Pedestrian accidents are unfortunately common in New York, where busy intersections and heavy foot traffic intersect with aggressive driving. When a pedestrian is struck by a motor vehicle, the consequences can be devastating. Knowing your legal rights is essential to receiving fair compensation and ensuring accountability.
Understanding Liability in New York Pedestrian Accidents
In New York, drivers owe a legal duty of care to pedestrians. When that duty is breached—such as failing to yield at a crosswalk or running a red light—and it results in injury, the driver can be held legally liable.
New York follows a comparative negligence rule. This means that even if the pedestrian is partially at fault (e.g., jaywalking), they may still recover damages, though the award may be reduced in proportion to their share of fault.
Steps to Take After Being Hit by a Motor Vehicle in NYC
- Call 911 and Get Medical Attention
Always report the incident and get emergency medical care. Some injuries, like internal bleeding or concussions, may not show symptoms immediately. - Get a Police Report
The police report is a critical document that records the accident and includes witness statements, the driver’s information, and any citations issued. - Gather Evidence at the Scene (If Possible)
Take photos of your injuries, the accident scene, vehicle damage, traffic signs, and road conditions. Get contact info from any witnesses. - Avoid Discussing Fault or Making Statements
Do not admit fault at the scene or during conversations with insurers. Stick to the facts and let your lawyer speak on your behalf.
Common Causes of Pedestrian Accidents in New York
- Distracted or texting drivers
- Speeding or reckless driving
- Failure to yield at crosswalks
- Intoxicated driving
- Illegal turns or running red lights
Potential Compensation for Injured Pedestrians
Victims of pedestrian accidents may be entitled to recover damages such as:
- Medical expenses (past and future)
- Lost wages or earning capacity
- Pain and suffering
- Permanent disability or disfigurement
- Emotional distress
In cases of extreme negligence, punitive damages may also be awarded.
Who Pays for Medical Bills?
Under New York’s No-Fault Insurance Law, the driver’s insurance may be responsible for up to $50,000 in basic economic losses, even if the driver was not at fault. This includes medical bills and lost income. However, more serious injuries may allow the victim to step outside the no-fault system and pursue a personal injury lawsuit.
When to Contact a New York Personal Injury Attorney
Time is of the essence in pedestrian accident cases. An experienced personal injury attorney will:
- Investigate the accident and gather evidence
- Handle all interactions with insurance companies
- Ensure that all filing deadlines are met
- Help you pursue the maximum compensation you are entitled to
Alan Ripka & Associates has decades of experience representing injured pedestrians across New York. We fight for justice on behalf of victims and their families.
Conclusion
If you’ve been injured as a pedestrian in New York, you have legal rights—and you don’t have to face the legal process alone. Alan Ripka & Associates is committed to holding negligent drivers accountable and securing the compensation you deserve.
Schedule a free consultation today and take the first step toward justice and recovery.
