Every year in New York City, thousands of pedestrians are injured, and hundreds are killed in NYC traffic accidents. If you were a pedestrian who was hit by a distracted, speeding, or reckless driver, you have the right to hold them accountable. At Hecht, Kleeger & Damashek, P.C., our highly experienced New York injury lawyers fight for maximum compensation, including this $1.5 million settlement for an injured NYC pedestrian.
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Hit by a Car in NYC? Our Pedestrian Accident Attorneys Can Help
New York City’s streets are some of the busiest in the world, and unfortunately, pedestrian accidents happen daily. Whether you were hit by a car, taxi, bus, or commercial vehicle, you have the right to seek compensation for your medical expenses, lost wages, and pain and suffering. Understanding New York’s pedestrian laws and liability rules is essential, and you should contact a knowledgeable and nearby pedestrian accident lawyer to protect your rights.
Call HKD at 212-490-5700 or contact us online to request your free consultation. We won’t charge you up-front costs, and you won’t owe us anything unless you recover compensation.
New York Pedestrian Traffic Laws
New York has strict traffic laws regarding pedestrians. These traffic laws require motorists to yield to pedestrians in almost every situation and to do everything possible to avoid pedestrian accidents. Even with these laws, 9% of NYC traffic accidents involve an injured or killed pedestrian, resulting in more than 8,000 injuries and 116 pedestrian deaths in 2022.
Right-of-Way in NYC Pedestrian Accidents
New York traffic law prioritizes pedestrian safety, and motorists are required to yield to pedestrians in most situations. However, disputes over right-of-way frequently arise in pedestrian accident cases, with drivers and insurance companies shifting blame onto victims. Understanding when pedestrians have the legal right-of-way is crucial for proving fault and securing compensation.
NYC Crosswalk Accidents
Pedestrians always have the right-of-way at marked and unmarked crosswalks when following traffic control signals. Drivers must:
Stop for pedestrians in a crosswalk when a “Walk” signal is displayed.
Yield to pedestrians crossing at intersections where there are no traffic signals.
Exercise caution even when pedestrians are crossing improperly, as drivers have a legal duty to avoid collisions.
Many pedestrian accidents occur when drivers fail to stop before turning, speed through intersections, or ignore crosswalk laws.
Traffic Signals: Pedestrians & Driver Responsibilities in NY
Pedestrians must obey all traffic signals, including Walk/Don’t Walk signs. However, even when a pedestrian crosses against a signal, drivers are still required to take reasonable action to prevent a crash.
Pedestrians should only cross when the signal permits, but vehicles must yield if a pedestrian is already in the roadway.
Turning drivers must stop for pedestrians in crosswalks, even when they have a green light.
Flashing “Don’t Walk” signals indicate that pedestrians should not begin crossing but can finish if already in the crosswalk.
Insurance companies often argue that pedestrians are at fault for ignoring signals, but comparative negligence rules allow pedestrians to still seek compensation, even if partially responsible.
Jaywalking in NYC: Can You Still Recover Compensation?
While pedestrians should use designated crosswalks, jaywalking does not automatically prevent an injury claim. New York follows comparative negligence laws, meaning a pedestrian can still recover damages even if crossing outside a crosswalk.
Drivers still have a duty to avoid hitting a pedestrian, even if they are jaywalking.
Pedestrians may share fault, but they can still recover compensation, with their award reduced by their percentage of responsibility.
Traffic conditions matter—if a driver was speeding, distracted, or intoxicated, they may still hold majority liability.
For example, if a pedestrian is 20% at fault for jaywalking, but the driver was texting and speeding, the pedestrian could still recover 80% of the damages.
Who’s at Fault in a NYC Pedestrian Accident?
In many NYC pedestrian accidents, negligent drivers are responsible, but other parties may also share liability. New York’s comparative negligence laws allow injured pedestrians to seek compensation from multiple sources. Identifying all liable parties is essential for maximizing compensation and proving fault.
Reckless & Negligent Drivers
Most pedestrian accidents result from driver negligence, including:
Speeding or reckless driving in pedestrian-heavy areas.
New York City and local agencies may be liable if poor infrastructure contributed to an accident. Common issues include:
Malfunctioning traffic signals or missing pedestrian signs.
Poorly designed intersections that create dangerous crossing conditions.
Neglected road hazards, such as potholes or uneven sidewalks.
Taxi, Uber & Lyft Accidents
Rideshare and taxi drivers frequently cause pedestrian accidents, and liability may extend to:
Depending on the driver’s app status, Uber, Lyft, or taxi companies.
Negligent drivers make illegal stops or rush for fares.
Insurance disputes, especially if the driver is uninsured or underinsured.
Commercial Vehicles & Trucks
Large trucks and commercial vehicles pose a severe risk to pedestrians. Liability may fall on:
Truck drivers failing to check blind spots or making unsafe turns.
Trucking companies that push unrealistic schedules or fail to train drivers.
Delivery companies, such as Amazon or FedEx, if drivers are pressured to speed.
What Causes NYC Pedestrian Accidents?
Walking in New York City’s busy streets, intersections, and parking lots can be dangerous, even when pedestrians follow all traffic laws. While pedestrians have the right-of-way in many situations, reckless or inattentive drivers frequently cause serious injuries. Even if you cross legally in a marked crosswalk or obey pedestrian signals, you may still be hit due to driver negligence.
Why Pedestrian Accidents Happen
Many pedestrian accidents occur because drivers fail to pay attention or follow traffic laws. The most common causes include:
Distracted Driving – Using a phone, adjusting the radio, eating, or other distractions cause drivers to overlook pedestrians.
Speeding – Driving too fast reduces reaction time, making it harder to stop for pedestrians.
Running Red Lights & Stop Signs – Many accidents occur when drivers fail to stop at intersections.
Turning on Red – Drivers making right turns may focus only on vehicle traffic and fail to check for crossing pedestrians.
Unprotected Left Turns—Drivers making left turns without a dedicated signal, especially at busy intersections, often hit pedestrians.
Drunk or Impaired Driving – Alcohol and drugs slow reaction time and impair judgment, increasing the likelihood of hitting a pedestrian.
Failure to Yield the Right-of-Way – Drivers must stop for pedestrians in crosswalks, but many fail to do so.
Improper Lane Changes & Merging – Drivers who swerve between lanes or fail to check for pedestrians in bike lanes or sidewalks can cause accidents.
Backing Up Without Checking—Drivers who don’t check mirrors or use backup cameras often hit pedestrians in parking lots, driveways, and alleys.
Blind Spots & Large Vehicles – Trucks, buses, and SUVs have larger blind spots, making it harder to see pedestrians, especially children and those in wheelchairs.
Injured Pedestrians Need to Hold Negligent Drivers Accountable
Even if the at-fault driver is uninsured or underinsured, you may still have legal options. A Manhattan pedestrian accident lawyer can investigate the crash, gather evidence, and prove the driver was reckless or violated New York traffic laws.
Don’t let a negligent driver or insurance company deny your claim. At Hecht, Kleeger & Damashek, P.C., we fight to ensure you receive the full compensation you deserve for your injuries.
Pedestrian accidents often cause significant injuries. Whether in a wheelchair, on a skateboard, walking, or running, you likely had minimal defenses against a moving car. The impact can be traumatic.
Unfortunately, pedestrian accident injuries can be fatal. When you lose a relative in a Manhattan pedestrian accident, you could be entitled to compensation. Contact a compassionate New York wrongful death attorney for legal guidance. We know your grief might feel overwhelming. We’re here to help however we can.
If you’ve been hit by a car in New York City, knowing what steps to take can protect your rights and maximize your compensation. Insurance companies often try to minimize payouts, so it’s essential to gather evidence and seek legal help as soon as possible.
Report the Accident & Get Medical Help: Call 911 immediately, even if injuries seem minor. Request an ambulance for serious injuries and obtain a police report number—this will be essential for your claim.
Gather Evidence at the Scene: Take photos and videos of the accident, including vehicle damage, injuries, and traffic signals. Collect the driver’s information, insurance details, and license plate number. Speak to witnesses and get their contact information.
Seek Medical Attention Immediately: See a doctor within 24 hours, even if you feel fine, as some injuries take time to appear. Obtain medical records to document your injuries and prove they were caused by the accident.
Notify Your Insurance Company: If you have Personal Injury Protection (PIP) coverage, you may qualify for medical benefits. Do not admit fault or give a recorded statement without consulting an attorney.
Do Not Speak to the At-Fault Driver’s Insurance: Insurance companies may offer low settlements or try to shift blame. Do not sign anything or accept an offer before speaking with a lawyer.
Consult a Pedestrian Accident Lawyer: A New York pedestrian accident attorney can handle negotiations, investigate liability, and pursue full compensation for medical expenses, lost wages, and pain and suffering. If necessary, they can file a lawsuit on your behalf.
File Your Claim Before the Deadline: New York law allows three years to file a personal injury lawsuit. If your case involves a government entity, you must file a Notice of Claim within 90 days.
Compensation & Damages After a NY Pedestrian Accident
If you were hit by a car in New York City, you may be entitled to significant compensation for your injuries, financial losses, and emotional suffering. The amount you recover depends on factors like medical expenses, lost income, and the severity of your injuries.
Economic Damages (Financial Losses)
These cover out-of-pocket expenses directly related to your accident, including:
Medical bills – Emergency care, hospital stays, surgeries, rehabilitation, and long-term treatment.
Future medical costs – Ongoing therapy, medications, and assistive devices.
Lost wages – Compensation for missed work due to injury recovery.
Reduced earning capacity – If your injuries prevent you from returning to your previous job or working at full capacity.
Property damage – Reimbursement for personal items damaged in the accident, such as phones, clothing, or mobility devices.
Non-Economic Damages (Pain & Suffering)
These compensate for the physical and emotional toll of your accident, including:
Pain and suffering – Compensation for chronic pain, discomfort, and reduced quality of life.
Emotional distress – Anxiety, PTSD, depression, or psychological trauma.
Disfigurement or disability – Permanent scarring, loss of mobility, or life-altering injuries.
Loss of enjoyment of life – If your injuries prevent you from participating in activities you once loved.
Fatal Pedestrian Accidents & Wrongful Death Claims
If a pedestrian accident results in a fatality, surviving family members may file a wrongful death lawsuit to recover:
Funeral and burial costs.
Loss of financial support and benefits.
Loss of companionship and emotional suffering.
Maximize Compensation with an Experienced Lawyer
Insurance companies often undervalue pedestrian accident claims to minimize payouts. At Hecht, Kleeger & Damashek, P.C., we fight for the full compensation you deserve and won’t settle for less.
Why Choose HKD for Your NYC Pedestrian Accident Case?
When you’ve been injured in a pedestrian accident, choosing the right law firm can maximize your compensation. At Hecht, Kleeger & Damashek, P.C., we have a proven track record of winning tough cases and holding negligent drivers and insurance companies accountable.
Over $825 Million Won – We have secured top settlements and verdicts for injured pedestrians, ensuring they receive the full financial recovery they deserve.
No Upfront Fees – You Only Pay If We Win – We work on a contingency fee basis, meaning you don’t owe us anything unless we successfully recover compensation for you.
Recognized NYC Trial Attorneys – Our experienced litigators take on insurance companies, corporate defendants, and negligent drivers, fighting aggressively in settlements and court trials.
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
A hit-and-run pedestrian accident occurs when a driver strikes a pedestrian and flees the scene without providing aid or exchanging information. This is illegal under New York Vehicle & Traffic Code § 600 and often leads to severe or fatal injuries due to delayed medical response.
New York Hit-and-Run Laws
Drivers involved in an accident must:
Stop at the scene and provide assistance.
Exchange information (name, insurance, driver’s license).
Report the accident to the police if necessary.
Challenges in Identifying Hit-and-Run Drivers
Finding a hit-and-run driver can be difficult due to:
Lack of witnesses in low-visibility areas.
Limited evidence, such as tire marks or debris.
Vague vehicle descriptions that make identification hard.
Driver deception, including altered license plates or vehicle appearance.
Insurance Coverage for Hit-and-Run Victims
If the driver is not found, injured pedestrians may rely on:
Disability insurance for lost wages, if applicable.
Don’t wait to take action if you were injured in a hit-and-run. Our attorneys at Hecht, Kleeger & Damashek, P.C. can help investigate your case and explore all available compensation options.
What If a Taxi or Uber or Lyft Driver Hit Me While I Was Walking in NYC?
Taxis, Uber, and Lyft drivers often drive closer to sidewalks than they should. They also fail to adhere to the rules of the road when trying to pick up riders. If you were a pedestrian and got hit by a taxi or Uber/Lyft driver, then you should contact a pedestrian accident attorney right away.
What Evidence is Used in a Pedestrian Accident Claim?
Most pedestrian accident cases rely heavily on evidence collected from the scene, which is why an investigation is important. We will collect information from eyewitnesses, traffic cameras, dash cams, accident reconstructionists, and expert witnesses to prove you deserve compensation.
Where are Pedestrian Accidents Likely to Occur?
Pedestrians can be hit by any vehicle whenever they travel across a vehicle’s path. That might sound like common sense, but that means any time a pedestrian enters a lane where a vehicle will travel, they could become a victim. That means sidewalks, parking lots, streets, public paths, or even bike lanes could all be areas where an accident could happen.
What should I do if my pedestrian accident was a hit-and-run?
Navigating the aftermath of a hit-and-run pedestrian accident can be overwhelming. Hiring an attorney can provide invaluable support and guidance. Your lawyer can conduct a thorough investigation to gather important evidence. They can also communicate with insurance companies to maximize your compensation. You will have less stress when you work with a lawyer so that you can focus on healing and moving forward with life.
Who Pays For Your Medical Bills After A Pedestrian Accident?
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Video Transcript
Accidents involving pedestrians and accidents involving other motor vehicles are similar in that you're looking to the negligence of the person driving the motor vehicle. However, there's other considerations ... when it comes to no fault, which is who pays your medical bills, who pays your lost earnings, aside from your claim against the driver of the other vehicle. For example, if you're in a pedestrian accident, the car that hits you is responsible for up to $50,000 of your medical expenses and lost earnings. However, in a vehicle on vehicle accident, it's the host vehicle who will be responsible for the medical expenses and the lost earnings. And that's aside from your lawsuit for pain and suffering and other expenses relating to the accident.
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Call Our NYC Pedestrian Accident Attorneys Today
Pedestrians involved in car accidents can be seriously injured or killed and deserve compensation for their losses. In addition to your physical injuries, you must address the psychological impact and navigate the financial difficulties that follow unexpected medical expenses and lost wages. At Hecht, Kleeger & Damashek, P.C., we will gather the facts, assess your damages, and help get you back on your feet. Don’t let insurance companies pressure you into accepting less than you deserve, and always be aware of your rights.
You can reach us online or call 212-490-5700 to schedule your free consultation. There are no costs up-front, and you won’t owe us anything until you recover compensation.
