can make a world of difference when you’re pursuing compensation. Here’s a breakdown of the immediate and crucial steps to take:

1. Seek Immediate Medical Attention, Even if You Feel Fine.

   Your health is the top priority. Call 911 or have someone else call for emergency medical services. Even if you believe your injuries are minor, see a doctor as soon as possible. Medical documentation is vital, not just for your well-being but also for establishing a link between the accident and your injuries in any future legal claim. Delaying care can be used by insurance companies to argue that your injuries weren’t caused by the accident.

2. Contact the Police and File an Official Accident Report.

   Always call the police, regardless of the apparent severity of the accident. An official police report provides an unbiased account of the incident, including details like location, time, parties involved, and sometimes even initial observations about fault. This report can be incredibly valuable evidence when dealing with insurance companies and in court. Make sure to get the report number for future reference.

3. Gather Information at the Scene if it’s Safe to Do So.

   If you are able and it is safe, collect as much information as possible. This includes the driver’s name, contact information, insurance details, vehicle make, model, and license plate number. Also, get the contact information for any witnesses. Their testimony can corroborate your version of events and be extremely persuasive. Take photos or videos of the accident scene, your injuries, vehicle damage, traffic signals, and any relevant road conditions.

4. Avoid Making Statements or Admitting Fault.

   It’s natural to want to apologize or explain what happened, but avoid making any statements that could be interpreted as admitting fault, even to the driver or insurance adjusters. Stick to the facts when speaking with the police. Let your legal representative handle all communications with insurance companies; they are not on your side and will use anything you say against you.

5. Keep Thorough Records of Everything.

   Maintain a detailed file of all medical records, bills, receipts, lost wage statements, and any other documentation related to the accident and your recovery. Keep a journal of your pain levels, limitations, and how the injuries impact your daily life. These records will be crucial evidence when calculating damages and proving the extent of your losses.

6. Contact an Experienced New York Pedestrian Accident Lawyer.

   This isn’t a DIY project. The legal and insurance systems are complex, and you need someone on your side who understands New York’s specific laws, including its no-fault system and serious injury threshold. A knowledgeable attorney can protect your rights, deal with insurance companies, investigate the accident, gather evidence, and fight for the full compensation you deserve. The sooner you reach out, the better positioned your case will be.

Can I Still Recover Compensation If I Was Partially At Fault in a New York Pedestrian Accident?

It’s a common fear after an accident: “What if they say it was my fault, even partly?” This concern is especially real in pedestrian accident cases, where insurance companies often try to place some blame on the person walking. The good news is that New York follows a “pure comparative negligence” rule. What does that mouthful mean for you? It means that even if you were found to be partly responsible for the accident, you can still recover compensation for your injuries. Your total damages would simply be reduced by your percentage of fault. So, if a court decides your total damages are $100,000, but you were 20% at fault, you would still be eligible to receive $80,000.

This rule is a lifeline for many pedestrian accident victims who might otherwise be shut out of receiving any help. However, it also means that the at-fault driver’s insurance company will likely try everything they can to argue that you were more at fault than you actually were. They might claim you were distracted, jaywalking, or simply not paying attention. This is where the battle truly begins, and it’s why having a seasoned legal team in your corner is not just helpful, but truly necessary. They understand how to counteract these arguments, gather evidence to prove the driver’s negligence, and protect your right to fair compensation. Proving fault, or the percentage of fault, often involves detailed accident reconstruction, reviewing witness statements, traffic camera footage, and even cell phone records to establish distracted driving. Without someone advocating for your best interests, you could easily be shortchanged.

The complexities don’t stop there. Beyond establishing fault, you also need to Handling New York’s no-fault insurance system, which covers initial medical expenses and lost wages, and then determine if your injuries meet the “serious injury” threshold to pursue a claim for pain and suffering. If an insurance company successfully argues that your injuries don’t meet this threshold, or that your degree of fault was too high, your ability to recover significant compensation will be severely limited. We’ve seen firsthand how victims, feeling overwhelmed, accept lowball offers that barely scratch the surface of their true losses. Don’t let that happen to you. Your focus should be on recovery, not fighting insurance adjusters who are trained to minimize payouts. Having an advocate who will fiercely defend your rights, meticulously document your damages, and skillfully negotiate on your behalf is an investment in your future. Remember, even partial fault doesn’t mean no recovery; it means you need stronger advocacy.

Why Choose Law Offices Of SRIS, P.C. for Your New York Pedestrian Accident Claim?

When you’ve been hit by a car, your world turns upside down. It’s not just the physical pain; it’s the financial stress, the fear of the unknown, and the feeling of being utterly overwhelmed. You need more than just a lawyer; you need a dedicated advocate who truly understands what you’re going through and has the know-how to fight for your rights. At Law Offices Of SRIS, P.C., we offer that and more, bringing a blend of empathetic support and aggressive legal strategy to every pedestrian accident case we take on in New York.

Our firm stands out because we believe in a client-first approach. We know that every case is unique, and every client deserves personalized attention. We don’t just see a case file; we see a person who needs help rebuilding their life. Mr. Sris, our founder, brings decades of experience to the table. His insight is a cornerstone of our practice:

“My focus since founding the firm in 1997 has always been directed towards personally managing the most challenging and intricate criminal and family law matters our clients face.”

While Mr. Sris’s quote highlights his focus on criminal and family law, the underlying dedication to personally manage challenging and intricate legal matters, coupled with a deep commitment to clients, is a principle that extends across all practice areas, including personal injury. It reflects the meticulous attention to detail and unwavering advocacy you’ll find at Law Offices Of SRIS, P.C. for your New York pedestrian accident claim. We bring that same level of rigor and client commitment to securing justice for those injured on New York’s streets.

Our team is well-versed in New York’s specific traffic laws, personal injury statutes, and the nuances of the state’s no-fault insurance system. We understand how to investigate complex accidents, gather compelling evidence, interview witnesses, and reconstruct accident scenes to build a powerful case. From negotiating with insurance adjusters who are eager to minimize payouts to representing you fiercely in court, we are prepared for every step of the legal journey. We’re not afraid to challenge large insurance companies and ensure your voice is heard.

Choosing Law Offices Of SRIS, P.C. means you’re not just hiring an attorney; you’re partnering with a team that truly cares about your recovery and your future. We explain the legal process in plain language, keep you informed, and are always available to answer your questions. Our goal is to alleviate your burden so you can concentrate on healing, while we manage the legal heavy lifting. We aim to secure maximum compensation for your medical bills, lost wages, pain and suffering, and any other damages you’ve incurred. Let us put our seasoned experience to work for you. Our New York location is:

Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY, 14202, US
Phone: +1-838-292-0003

Call now for a confidential case review and let us begin advocating for you.

Frequently Asked Questions About New York Pedestrian Accidents

1. What if I was hit by a car while crossing outside a crosswalk in New York?

New York’s comparative negligence rule allows you to still recover, even if you were partly at fault. Your compensation will be reduced by your percentage of blame. An experienced lawyer can argue to minimize your assigned fault, helping you maximize your recovery.

2. How does New York’s no-fault insurance system affect my pedestrian accident claim?

New York’s no-fault system means your own car insurance, or the driver’s, will cover initial medical expenses and lost wages up to $50,000. You can sue for pain and suffering only if your injuries meet a serious injury threshold defined by state law.

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

Generally, the statute of limitations for personal injury lawsuits in New York is three years from the date of the accident. However, deadlines can vary, especially if a government entity is involved. It is essential to act quickly to preserve your rights.

4. What types of damages can I recover after a New York pedestrian accident?

You may seek compensation for medical bills, lost wages, future earning capacity, property damage, and pain and suffering if your injuries meet the serious injury threshold. Non-economic damages like emotional distress are also potentially recoverable.

5. What if the driver who hit me was uninsured or fled the scene?

If the driver is uninsured or flees, your own uninsured/underinsured motorist (UM/UIM) coverage may apply. If you don’t have this, you might file a claim with the Motor Vehicle Accident Indemnification Corporation (MVAIC) in New York, which has strict rules.

6. Should I speak to the insurance company after a pedestrian accident?

It is best to avoid speaking to the at-fault driver’s insurance company directly without legal counsel. Insurers often try to minimize payouts or get you to admit fault. Let your attorney handle all communications to protect your interests.

7. How long does a New York pedestrian accident claim usually take?

The duration varies widely, from months to several years, depending on injury severity, liability disputes, and negotiation complexity. Straightforward cases settle faster. Litigation, if needed, extends the timeline. Patience and experienced legal guidance are key.

8. How much does it cost to hire a pedestrian accident lawyer in New York?

Most New York pedestrian accident lawyers work on a contingency fee basis. This means you don’t pay upfront fees. The lawyer’s payment is a percentage of the compensation they secure for you. If they don’t win, you typically don’t pay legal fees.

9. What evidence is important for a New York pedestrian accident claim?

Crucial evidence includes police reports, medical records, witness statements, photographs/videos of the scene and injuries, traffic camera footage, and potentially Experienced professional testimony. A strong case relies on comprehensive and well-documented evidence gathered promptly.

10. Can I claim lost wages even if I’m self-employed after an accident?

Yes, you can claim lost wages if self-employed, but proving them requires detailed financial records, tax returns, and statements from clients or contractors. It can be more complex than for salaried employees, emphasizing the need for experienced legal assistance.

The Law Offices Of SRIS, P.C. has locations in Virginia in Fairfax, Loudoun, Arlington, Shenandoah and Richmond. In Maryland, our location is in Rockville. In New York, we have a location in Buffalo. In New Jersey, we have a location in Tinton Falls.

Past results do not predict future outcomes.