New York Pedestrian Accident Lawyer | SRIS, P.C.
New York Pedestrian Accident Lawyer — What Are Your Rights After Being Hit?
If you were hit by a car while walking in Manhattan, you need a New York pedestrian accident lawyer. New York uses a pure comparative fault system under CPLR Article 14-A, meaning your recovery is reduced by your percentage of fault. The Law Offices Of SRIS, P.C.
New York Pedestrian Accident Law and Your Rights
In New York, a pedestrian accident case is governed by several key statutes that define liability and the right to recover damages. The primary framework is New York’s pure comparative negligence law, found in CPLR Article 14-A. This law allows an injured pedestrian to recover compensation even if they are partially at fault, but the total award is reduced by their percentage of responsibility. For example, if a jury finds you 20% at fault for jaywalking, your total damages award is reduced by 20%.
For auto-related incidents, New York Insurance Law § 5102(d) establishes the “serious injury” threshold. To claim compensation for pain and suffering beyond basic economic losses (medical bills, lost wages), a pedestrian must prove they sustained a “serious injury” as defined by the statute, such as a significant disfigurement, fracture, or permanent loss of a body function. also, New York County Supreme Court handles these civil suits where jurisdiction is unlimited.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Local Court Process for a Pedestrian Accident Case in Manhattan
Pedestrian accident lawsuits in Manhattan are filed in the New York County Supreme Court. The process is detailed and requires strict adherence to court rules and deadlines. A key local procedural fact is that all auto injury cases begin with a no-fault insurance claim to the driver’s insurer for initial medical expenses and lost earnings, regardless of fault. Only after exhausting no-fault benefits or meeting the “serious injury” threshold can a lawsuit for pain and suffering proceed.
- File a No-Fault Claim: Within 30 days of the accident, file an application for no-fault benefits (NF-2 form) with the involved vehicle’s insurance company to cover initial medical costs and lost wages.
- Preserve Evidence & Investigate: Gather all evidence, including police reports, witness statements, traffic camera footage, and photographs of the scene and injuries. An independent investigation is often necessary.
- File a Lawsuit: If a settlement is not reached and you have a serious injury, file a Summons and Complaint in New York County Supreme Court before the 3-year statute of limitations expires.
- Complete Discovery: Both sides exchange evidence through depositions, interrogatories, and document requests. Medical examinations by defense doctors are common.
- Attend Conferences: The court will schedule a preliminary conference and subsequent compliance conferences to manage the case timeline and encourage settlement.
- File a Note of Issue: Once discovery is complete, file a Note of Issue to certify the case is ready for trial and place it on the court’s trial calendar.
Potential Damages and Recovery in a Pedestrian Accident Case
In New York County, a pedestrian accident can result in compensation for economic damages like medical bills and lost wages, and non-economic damages for pain and suffering if a “serious injury” is proven.
| Type of Damage | Description | Key Consideration |
|---|---|---|
| Economic Damages | Medical expenses (past & future), lost wages, loss of earning capacity, out-of-pocket costs. | Must be documented with bills, receipts, and experienced testimony. |
| Non-Economic Damages | Pain and suffering, emotional distress, loss of enjoyment of life. | Recovery requires meeting the “serious injury” threshold under NY Insurance Law § 5102(d). |
| Comparative Fault Reduction | Your total recovery is reduced by your assigned percentage of fault. | Even if you are 99% at fault, you can recover 1% of your damages. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our New York Pedestrian Accident Law Firm
Founded in 1997 by former prosecutor Mr. Sris, the Law Offices Of SRIS, P.C. brings a strategic, detail-oriented approach to pedestrian accident cases. Our firm-wide experience spans over 120 combined years, handling complex injury claims that require a deep understanding of New York’s unique no-fault and serious injury laws. We focus on building a strong, evidence-based case from the start to protect your right to full compensation.
Contact Our New York Pedestrian Accident Attorney Team
If you or a loved one has been injured in a pedestrian accident in Manhattan, contact our firm for a case review. We serve clients throughout New York County, including neighborhoods like Midtown, Lower Manhattan, the Upper East and West Sides, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, the East Village, the Financial District, Chinatown, Washington Heights, and Inwood.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (838) 292-0003
By appointment only.
Our New York location serves clients at New York County (Manhattan) courts, accessible via FDR Drive, the West Side Highway, and all subway lines. We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only.
New York Pedestrian Accident Lawyer FAQ
What is the statute of limitations for a pedestrian accident lawsuit in New York?
Three years. You have three years from the date of the accident to file a personal injury lawsuit in New York. For wrongful death cases, the statute is two years from the date of death. Missing this deadline will almost certainly bar your claim.
Can I still recover money if I was jaywalking when hit?
Yes. New York uses a pure comparative fault system. Your compensation will be reduced by your percentage of fault. If you are found 40% at fault for jaywalking, you can still recover 60% of your total damages from the driver.
What is a “serious injury” under New York law?
It depends. New York Insurance Law § 5102(d) defines “serious injury” with specific categories, including death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ or function, a significant limitation of use of a body function or system, or a non-permanent injury that prevents normal activities for 90 of the 180 days following the accident.
Do I need to file a claim with my own auto insurance if I was walking?
No. As a pedestrian, you would file a no-fault claim (also called Personal Injury Protection or PIP) with the insurance company of the vehicle that struck you. If the vehicle is uninsured, you may seek coverage through your own auto policy’s uninsured motorist coverage or a household member’s policy.
What should I do immediately after a pedestrian accident in NYC?
First, seek medical attention. Then, call the police to file a report. If possible, get contact information from the driver and any witnesses, and take photos of the scene, your injuries, and the vehicle. Avoid giving detailed statements to insurance adjusters before consulting a New York pedestrian accident attorney.
Last verified: April 2026. Laws and procedures can change. For the most current guidance on your pedestrian accident case in New York County, contact the Law Offices Of SRIS, P.C. at (888) 437-7747.