Understanding Common Injuries in Pedestrian Accidents

When a pedestrian is struck by a vehicle, whether in a crosswalk or not, they are completely unprotected. The injuries that result from these collisions are usually severe. Our lawyers focus on handling cases involving:

After a pedestrian accident, injured individuals often require extensive medical treatment and long-term rehabilitation. Serious injuries can mean prolonged hospital stays, multiple surgeries, and months or years of therapy. Many accident victims must adapt to significant changes in their abilities and daily routines. In New York County, accessing specialized care quickly matters, since top trauma and rehabilitation centers serve the area but may involve complex referral processes. Our firm guides clients in understanding the full scope of their recovery needs so they can plan for both immediate and future care.

A pedestrian accident could leave you or a loved one with a serious injury, significant ongoing medical expenses, and a reduced ability to work. At Restivo & Murphy LLP, we focus on maximizing our clients' cases by conducting thorough research into the ongoing medical costs our clients face. We present these costs in ways that juries can understand. We are dedicated to doing everything we can to help you obtain the compensation you need moving forward.

Identifying Common Causes of Pedestrian Accidents

Some of the most common causes of pedestrian accidents may include:

• Distracted Driving: The widespread use of smartphones and other electronic devices has led to an increase in distracted driving accidents. When drivers are not fully focused on the road, pedestrians become vulnerable to crashes.
• Speeding and Reckless Driving: New York City's fast-paced environment often leads to aggressive driving, including speeding and reckless maneuvers. Pedestrians are at higher risk when drivers ignore speed limits and traffic regulations.
• Failure to Yield: Drivers must yield the right of way to pedestrians at crosswalks and intersections. Failing to do so may result in serious accidents and injuries.
• Impaired Driving: Operating a vehicle while under the influence of alcohol or drugs greatly impairs judgment and reaction time. Pedestrians are more likely to be hurt when sharing the road with impaired drivers.
• Poor Visibility and Weather Conditions: Bad weather, insufficient street lighting, or obstructed views all contribute to pedestrian accidents. Drivers must exercise caution in these situations to avoid crashes.

Many pedestrian accidents in New York County happen at busy intersections such as those in Midtown, the Financial District, or near large transit hubs where both foot and vehicle traffic are dense. The NYPD regularly reports higher accident rates in areas close to subway stations or major city landmarks, which increases the risk for both residents and visitors. Factors like turning vehicles at crosswalks, large delivery trucks, and narrow streets can contribute to injuries. Ongoing safety efforts such as Vision Zero target these incidents, but everyone on the road must remain alert and cautious.

Call our Garden City office at or contact us online. We provide free consultations, and we work on contingency, so you will not pay attorney fees unless your case succeeds.

What To Do After a Pedestrian Accident

Taking practical steps in the moments after a pedestrian accident in New York County can help protect your health and support your future claim. Move to a safe place if possible and call emergency services right away. Prompt medical care creates a record of your injuries, which is essential for any insurance or legal issues that may follow. Collect the names and contact details of witnesses nearby. Preserve evidence by taking photos of the accident scene, vehicle positions, crosswalk markings, and relevant traffic signals. These details can be especially important at busy intersections or with transit vehicles, since city conditions can change quickly.

In New York County, police will typically arrive and file an official report, which you may need later. Check whether surveillance or traffic cameras captured the incident, since many city streets have recorded footage. Act quickly to obtain this information, as businesses and agencies often delete camera files after a short time. Gathering clear, timely documentation strengthens your insurance claim or lawsuit and helps ensure your perspective is heard.

How Fault & Liability Are Determined in New York County

New York applies the rule of comparative negligence, which means multiple parties may share responsibility for a pedestrian accident. Insurance companies and courts look at right-of-way, traffic signals, and whether each party acted with reasonable care. Even if you are partially at fault, you may still recover damages; any award will be reduced based on your percentage of fault. For example, if you crossed outside a marked crosswalk and the driver was speeding, both actions influence the outcome. Understanding these legal standards helps individuals and families set realistic expectations from the beginning.

New York County’s complex intersections, frequent construction, and changing signage often create disputes about fault. Both drivers and pedestrians must follow local rules, but city environments can complicate these cases. Incidents involving city vehicles like buses or sanitation trucks sometimes need special handling under municipal law. The team at , drawing on experience from both plaintiff and defense sides, offers insight that helps clients navigate these challenges.

Why Pursuing Legal Action is Essential After a Pedestrian Accident

In New York, an injured pedestrian may file a no-fault insurance claim to cover losses. However, these benefits are capped at $50,000. This amount often does not fully cover medical expenses resulting from a pedestrian accident. If your injuries meet the legal definition of “serious injuries,” you may pursue additional compensation by bringing a claim against the at-fault driver. Families of those who have died in pedestrian accidents may pursue compensation through a wrongful death case.

Acting quickly after an accident can make a significant difference. Always report the incident to law enforcement, obtain a copy of the police accident report, and seek immediate medical attention, even for seemingly minor injuries. Take photographs of the scene and collect witness details, and try to preserve video evidence if available. These steps create a strong record, which is important in New York County, where accident investigations may involve several agencies. Pursuing a claim against those responsible for your accident can be complex. The other party’s insurance company may argue that your injuries are not serious or resulted from a pre-existing condition. Having a knowledgeable legal advocate at your side helps you overcome these challenges and pursue fair compensation.

Understanding the Statute of Limitations for Pedestrian Accidents in New York

New York law sets a specific time limit for bringing a legal claim after a pedestrian accident. This deadline is known as the statute of limitations. If you do not file a claim within this time, you may lose your right to seek compensation.

In New York, the statute of limitations for personal injury claims—including pedestrian accidents—is generally three years from the date of the incident. However, special circumstances may change this timeline, so consult with our New York City pedestrian accident attorneys promptly.

Deadlines can be shorter when a municipal entity like the New York City Transit Authority or the City of New York is involved. In these cases, claimants may need to file a Notice of Claim within 90 days. Fast action helps preserve important evidence and protects your ability to use every legal option within New York County.

Gathering evidence, securing witness statements, and assessing the extent of your injuries all require time. Delaying legal action can make your case more difficult. Reach out to us as soon as possible so our team can begin a thorough investigation and ensure all deadlines are met.

Frequently Asked Questions

What should I bring to an initial consultation about a pedestrian accident?

Bring police reports, photographs of the accident scene, medical records, and any insurance information. Having these documents helps your attorney evaluate the situation and suggest next steps.

How long does it take to resolve a pedestrian accident claim in New York County?

The process varies depending on the details, the extent of injuries, and whether the case resolves through settlement or goes to trial. Many claims settle in several months, but more complicated matters can take over a year.

Can I claim compensation if I was partly at fault for a pedestrian accident?

New York law allows injured pedestrians to seek compensation even when they share some responsibility. Any settlement or award will reflect your percentage of fault as determined during the claims process.

Our New York City pedestrian accident attorneys are committed to recovering maximum settlements for our clients. Contact us today to schedule your free consultation.