Pedestrian accidents in New York City occur with unnerving frequency, often resulting in severe, life-altering injuries. With congested streets, aggressive drivers, and millions of daily foot travelers, the risk of being struck by a vehicle is a very real concern. If you’ve been hit by a car in NYC, it is essential to understand the steps you must take following the incident, the legal protections available to you, and how to effectively pursue compensation under New York personal injury law.
What Are the First Steps to Take After Being Hit by a Car in NYC?
Being struck by a vehicle is a traumatic event. Whether you were crossing at a crosswalk or walking along a curb, your immediate actions can significantly affect your recovery, both physically and legally.
Critical Actions to Protect Your Health and Legal Rights
- Seek Immediate Medical Attention – Call 911 or ask someone nearby to do so. Even if injuries seem minor, internal trauma or concussions may not be immediately apparent.
- Remain at the Scene – Unless you require urgent medical transport, remain on-site to provide information to law enforcement.
- Gather Evidence – If able, take photos of the vehicle, your injuries, traffic signs, tire marks, and the surrounding scene. This documentation can later support your legal claim.
- Obtain Driver and Witness Information – Exchange contact and insurance details with the driver and witness. Gather names and phone numbers of any witnesses.
- File a Police Report – Insist on an official report. This becomes a foundational element in proving fault and building your case.
- Avoid Making Statements About Fault – Refrain from apologizing or discussing blame, even in a casual manner. Insurance companies may use such remarks against you later.
- Contact a New York City Personal Injury Attorney – Contacting a firm like Seitelman Law Offices ensures your claim is filed correctly, evidence is preserved, and timelines are met.
What Laws Protect Pedestrians in New York?
Pedestrian protection laws in New York are among the most robust in the country, but drivers frequently disregard them. Understanding these laws is crucial to asserting your rights.
Understanding Pedestrian Protection Laws and Safety Programs in New York
- New York Vehicle and Traffic Law § 1151 requires drivers to yield the right-of-way to pedestrians lawfully within crosswalks.
- Vision Zero NYC, launched in 2014, aims to eliminate traffic deaths and serious injuries. Measures include:
- Lowered citywide speed limits to 25 mph
- Redesign of over 100 intersections and corridors annually
- Expansion of speed camera enforcement
For a complete overview of the city’s commitment to pedestrian safety, consult the official Vision Zero NYC portal.
When a driver fails to yield, speeds excessively, or drives distracted, they may be held liable under the theory of negligence per se. This means they violated a law designed to protect people like you, and that violation directly caused your injury.
Can I Still Recover Damages if I Was Partially at Fault?
Many pedestrian accident victims mistakenly believe they cannot recover damages if they were not in a crosswalk or were distracted at the time of the accident, but that is not necessarily true. The circumstances of each incident determine the outcome, and an important variable is often retaining the help of an experienced personal injury lawyer to help you with your specific case.
Comparative Fault in New York Personal Injury Cases
New York follows a pure comparative negligence rule. Under this doctrine, a pedestrian can recover damages even if they were 99% at fault. However, their compensation is reduced by the percentage of fault attributed to them. For example, if your total damages are $200,000 and you’re found 20% at fault, you would still recover $160,000.
This legal structure ensures pedestrians aren’t unfairly barred from recovery due to minor missteps. Insurance carriers often exploit misconceptions about fault to deny valid claims, making legal guidance essential.
How Can Pedestrian Accidents be Prevented in New York City?
While legal protections are in place, accident prevention remains critical. Pedestrians, drivers, and city agencies all play roles in improving street safety.
How to Prevent Pedestrian Accidents
For Pedestrians:
- Use crosswalks and obey signals.
- Avoid using mobile devices while crossing.
- Make eye contact with drivers at intersections to ensure they see you.
For Drivers:
- Always yield at crosswalks.
- Observe speed limits, especially in areas near schools and residential neighborhoods.
- Eliminate distractions such as texting while driving.
For City Officials:
- Continue redesigning high-risk intersections.
- Expand pedestrian plazas and traffic-calming measures.
- Increase awareness campaigns around driver accountability.
These combined efforts are key to reducing the nearly 10,000 pedestrian injuries that occur annually in NYC, according to the NYPD’s traffic safety data.
Why Legal Representation Matters in Pedestrian Accident Claims
Why Legal Representation Matters in Pedestrian Accidents
An experienced attorney will:
- Investigate Your Case Thoroughly – Gather surveillance footage, witness testimony, and medical evaluations to strengthen your claim.
- Handle No-Fault Insurance and Third-Party Claims – New York is a no-fault state, which means your medical bills are covered by your insurance (if applicable). Still, serious injuries qualify for lawsuits against negligent parties.
- Calculate and Pursue Full Damages – This should include current and future medical costs, lost wages, pain and suffering, and long-term rehabilitation expenses.
- Negotiate with Insurers – This is important to prevent lowball offers or wrongful claim denials.
- Represent You in Court if Necessary – If a fair settlement isn’t offered, your attorney can pursue litigation for maximum recovery.
The team at Seitelman Law Offices has a deep understanding of NYC pedestrian injury claims and works diligently to build strong cases that reflect the actual impact of the accident on your life.
How Long Do I Have to File a Pedestrian Injury Claim in New York?
Statute of Limitations and Notice of Claim Deadlines
- Personal Injury Lawsuits: You have three years from the date of the accident to file a lawsuit against a private party.
- Claims Involving Municipal Entities: If you were hit by a city vehicle (such as an MTA bus), you must file a Notice of Claim within 90 days, and the lawsuit must be initiated within one year and 90 days.
Failing to meet these deadlines could permanently bar your ability to recover compensation. Prompt legal consultation ensures all timelines are preserved.
Call Seitelman Law Offices Today for Help with Your NYC Pedestrian Accident
Pedestrian accidents can be life-altering and are often legally complex. Between managing your recovery and navigating New York’s insurance and liability laws, it’s easy to feel overwhelmed. Let a dedicated legal team advocate for your best interests, pursue fair compensation, and relieve some of the burden after an accident.
If you’ve been struck by a car in New York City, don’t let time pass as the stress and pain compound. Reaching out to an attorney now can be the first step in allowing you to move forward.