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Pedestrian Accident Lawyer in NYC
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Being struck by a vehicle while walking in New York City can leave you hurt, overwhelmed, and unsure of what to do next. You may be dealing with emergency treatment, follow-up appointments, missed work, and calls from insurance companies before you fully understand what your recovery will require. Whether the crash happened in a crosswalk, at an intersection, near a bus stop, or along a sidewalk, the consequences can reach every part of your daily life.
A pedestrian accident claim in New York can involve no-fault benefits, serious injury rules, comparative fault arguments, government claim deadlines, and more than one responsible party. Cerchione Hurowitz Law Group LLP handles pedestrian accident cases across the five boroughs and throughout the greater metropolitan New York City area with a litigation-ready approach. We protect the record, deal with the insurance carriers, and build the case while you focus on your medical care and recovery. Additionally, our experienced Client Relations Team will help you navigate the sometimes complex maze of medical providers — doctor’s offices, radiologists, physical therapists, surgeons, and other medical professionals.
Why Cerchione Hurowitz Law Group LLP Is the Right Firm for Your Pedestrian Accident Case
The weeks after a pedestrian accident are not a time when you can afford to make a mistake in choosing your representation. Your injuries may still be developing, and the full picture of your medical needs may be weeks away from becoming clear. Insurance carriers move fast, often making contact and presenting settlement figures before you understand the full extent of your injuries.
What you need at this stage is a firm that treats your case as the serious matter it is from the first conversation. Not a firm that processes pedestrian accident cases by volume and closes them quickly. Not a firm that settles before the medical record is complete because a fast resolution is convenient for everyone except you. Every pedestrian accident case that comes through our doors is built around the full scope of what the client lost, and we do not let the pace of an insurer’s offer determine how we handle it.
Client Testimonials
“I had an excellent experience working with Cerchione Hurowitz Law Group. From the very beginning, they were professional, knowledgeable, and responsive. They took the time to explain the process clearly and kept me informed every step of the way. I truly felt supported and confident that my case was in good hands. I highly recommend them to anyone in need of legal representation.” — Lauren M.
“I had an excellent experience with Cerchione Horowitz. They were able to resolve my accident quickly and with professionalism. Fernando Ramos was exceptional with helping me out. He was always available to answer any questions and always had a great attitude. I would recommend him and this firm for anyone looking for top notch representation!” — Frank C.
Meet Your Pedestrian Accident Lawyers In NYC
Built for Litigation, Not Just Settlement
Many firms advertise personal injury representation. Our approach is litigation-ready from the start. In a serious pedestrian accident case, that means gathering evidence early, preserving available video, reviewing the medical record, identifying each responsible party, and preparing the factual record needed to pursue a strong claim. When an insurance carrier sees that a case has been prepared carefully and can move toward trial if needed, they treat the claim differently. Our approach serves injured people whose losses require detailed case preparation, not a rushed settlement process.
Four Generations of New York City Personal Injury Practice
Our firm carries a family legal lineage spanning four generations of New York City personal injury practice. That depth of history in New York’s courts, with New York’s insurance carriers, and on New York’s streets is not something a newly formed firm can replicate. We have seen how these cases move through the system, how insurers approach pedestrian claims, and what it takes to hold negligent drivers and entities fully accountable. That knowledge is what we bring to your case.
Why Serious NYC Pedestrian Accident Claims Require Early Legal Action
New York City has made measurable progress on street safety. NYC DOT reported that traffic deaths reached an all-time low in 2025, with pedestrian fatalities falling from 122 in 2024 to 111 in 2025. Total traffic injuries and serious traffic injuries also declined. Those numbers are encouraging, but they do not reduce the impact of a serious pedestrian accident on the person who was hit. One crash can still leave someone facing emergency treatment, follow-up care, missed income, mobility issues, and pressure from insurance companies before they understand the full extent of their injuries.
Early legal action is critical after a serious pedestrian accident, especially when:
- No-fault benefits do not cover the full harm caused by the crash
- The injured person meets New York’s serious injury threshold requirement
- An insurance carrier tries to shift blame onto the pedestrian
- The crash involved a commercial vehicle, bus, city vehicle, unsafe roadway condition, or construction area
- More than one person, business, agency, or public authority may be responsible
- Key evidence, such as video footage, witness information, or vehicle records, needs to be preserved quickly
Early legal action helps identify the correct insurance coverage, investigate each responsible party, preserve evidence, and protect filing deadlines before avoidable problems weaken the claim.
Who Can Be Held Responsible for Your Injuries
Liability in a New York City pedestrian accident case may extend beyond the individual driver. Parties who may bear legal responsibility include:
- Negligent drivers who failed to yield, ran a red light, sped, or drove while distracted
- Employers of commercial vehicle operators, when the driver was acting within the scope of employment
- Public authorities or city agencies, when a bus, municipal vehicle, defective roadway condition, or public property issue contributed to the crash
- Property owners, when a sidewalk defect, unsafe curb area, or building-related obstruction contributed to the collision
- Contractors working in construction zones, when their work area forced pedestrians into an unsafe path
Identifying each responsible party can affect available insurance coverage, filing deadlines, and the evidence needed to prove the claim. We investigate liability before making decisions about how to move a case forward.
Common Causes of Pedestrian Accidents in NYC
These accidents happen fast, often at corners and crosswalks the injured person passes every single day. The collision arrives from a direction there was no reason to anticipate, and it is over before there is any time to react.
New York City pedestrian accidents stem from a combination of driver behavior, road conditions, and infrastructure failures. The most common causes include:
- Drivers failing to yield at crosswalks
- Speeding or unsafe driving for the street conditions
- Distracted driving, including phone use behind the wheel
- Running red lights or ignoring pedestrian signals
- Turning right or left without checking the crosswalk
- Truck and bus blind spots that keep pedestrians out of the driver’s view
- Vehicle doors opening into a pedestrian’s path near a curb, bike lane, or narrow street area
- Uneven pavement, broken curb cuts, unsafe sidewalk conditions, or missing crosswalk markings
- Construction zone obstructions that redirect pedestrians into unsafe areas
- Buses or large vehicles moving near stops without safely accounting for pedestrians
If your accident involved a bicycle, e-bike, delivery vehicle, truck, bus, or shared roadway, the evidence may overlap with several types of motor vehicle and premises-related claims. The cause of the crash helps determine who may be liable and what evidence needs to be preserved.
What Injuries Do Pedestrians Sustain After Being Hit by a Vehicle?
A pedestrian hit by a vehicle has no barrier between the body and the force of the collision. The impact is absorbed directly, and the resulting injuries are often catastrophic. At highway speeds or even moderate city speeds, the damage can be permanent.
Common injuries sustained by pedestrians in vehicle accidents include:
- Traumatic brain injuries, including concussions and severe TBI
- Spinal cord damage, which can cause partial or complete paralysis
- Broken bones, including the pelvis, legs, arms, ribs, and the structures of the ankle and foot
- Internal organ injuries from blunt force trauma
- Soft tissue damage to muscles, ligaments, and tendons
- Lacerations and road rash requiring surgical treatment
- Psychological trauma, including post-traumatic stress disorder
- Wrongful death
The severity of these injuries is what separates a pedestrian accident case from a minor motor vehicle accident. The medical costs, the lost income, and the long-term care needs can be substantial.
What Compensation Can You Recover After an Accident?
New York law allows seriously injured pedestrians to pursue compensation for financial and personal losses when another party caused the accident. Economic damages may include medical bills, hospital care, rehabilitation, lost income, reduced earning capacity, and the projected cost of future medical care. Non-economic damages may include pain and suffering, emotional distress, loss of enjoyment of life, and the ways the injury changes your daily routine and relationships.
How No-Fault Insurance Works in a Pedestrian Accident
New York requires that every owner of a motor vehicle registered in the state maintain no-fault insurance. If that vehicle is involved in an accident, a no-fault claim is made with the insurance company that issued the no-fault policy. That policy provides up to $50,000 of coverage to the injured party.
If you were walking when a vehicle hit you, it may not be clear where your first insurance claim should go. New York’s no-fault system applies to many motor vehicle accidents, including many pedestrian crashes. In general, a pedestrian struck by a vehicle files the no-fault claim with the insurer for the vehicle that hit them. Written notice must usually be provided within 30 days of the accident, unless there is a clear and reasonable justification for a late notice.
No-fault benefits can help cover medical expenses and a portion of lost earnings regardless of fault, but this coverage is limited. Serious pedestrian injuries may exceed available no-fault benefits. When the injuries meet New York’s serious injury threshold under New York law, an injured pedestrian may also pursue a claim against the at-fault party for pain and suffering and other damages available under the law.
What Counts as a Serious Injury Under New York Law?
The serious injury threshold determines whether your case can move beyond no-fault coverage. Under New York Insurance Law, a serious injury includes:
- Significant disfigurement
- A bone fracture
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury or impairment that prevents you from performing substantially all of your usual daily activities for 90 of the 180 days following the accident
Many pedestrian accident injuries may meet this threshold, but eligibility depends on the medical record, diagnosis, limitations, and how the injury affects daily life. We review the medical documentation carefully and begin building the evidence needed to support a claim for pain and suffering when New York law allows it.
What to Do After a Pedestrian Accident in New York City
The decisions you make in the hours and days following a pedestrian accident directly affect your ability to pursue compensation. When you are hurt, disoriented, and frightened, legal procedure is the last thing on your mind. The steps below can protect your case and your recovery significantly.
- Call 911 and get medical attention immediately. Even if you believe your injuries are minor, an EMS evaluation and an emergency room visit create the medical documentation that ties your injuries to the collision. Injuries like concussions and internal trauma are not always obvious at the scene.
- Avoid apologizing or admitting fault. New York is a comparative negligence state, and any statement suggesting you contributed to the accident can be used to reduce your recovery.
- Collect the driver’s name, license plate number, and insurance information.
- Photograph everything at the scene: skid marks, traffic signals, vehicle damage, the intersection layout, and your injuries.
- Get the names and contact information of any witnesses who saw the collision.
- Request a copy of the police report or note the report number so you can obtain it later.
- Identify the correct no-fault insurer and provide them with written notice within 30 days of the accident date. We are happy to help you with this as long as you give us sufficient time in which to do so. For many pedestrian accidents, the claim goes to the insurer for the vehicle that struck you. If the vehicle was uninsured, unknown, or part of a more complex claim, an attorney can help identify the correct coverage source.
- Do not speak with or give a written or recorded statement of any kind to any insurance adjuster. Adjusters work for the insurance company, and recorded statements made before you understand the full picture of your injuries can limit what you recover.
Proving Fault in a New York Pedestrian Accident Case
Insurance carriers often attempt to shift blame onto the pedestrian after an accident. A driver may claim you stepped into the street without warning. The carrier may argue you were jaywalking or distracted. These arguments are designed to reduce what they pay, and they are made early and aggressively.
New York is a comparative negligence state. Under this standard, you can pursue a claim even if you were partially at fault for the accident. For example, if a jury determines you were 20% responsible and the driver was 80% responsible, you recover 80% of your total damages. Partial fault does not eliminate your claim. It does, however, give the defense a financial incentive to build a narrative of pedestrian responsibility, which is why the evidence gathered at the scene and in the days that follow is so consequential to your case.
Evidence used to establish fault in a pedestrian accident may include:
- The police accident report
- Available surveillance footage from nearby buildings, businesses, buses, dashcams, or traffic-related camera systems
- Witness statements from bystanders and nearby business employees
- Dashcam footage from the vehicle involved or other vehicles on the road
- Accident reconstruction analysis in serious or disputed cases
- Medical records connecting the injuries to the collision
- Vehicle damage, scene photographs, signal timing, roadway layout, and relevant maintenance records
How Long Do You Have to File a Pedestrian Accident Claim in New York?
After an accident, your focus may be on treatment, recovery, and getting back to some version of your normal routine. The legal clock still runs. Most pedestrian accident lawsuits in New York must be filed within three years of the accident date. Missing that deadline can bar the claim, even when the injuries are serious. (Please note that this is different than filing a no-fault claim, which must be done within 30 days of the accident date.).
Three years can sound like a long time, but important evidence can disappear much sooner. Video footage may be overwritten, witnesses may become harder to locate, and physical conditions at the scene can change. Early legal action helps preserve the evidence needed to support the claim.
Claims Against the City of New York, a City Agency, or the MTA
If the vehicle that struck you was operated by a city agency, the New York City Police Department, the Department of Sanitation, the New York City Transit Authority, or another public authority, the timeline may be much shorter than the standard personal injury deadline. Most claims against public entities require a Notice of Claim within 90 days of the accident.
After the required notice is served, many municipal and transit authority injury lawsuits must be started within one year and 90 days of the accident date. These rules are technical, and the correct defendant matters. If a bus, public vehicle, city-owned vehicle, roadway condition, or transit authority issue contributed to your accident, contact a pedestrian accident lawyer in New York City as soon as possible so the deadline and notice requirements can be reviewed.
How to Choose the Right NYC Pedestrian Accident Attorney
There is no shortage of firms advertising pedestrian accident representation in New York City. Knowing which firm is actually prepared to fight for your case takes more than reading a website. When you are evaluating attorneys after a pedestrian accident, consider:
- Contingency fee arrangement: A reputable firm handles pedestrian accident cases on a contingency basis, meaning you pay no attorney fees unless the case resolves in your favor. There are no up-front costs to retain counsel.
- NYC-specific pedestrian accident experience: New York’s no-fault system, comparative negligence rules, and government claim procedures are not uniform across states. The attorney you hire should have specific experience with the New York legal environment, not general personal injury practice.
- Litigation posture: Some firms settle every case quickly regardless of injury severity. A litigation-ready firm builds the case for trial from the start and is willing to take a case before a jury when the insurer’s offer does not reflect your actual losses.
- Communication standard: You should know the status of your case at every stage. A firm that keeps you informed demonstrates respect for the person behind the claim.
- Personalized attention: High-volume practices move cases through the system quickly. If you need a firm that treats your case as a serious matter with serious stakes, ask upfront how your case will be handled and by whom.
We built our practice around each of these standards. Our family legal lineage spanning four generations in New York City means we understand this city’s courts and carriers. Our litigation-ready structure means we do not accept a weak settlement because it is convenient. Our free consultations and 24/7 intake mean the first step toward representation costs you nothing.
Talk to a NYC Pedestrian Accident Lawyer Before the Insurance Company Controls the Claim
Your job right now is to recover. Our job is to handle the legal process, deal with the insurance carriers, and pursue the compensation you are owed. Call Cerchione Hurowitz Law Group LLP at 646-666-3030 or fill out our contact form to schedule a free consultation at no cost and with no obligation.
Written By Gregory T. Cerchione
Widely known throughout the legal community, Gregory T. Cerchione is a principal at Cerchione Hurowitz Law Group LLP, and one of the driving forces behind the firm’s growth and success. As an esteemed member of the New York legal community,