New York Pedestrian Accident Lawyer

WHAT MATTERS MOST

  • Pedestrian accidents in New York can result from distracted driving, speeding, failure to yield, and dangerous roadway conditions, often causing serious injuries that require extensive medical treatment, rehabilitation, and time away from work.
  • New York’s no-fault insurance system generally provides injured pedestrians with medical and lost-wage benefits regardless of fault, while those with qualifying serious injuries may pursue additional compensation through a personal injury lawsuit. Under the 2026 comparative negligence changes, pedestrians found more at fault than the defendants combined may be barred from recovering damages. CPLR 1411(b) applies to car accident actions started on or after May 26, 2026, even if the accident was earlier, and applies if fault can be proven to be greater than the combined fault of the defendants (not a flat 50%).
  • After a pedestrian accident in New York, victims should seek immediate medical attention, report the crash, preserve photographs and witness information, and file no-fault insurance paperwork promptly. Early legal action is important because insurance claims and personal injury lawsuits have different deadlines, and critical evidence may disappear quickly.

Being hit by a vehicle while walking across a New York street can change your life in an instant. Between emergency room bills, lost paychecks, and the stress of dealing with an insurance adjuster, survivors often have more questions than answers in the days after a crash. New York law also changed in a meaningful way in 2026, and that shift affects how fault gets decided in many pedestrian cases.

Our firm at Jacoby and Meyers, LLP represents people who were struck by cars, trucks, and buses while walking in New York City and across the state. A pedestrian accident attorney from our firm can help you understand your options, deal with the no-fault insurance system, and pursue compensation if a negligent driver’s carelessness caused your injuries. Below, we break down how New York’s pedestrian accident laws work today, what differs borough by borough, and what to do right after a crash.

Click here to schedule a confidential consultation or call our office at 1-877-565-2993.

Jacoby & Meyers, LLP
39 Broadway Suite 1910,
New York, NY 10006
1-877-565-2993

How Our Law Firm Can Help with Your New York Pedestrian Accident Case

Figuring out who caused a pedestrian crash in New York often requires more than a police report. Traffic camera footage, witness statements, and roadway design all factor into whether a driver failed to yield or a pedestrian had the right of way. A New York pedestrian accident attorney knows how to track down and preserve this evidence before it disappears.

Dealing with Insurance Companies and No-Fault Claims

New York’s no-fault insurance system covers pedestrians hit by vehicles, but that doesn’t mean claims move smoothly or payouts are automatic. Insurance adjusters routinely dispute medical necessity, delay payments, or try to shift blame onto the injured pedestrian. Having a pedestrian accident lawyer in New York handle communications can keep a claim from stalling or being undervalued.

Pursuing Full Compensation Beyond No-Fault Limits

No-fault benefits only go so far, and they don’t cover pain and suffering. When injuries are serious, a pedestrian may have grounds to pursue a lawsuit against the driver for damages that fall outside no-fault coverage. An NYC pedestrian accident attorney can evaluate whether your injuries meet the legal threshold to bring that kind of claim.

New York’s Pedestrian Accident Laws and the 2026 Comparative Negligence Update

For decades, New York followed a pure comparative negligence rule that let an injured person recover damages even if they were mostly at fault. The 2025 budget legislation places limitations on damages resulting from motor vehicle accidents, and that change took effect through an amendment to CPLR 1411. Under the new subsection, pedestrians and others injured in motor vehicle accidents now face a modified comparative fault standard rather than the old pure comparative rule.

What This Means if You Were Partly at Fault

Under the updated law, a pedestrian found more at fault than the driver or drivers combined can be barred from recovering damages entirely, rather than simply having their award reduced. This makes it more important than ever to have someone evaluate the facts of a crash carefully, since fault percentages can now determine whether a claim is viable at all. Non-motor-vehicle injury cases, such as slip-and-falls, still follow the traditional pure comparative negligence rule.

No-Fault Insurance Still Covers Pedestrians First

Regardless of fault, New York’s no-fault insurance system still pays basic medical and wage-loss benefits to injured pedestrians. All pedestrians injured by motor vehicles in New York State area are also protected by No-Fault. That coverage is usually the first source of compensation after a crash, with a potential lawsuit against the driver available separately if your pedestrian accident injuries are serious enough and fault allows it.

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Borough-by-Borough Pedestrian Accident Considerations

Manhattan’s grid of crowded intersections, delivery trucks, and tourist foot traffic near areas like Times Square creates unique hazards for pedestrians. Citywide, pedestrian safety data show real progress, with the Department of Transportation reporting that the city’s streets have experienced 46 pedestrian fatalities, down 13% from last year and down more than 42% since the launch of Vision Zero in 2014. Even with that progress, high-volume commercial corridors in Manhattan remain some of the more common sites for pedestrian crashes.

Brooklyn and Queens’ Mix of Arterial Roads and Residential Streets

Brooklyn and Queens combine wide arterial roads, like sections of Flatbush Avenue and Queens Boulevard, with quieter residential blocks where drivers may not expect pedestrians to cross mid-block. That mix of fast-moving traffic and local street patterns means fault investigations often turn on roadway design and speed limits as much as driver behavior. A pedestrian accident lawyer familiar with these boroughs knows which intersections tend to generate recurring safety complaints.

The Bronx and Staten Island’s Suburban-Style Intersections

The Bronx has dense corridors like the Grand Concourse alongside more suburban-style intersections, while Staten Island’s layout, built around roads like Hylan Boulevard, tends to involve higher speeds and less pedestrian infrastructure than the other boroughs. These differences affect how crashes happen and how evidence gets gathered, from traffic signal timing to sidewalk conditions. Attorneys who handle cases across New York City tailor their investigation to the specific roadway and borough involved.

What to Do After a Pedestrian Accident in New York

Seeking medical attention right away protects your health and creates a record linking your serious injuries to the crash. If you’re able, take photos of the scene, the vehicle involved, and any visible injuries before evidence changes or disappears. Getting contact information from witnesses can also make a significant difference later if fault is disputed.

Report the Accident and Preserve Evidence

New York requires drivers involved in accidents causing injury to report the crash, and a police report creates an official record of what happened. Ask for the report number and request a copy once it’s available, since it often includes details like witness names and the responding officer’s initial assessment. Preserving torn or bloodied clothing and any damaged personal items can also serve as physical evidence later.

Contact a New York Pedestrian Accident Attorney Promptly

The sooner a pedestrian accident attorney gets involved, the sooner evidence like traffic camera footage can be requested before it’s deleted or overwritten. Early involvement also helps make sure no-fault paperwork gets filed correctly and on time, since missed deadlines can jeopardize benefits. Attorneys in New York handling pedestrian cases can also advise on how the 2026 comparative negligence changes might apply to your specific situation.

Click here to schedule a confidential consultation or call our office at 1-877-565-2993.

New York Pedestrian Injury FAQ

Here are answers to a few common questions we hear from pedestrians injured in New York that go beyond what’s covered above.

Deadlines depend on whether the claim is a no-fault insurance claim or a lawsuit against the driver, and each has its own timeline. No-fault claims generally require much faster action than a personal injury lawsuit. Because deadlines vary by circumstance, it’s worth discussing your specific timeline with an attorney soon after the accident.

Jaywalking alone doesn’t automatically prevent a pedestrian from recovering compensation under New York’s comparative fault rules. Fault is typically divided between the parties based on the full set of facts, including driver speed and visibility. Under the 2026 update, though, a pedestrian found more at fault than the driver could be barred from recovery, which makes a careful factual review important.

No-fault insurance generally covers a portion of lost earnings up to policy limits for pedestrians injured by a motor vehicle. The exact amount and duration depend on the specific policy and your documented income. An attorney can help confirm whether you’re receiving the full wage benefits you’re entitled to.

Hit-and-run pedestrian accidents can still lead to compensation, often through uninsured motorist coverage or New York’s Motor Vehicle Accident Indemnification Corporation. These claims involve different procedures than a standard insurance claim. Reporting the accident to police right away gives investigators the best chance of identifying the driver.

Our firm handles pedestrian accident cases on a contingency basis, meaning there’s no upfront cost to have a case reviewed. Fees are generally only collected if compensation is recovered. This arrangement lets injured pedestrians get legal help without added financial pressure while they’re already dealing with medical bills.

Contact a New York Pedestrian Accident Attorney for a Free Consultation

If a driver’s carelessness left you injured on a New York street, our firm is ready to review what happened and explain your options under the state’s current pedestrian accident laws. Reach out to Jacoby and Meyers, LLP today to discuss your case and find out what steps make sense for your situation.