Pedestrian Accident Lawyer Westchester NY | SRIS, P.C.
Pedestrian Accident Lawyer in Westchester County, NY
A pedestrian accident in Westchester County can cause severe injuries under NY CPLR Article 14-A. Law Offices Of SRIS, P.C. provides dedicated legal support for victims. Our firm, founded in 1997, uses extensive experience to handle the details of your claim. We focus on securing compensation for medical costs, lost income, and pain and suffering. Contact us for a case review.
Understanding Pedestrian Accident Law in Westchester County
In New York, pedestrian accident cases are governed by principles of comparative fault and specific statutes that define liability and damages. A key statute is NY CPLR Article 14-A, which establishes the rules for comparative negligence. This means your recovery can be reduced by your percentage of fault. For auto-related cases, New York Insurance Law § 5102 defines the “serious injury” threshold that must be met to claim non-economic damages like pain and suffering.
Last verified: April 2026 | Westchester County Supreme Court | New York State Legislature
Law Offices Of SRIS, P.C., founded in 1997 by former prosecutor Mr. Sris, brings a focused approach to these cases. We understand the local legal standards and work to build strong claims for our clients.
Official Legal Resources
For the official text of New York’s comparative fault law, refer to NY CPLR Article 14-A (New York State Senate). For court procedures and forms, visit the Westchester County Supreme Court website.
Local Process for a Pedestrian Accident Case
In Westchester County, pedestrian accident lawsuits with unlimited monetary claims are filed in the Supreme Court. The process begins with filing a summons and complaint, paying a $210 index number fee. The case then moves through a series of court-mandated conferences. In this court, the timeline from filing to potential resolution often spans 18 to 36 months for typical cases, with complex cases taking longer.
- Seek Immediate Medical Care: Your health is the priority. Detailed medical records are the foundation of your injury claim.
- Preserve Evidence: Collect contact information from witnesses, take photos of the scene and your injuries, and obtain a copy of the police report.
- Notify Insurance Companies: Report the accident to your own auto insurer to initiate a No-Fault (PIP) claim for initial medical bills and lost wages, regardless of fault.
- Consult a Pedestrian Accident Attorney: Before providing any detailed statements to other insurance companies, speak with a lawyer to protect your rights.
- File a Lawsuit if Necessary: If a fair settlement cannot be reached, your attorney will file a lawsuit in Westchester County Supreme Court before the three-year statute of limitations expires.
- Proceed Through Discovery & Conferences: Both sides exchange evidence, and the court holds compliance conferences to move the case toward trial or settlement.
Potential Damages and Outcomes
In Westchester County, a pedestrian accident claim can seek compensation for medical expenses, lost wages, pain and suffering, and other losses, though recovery may be reduced by your share of fault.
| Damage Type | Description | Considerations |
|---|---|---|
| Economic Damages | Medical bills, rehabilitation costs, lost income, future earning capacity loss. | These are quantifiable and typically covered if liability is established. |
| Non-Economic Damages | Pain and suffering, emotional distress, loss of enjoyment of life. | In auto cases, you must first meet the “serious injury” threshold defined by law. |
| Comparative Fault | New York’s pure comparative fault rule. | Your total compensation is reduced by your percentage of fault. You can recover even if you are 99% at fault. |
Results may vary. Prior results do not aim for a similar outcome.
Our Firm’s Experience
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of legal experience. We are committed to providing full representation for injury victims. Our approach is case-specific, designed to address the unique facts of each pedestrian accident claim in Westchester County.
Legal Support in Westchester County
If you have been hurt in a pedestrian accident, legal guidance is important. The process involves dealing with insurance companies, understanding no-fault benefits, and potentially filing a lawsuit. A Pedestrian Accident Attorney Westchester NY from our firm can manage these details for you. We work to establish liability, document your damages, and pursue a full recovery.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Our New York location serves clients at Westchester County courts, accessible via I-87 (NYS Thruway), I-287, and the Taconic State Parkway. We provide a Pedestrian Accident Lawyer Westchester NY near White Plains, Yonkers, New Rochelle, Mount Vernon, Scarsdale, and surrounding communities. 24/7 phone consultations are available at (888) 437-7747 — meetings are by appointment only.
Frequently Asked Questions
What is the statute of limitations for a pedestrian accident in New York?
Three years. You have three years from the date of the accident to file a personal injury lawsuit in New York. If you miss this deadline, the court will likely dismiss your case, and you will lose the right to seek compensation through the legal system.
What if I was partly at fault for the accident?
It depends. New York follows a “pure comparative fault” rule. Your compensation will be reduced by your percentage of fault. For example, if you are found 30% responsible and your damages are $100,000, you can still recover $70,000. You can recover even if you are mostly at fault.
What is the “serious injury” threshold?
This is a legal requirement in New York auto accident cases to claim pain and suffering. It includes injuries like significant disfigurement, bone fractures, or permanent loss of a body organ or function. A Pedestrian Accident Law Firm Westchester NY can evaluate if your injuries meet this complex threshold.
Do I need to deal with my own car insurance if I was walking?
Yes. New York is a no-fault state. As a pedestrian hit by a car, you typically file a claim for initial medical bills and lost wages under the No-Fault (PIP) coverage of the vehicle that struck you or your own auto policy if you have one.
How long does a pedestrian accident case take?
It varies widely. A clear case with clear liability and settled insurance may resolve in months. A contested case that goes through full litigation in Westchester County Supreme Court can take two to three years or more to reach a trial or settlement.
Related Legal Information
If you need other legal services in Westchester County, we also assist with business law, civil litigation, and DUI defense. For more on personal injury law across New York, visit our New York personal injury hub page. We also serve nearby areas like Albany County.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.