New York Pedestrian Accident Lawyer


With extensive experience in personal injury law, our tenacious New York pedestrian accident lawyers at Spar & Bernstein will handle your case with care and compassion.  

Whether you were injured in a direct pedestrian-vehicle accident or sideswiped as a result of other vehicles colliding, our team will fight on your behalf to ensure you receive compensation for your injuries. 

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From motor vehicle accidents to hit-and-run accidents, truck accidents and bus accidents, our knowledgeable personal injury team will be by your side if you were injured as a pedestrian in New York.  

Our success stories include: 

  • Compensation of $4.0 million for an infant in a stroller accident that resulted in wrongful death  
  • Compensation of $3.4 million for a pedestrian accident that resulted in wrongful death 
  • Compensation of $1.5 million for a pedestrian accident that resulted in injuries 


New York Traffic Rules 

New York traffic rules, documented by the New York City Department of Transportation, define regulations regarding signals, speed, parking, stopping, motor vehicles and pedestrian behavior on the road. 

No-Fault Law 

The New York no-fault law states that under your auto insurance policy, you are eligible to receive compensation of up to $50,000 for medical care, lost income and other injury-related costs, regardless of who caused the accident. 

Contributory Negligence 

As per the New York contributory negligence law, if you are partially at fault for a pedestrian accident, your compensation will be reduced by the percentage of your fault. 

Amount Of Recovery  

This law states that there are no damage caps for personal injury settlements in New York. This means that our pedestrian accident lawyers at Spar & Bernstein will seek maximum compensation for your losses and injuries. 

New York Statute Of Limitations  

As per the New York statute of limitations, you must file a lawsuit no later than three (3) years after the date a pedestrian accident occurred. Failure to submit your lawsuit within this time period might lead to its denial. 

The time frame to file a lawsuit for wrongful death after losing a loved one in a pedestrian accident is two (2) years. 

The time frame to file a lawsuit against a government agency, the city or the state is one (1) year and 90 days after the accident. The first step in this process is to file a Notice of a Claim within the first 90 days after the accident. 


The liable parties for a pedestrian accident in New York include all traffic participants who contributed to the accident, such as: 

  • Bicyclists 
  • Motor cyclists 
  • Electric scooter operators 
  • Motor vehicle drivers 
  • Manufacturers of defective scooters 
  • Government agencies   


If you were involved in an accident as a pedestrian, and you have auto insurance or household insurance, your Personal Injury Protection insurance (PIP) can help cover your immediate medical expenses, lost wages and other accident-related expenses.  

If your PIP is not enough to cover all of your medical costs or you are not covered under any insurance policy, you can file a claim for medical expenses against the party that was responsible for the accident. 

In addition, you can seek compensation for: 

Pain And Suffering 

File a personal injury claim against the party responsible for the accident to seek compensation for your pain and suffering. 

Property Damage 

If the accident caused damage to your personal property, you can file a claim to seek compensation for property damage. 

Wrongful Death 

If your loved one lost their life in a accident, you can file a claim for wrongful death. 

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Disclaimer: attorney advertisement. prior successful results do not guarantee a similar outcome 

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What Are The Most Common Causes Of Pedestrian Accidents In New York?

The most common causes of pedestrian accidents include:

  • Poor visibility
  • Poorly marked crosswalks
  • Distracted driving
  • Aggressive driving
  • Fatigued driving
  • Speeding
  • Drunk driving
  • Taking unsafe turns
  • Failure to yield the right of way
  • Driving under the influence

What Are The Most Common Pedestrian Accident Injuries?

The most common pedestrian accident injuries include:

  • Fractures
  • Traumatic brain injuries
  • Facial disfigurement
  • Back and neck injuries
  • Chest injuries
  • Spinal cord injuries
  • Internal organ injuries
  • Burn injuries
  • Amputations

What Long-Term Effects Can I Experience After Being Injured As A Pedestrian?

After sustaining injuries in a pedestrian accident, you may experience various long-term effects, depending on the type of injury. Long-term effects might include:  

  • Balance problems 
  • Breathing problems 
  • Bladder control problems 
  • Seizures 
  • Nausea 
  • Numbness 
  • Paralysis 

These health conditions typically require prolonged treatment and medication, both at a high cost.  

Our pedestrian accident lawyers at Spar & Bernstein will fight on your behalf to secure a settlement that will support your medical needs long-term. 

What Should I Do After A Pedestrian Accident?

If you were involved in a pedestrian accident:

  • If your condition allows, move to a safe area away from the traffic
  • Seek medical attention immediately — shock can mask serious internal injuries that can prove fatal if not addressed on time
  • Call the police and file a police report, providing every detail you remember
  • Exchange contact details with the driver that hit you, including their name, license plate number and insurance company
  • Use photos and videos to document your bruises, ripped clothes or other accident site details
  • Collect witness contact information
  • Do not admit fault
  • Contact an experienced pedestrian accident attorney

What Determines The Amount of Compensation I Will Receive After Being Injured As A Pedestrian In New York?

The amount of compensation you will receive after being injured as a pedestrian in New York depends on various factors, including: 

  • Your medical expenses after the accident 
  • The effect your injuries have or had on your life 
  • Your ability or inability to work after the accident 
  • Your ability or inability to perform the same work duties as before the accident 
  • The coverage limits of the at-fault driver’s car insurance policy 
  • The mental and emotional trauma you sustained after the accident 

What Evidence Can I Use To Seek Compensation After A Pedestrian Accident In New York?

To seek compensation after a pedestrian accident in New York, you can use evidence such as: 

  • Police accident reports 
  • Medical records 
  • Witness testimony 
  • Camera footage 

At Spar & Bernstein, we will act on your behalf to collect all available evidence and solidify your case, to help you obtain a fair settlement for your injuries and losses. 

Can I Seek Compensation If I Was Responsible For My Pedestrian Accident?

New York is a comparative negligence state, which means you can seek compensation for your losses or injuries even if you contributed to the accident. However, the percentage of your fault will be deducted from the amount of compensation you receive.  

For example, if your damages are estimated at $10,000 and you are found 40% at fault for the accident, your awarded compensation will be $6,000. 

How Can Spar & Bernstein Help Me After A Pedestrian Accident?

If you were involved in a pedestrian accident, our pedestrian accident lawyers at Spar & Bernstein will:

  • Examine the details of your accident, speak to witnesses and gather evidence
  • Identify who is at fault for the accident
  • Discuss your case with injury experts to evaluate your injuries
  • Seek compensation from all responsible parties
  • Prepare and file your claim, observing legal deadlines
  • Fight for your case in court if a settlement is not reached

What If I Can’t Afford A Lawyer After My Pedestrian Accident?

At Spar & Bernstein, you only pay for our services when your case has been successfully resolved. The fee constitutes a percentage of the negotiated amount. 

To help you further, our initial consultation is free of charge. This allows you to seek professional legal advice, regardless of your financial standing. 

Where Do Pedestrian Accident Fatalities Typically Occur?

The most common areas where pedestrian accident fatalities occur include urban areas and roadway locations with no intersections, where vehicles can reach a high speed. 

Who Is The Most At Risk For A Pedestrian Accident?

The pedestrians that are at a higher risk for an accident include: 

  • Children, due to inattention, unpredictable movement and lack of knowledge about road rules  
  • Parents and/or care takers pushing strollers 
  • Adults older than 65 years of age, due to mobility limitations, impaired vision or hearing loss 
  • Pedestrians under the influence of alcohol and drugs, due to the inability to focus or accurately judge the situation 
  • Pedestrians being distracted by their cell phones

Are Pedestrian Accidents Common In New York?

Pedestrian accidents rank among the top 10 primary causes of fatalities and injury-related hospital admissions in the state of New York.  

Each year, there are approximately 15,000 pedestrians injured in motor vehicle accidents, over 3,000 pedestrians admitted to the hospital and 300 pedestrians killed, according to the New York Department of Health. 

These unfortunate statistics show that pedestrian accidents are not uncommon in New York. Timely professional legal advice is key for the successful outcome of your claim. 

Our experienced pedestrian accident lawyers at Spar & Bernstein will help you obtain fair compensation that will allow you to focus on your full recovery. 

How Can I Stay Safe As A Pedestrian In New York?

To stay safe as a pedestrian in New York: 

  • Cross only at intersections and designated crosswalks 
  • Wait for the crosswalk signal after using a pedestrian pushbutton 
  • Check for traffic on your left, right and over your shoulder before crossing 
  • Use sidewalks 
  • If there are no sidewalks, walk against the traffic so you can see approaching cars and drivers can see you 
  • Do not text while crossing a road 
  • Wear light-colored or reflective clothing after dark and in poor weather conditions 
  • Do not dart in front of approaching cars 
  • Remember that due to their weight, trucks and buses need more time to stop compared to other vehicles 
  • Keep an eye out for cars coming out of driveways and parking spaces 
  • Educate your children about pedestrian safety 
Experienced Leader in Immigration and Injury Law

Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

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