New York Pedestrian Injury Lawyers
Finkelstein & Partners, LLP
1279 NY-300
Newburgh, NY, 12550
(845) 420-1779
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Finkelstein & Partners, LLP – Winning Serious Injury Lawsuits Since 1959
Getting hit by a car changes everything in an instant. Medical bills arrive before you’ve even left the hospital. You’re out of work, dealing with pain, and unsure whether anyone is going to be held responsible. That pressure is real, and it deserves a serious response.
Pedestrian accidents in New York cause serious injuries every year. When a driver’s carelessness puts someone in the hospital, the law provides a path toward financial recovery. But that path isn’t always obvious, and insurance companies rarely make it easy.
The pedestrian accident lawyers at Finkelstein and Partners represent people across New York who have been injured in pedestrian accidents. If you or someone you love was hurt while walking, this page explains what your rights are, how these cases work, and what to expect when you pursue a claim.
What Pedestrian Accidents Look Like in New York
New York’s streets are some of the busiest in the country. From midtown Manhattan to suburban intersections in Buffalo or Syracuse, pedestrian accidents happen in a wide range of settings and for a wide range of reasons.
Common Causes of Pedestrian Injuries
Most pedestrian accidents come down to driver inattention. Speeding through crosswalks, failing to yield, running red lights, and distracted driving are among the most frequently cited causes in injury claims. In some cases, poor road design or missing sidewalk infrastructure also plays a role.
Where These Accidents Tend to Happen
Busy intersections are the most common location, but pedestrians are also struck in parking lots, driveways, crosswalks mid-block, and along roadsides where no sidewalk exists. Accidents near schools, shopping centers, and construction zones are also well documented. The location often matters for determining who shares responsibility.
How Serious Are Pedestrian Injuries
A pedestrian has no protection against the force of a vehicle. Injuries frequently include broken bones, traumatic brain injuries, spinal damage, and internal trauma. Even lower-speed collisions can cause lasting harm, which is why these cases often involve significant medical treatment, lost wages, and long recovery periods.
Legal Questions Around Pedestrian Rights
Understanding how the law treats pedestrians is an important part of knowing whether you have a viable claim. New York law gives pedestrians certain protections, but the rules are more nuanced than most people realize.
What Is a Pedestrian Under New York Law
A pedestrian is generally any person on foot in or near a roadway. New York law also extends the term to people using certain non-motorized conveyances, such as wheelchairs or foot scooters, in some contexts. Whether someone qualifies as a pedestrian can affect how fault is assessed in an accident.
Do Pedestrians Always Have the Right of Way
This is one of the most common misconceptions in pedestrian accident law. New York Vehicle and Traffic Law gives pedestrians the right of way in crosswalks under many circumstances, but not all. A pedestrian who crosses against a traffic signal or steps suddenly into the street may share some fault, though that does not automatically eliminate their right to recover compensation.
How New York’s Fault Rules Affect Your Claim
New York follows a pure comparative negligence standard. This means that even if a pedestrian is found partially at fault for an accident, they can still recover damages reduced by their share of responsibility. A person found 30 percent at fault, for example, would still be entitled to 70 percent of the total damages awarded.
How the Injury Claim Process Works
Knowing what happens after a pedestrian accident helps you make better decisions early on. The steps below reflect how most New York pedestrian injury claims unfold, from the initial incident through resolution.
Reporting, Evidence, and Medical Care
The first priority after any accident is medical attention, even if injuries seem minor at first. After that, the claim process typically starts with gathering evidence, including police reports, witness information, photographs, and any available surveillance footage. This early documentation often becomes the foundation of a successful claim.
Filing an Insurance Claim After an Accident
New York is a no-fault insurance state, which means your own auto insurance policy, or the driver’s policy if you don’t have one, covers certain initial medical expenses regardless of who caused the crash. However, no-fault coverage has limits, and serious injuries often require stepping outside the no-fault system to pursue a claim against the at-fault driver directly. An attorney can help determine when that threshold has been met.
What Compensation May Be Available
Damages in a pedestrian accident case can include medical expenses, future treatment costs, lost income, reduced earning capacity, and pain and suffering. The value of any claim depends on the facts, the severity of injuries, and the available insurance coverage. Finkelstein and Partners works with clients across New York to assess what their case may reasonably be worth and how to pursue it.
Frequently Asked Questions About New York Pedestrian Accidents
Pedestrian injury claims raise a lot of questions, especially for people who have never dealt with the legal system before. The answers below address what clients commonly ask when they first reach out.
The general statute of limitations for personal injury claims in New York is three years from the date of the accident. Claims against a government entity, such as a city or municipality, have much shorter deadlines, sometimes as little as 90 days to file a notice of claim. Waiting too long can bar your right to recover entirely.
New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC) provides a potential path to compensation when the at-fault driver is uninsured or leaves the scene. You may also be able to file a claim under your own uninsured motorist coverage if you have an auto policy. An experienced pedestrian accident attorney can help identify all potential sources of recovery in your situation.
Most attorneys, including those at Finkelstein and Partners, handle these cases on a contingency fee basis. That means there are no upfront legal fees, and you only pay if your case results in a recovery. The fee is typically a percentage of the settlement or judgment amount.
Seek medical attention first, even if you feel okay in the moment. Then report the accident to the police, gather contact information from witnesses, and take photos if you are able to do so safely. Avoid giving recorded statements to insurance adjusters before consulting with a pedestrian accident attorney, as those statements can be used to minimize your pedestrian accident claim.
Contact the Injury Lawyers at Finkelstein and Partners for a Free Consultation About Your Pedestrian Accident Case
If you were injured while walking in New York, you don’t have to figure out the legal system alone. The personal injury lawyers at Finkelstein and Partners have represented injured pedestrians across the state and understand how these cases develop from start to finish. Contact our team to discuss what happened, understand your options, and find out how we can help you move forward.