Walking in New York City can be exhilarating—until a sudden, violent impact shatters your life. If you've been struck by a car, truck, or bus while walking on a city street, you are facing severe injuries, overwhelming medical bills, and a confusing legal system. At Hach & Rose, LLP, a New York City pedestrian accident lawyer is ready to fight for you.
For nearly 25 years, our firm has been dedicated to representing injured New Yorkers, recovering over $1 billion in compensation for accident victims across the five boroughs. We understand the physical pain, the financial stress, and the emotional toll this accident has taken on you. While the system often seems designed to minimize your claim, we are here to help you seek full recovery.
You need a legal team that knows New York's complex traffic laws, insurance regulations, and the unique challenges of pedestrian cases. We prepare every case for the possibility of trial, a meticulous approach that can lead to better settlement outcomes. When you choose Hach & Rose, LLP, you receive personal attention from attorneys who are intimately familiar with NYC streets and committed to helping you focus on getting better.
Why Choose Hach & Rose, LLP for Your Pedestrian Accident Case
Selecting legal representation after a serious injury is an important decision. Hach & Rose, LLP has built a reputation over nearly 25 years by representing injured New Yorkers with dedication and achieving significant results. Our attorneys have recovered over $1 billion for accident victims, including many pedestrians struck on NYC streets.
Trial-Ready Representation That Produces Results
We prepare every case as though it may go to trial. This approach aims to produce better outcomes even in cases that settle before trial. Insurance companies know which firms prepare cases thoroughly and which do not. Our track record includes multimillion-dollar verdicts, such as a $4.2 million verdict in a car versus truck accident and a $6 million verdict for an injured construction worker.
Personal Attention and Accessibility
Large case results mean nothing if clients feel ignored during the process. At our firm, attorneys personally handle cases and remain accessible to clients throughout the process. Our team includes staff who speak English, Spanish, and Polish, and we travel to meet clients who have difficulty reaching our office due to injuries.
Local Knowledge and Free Consultations
Our attorneys know New York City streets, traffic patterns, and the specific challenges pedestrians face in each borough. We have relationships with medical experts, accident reconstructionists, and other professionals whose testimony strengthens pedestrian accident claims. Our Manhattan office provides convenient access for clients throughout the five boroughs. We offer free, no-obligation consultations and work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Compensation in NYC Pedestrian Accident Cases
Pedestrian accident compensation depends on multiple factors, including injury severity, medical expenses, lost income, and long-term prognosis. Each case is unique, and compensation varies significantly based on individual circumstances. Attorneys evaluate these factors to determine what fair compensation looks like for each client.
Economic Damages in Pedestrian Claims
Economic damages include quantifiable financial losses resulting from the accident. The following categories typically apply to pedestrian accident claims:
- Past and future medical expenses, including hospitalization, surgery, rehabilitation, and ongoing care
- Lost wages from missed work during recovery
- Reduced earning capacity if injuries prevent return to previous employment
- Home modification costs for accessibility if injuries cause permanent disability
- Transportation costs for medical appointments
Thorough documentation of these expenses helps strengthen your claim and supports the compensation attorneys pursue on your behalf.
Non-Economic Damages
Non-economic damages compensate for losses that lack specific dollar values. Pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium fall into this category. New York places no statutory cap on non-economic damages in pedestrian accident cases, unlike some other states.
How Attorneys Evaluate Claim Value
Attorneys consider the severity of the injury, clarity of liability, available insurance coverage, and the strength of the supporting evidence. Medical records, expert opinions, employment documentation, and personal statements about how injuries affect daily life all contribute to case valuation.
Pedestrian Accidents in New York City: Local Risks and Statistics
New York City presents unique dangers for pedestrians. The combination of heavy vehicle traffic, millions of daily pedestrians, and complex intersections creates conditions where accidents occur regularly despite safety initiatives.
Dangerous Intersections and High-Risk Areas
Certain areas of New York City see disproportionate numbers of pedestrian accidents. The area around Times Square and 42nd Street in Manhattan experiences heavy pedestrian and vehicle traffic at all hours. Tourists who are unfamiliar with NYC traffic patterns mix with commuters and delivery vehicles, creating unpredictable situations. Atlantic Avenue in Brooklyn carries significant commercial traffic through pedestrian-heavy neighborhoods. Queens Boulevard, historically known as the "Boulevard of Death," has seen improvements but remains a concern for pedestrians.
NYC Traffic Patterns That Affect Pedestrian Safety
The city's density creates unique challenges for pedestrians. Delivery vehicles double-park on narrow streets, forcing pedestrians into traffic lanes. Rideshare pickups and drop-offs occur constantly, with drivers focused on apps rather than their surroundings. Rush hour foot traffic at Penn Station, Grand Central, and major subway exits puts thousands of pedestrians near moving vehicles simultaneously.
New York's Statute of Limitations for Pedestrian Claims
New York law sets strict deadlines for filing pedestrian accident lawsuits. Under CPLR § 214, injured pedestrians generally have three years from the accident date to file a personal injury lawsuit. Claims against the City of New York or municipal entities generally require a Notice of Claim within 90 days and a lawsuit within one year and 90 days under Gen. Mun. Law §§ 50-e, 50-i. Some public authorities, such as the MTA or NYCTA, have separate notice and filing rules, so deadlines may vary slightly.
Common Causes of Pedestrian Accidents in NYC
Pedestrian accidents occur in predictable patterns throughout New York City. Understanding these patterns helps establish liability and build stronger claims against negligent drivers.
The following scenarios represent common circumstances in New York City pedestrian accident cases:
- Left-turning vehicles striking pedestrians in crosswalks, particularly at busy Manhattan intersections where drivers focus on oncoming traffic rather than pedestrians
- Speeding vehicles in school zones or residential areas of Brooklyn, Queens, and the Bronx
- Distracted drivers checking phones or GPS devices while pedestrians cross legally
- Delivery trucks and commercial vehicles making frequent stops in congested areas like Midtown or the Financial District
- Rideshare vehicles pulling over suddenly or making illegal U-turns to pick up passengers
Each situation involves specific evidence that attorneys gather to establish negligence and pursue compensation effectively.
Click here to understand New York crosswalk laws
Types of Injuries in NYC Pedestrian Accidents
Pedestrian accidents cause a wide range of injuries, from relatively minor to catastrophic. The type and severity of injury significantly affect claim value and the complexity of the legal case. Because pedestrians have no protection against vehicle impacts, injuries tend to be more severe than those in vehicle-to-vehicle collisions.
Traumatic Brain Injuries
When a pedestrian's head strikes a vehicle, the pavement, or both, traumatic brain injury may result. These injuries range from concussions to severe damage that requires surgery and long-term rehabilitation. Symptoms may not appear immediately, making prompt medical evaluation essential. Courts recognize that brain injuries may cause cognitive, emotional, and physical changes that affect every aspect of life.
Spinal Cord Injuries and Paralysis
The force of a vehicle impact may fracture vertebrae or damage the spinal cord directly. Spinal cord injuries potentially cause partial or complete paralysis, requiring lifetime medical care, assistive devices, and home modifications. These cases involve substantial compensation claims because future care costs can reach into the millions of dollars.
Orthopedic Injuries
Broken bones occur frequently in pedestrian accidents. Lower extremity fractures are particularly common as vehicles strike pedestrians at bumper height. Compound fractures, crush injuries, and injuries requiring multiple surgeries may result in permanent limitations even after healing. Fractures automatically satisfy New York's serious injury threshold, but other orthopedic injuries, such as ligament or tendon tears, must still demonstrate significant or permanent functional limitation under N.Y. Ins. Law § 5102(d).
How New York's No-Fault Insurance Applies to Pedestrians
New York operates under a no-fault insurance system that applies to pedestrians in specific ways. Under N.Y. Ins. Law § 5103(a)(1), pedestrians injured by motor vehicles are entitled to Personal Injury Protection (PIP) benefits from the vehicle's insurer, regardless of fault.
No-Fault Benefits for Injured Pedestrians
Basic no-fault benefits provide up to $50,000 per person in combined medical expenses, lost earnings, and certain other necessary costs. They include 80% of lost earnings, capped at $2,000 per month, plus up to $25 per day for incidental expenses under N.Y. Ins. Law § 5102(a). Optional Additional PIP (APIP) or OBEL coverage may increase these limits. However, no-fault benefits do not compensate for pain and suffering.
The Serious Injury Threshold
To seek payment for non-economic damages (like pain and suffering), your injury must meet New York's definition of "serious." This means your injury must fall into one of nine categories listed in the law, such as:
- Death
- Loss of a limb (dismemberment)
- Severe scarring (significant disfigurement)
- A broken bone (fracture)
- Loss of a fetus
- Permanent loss of use of a body part or function
- Permanent, major limitation of use of a body part or function
- Significant limitation of use of a body part or function
- An injury that prevents you from doing your usual daily activities for at least 90 of the first 180 days after the accident.
Given how severe pedestrian accidents can be, many resulting injuries do meet this standard.
Fighting Insurance Companies After a Pedestrian Accident
Insurance companies approach pedestrian accident claims with the goal of minimizing payouts. Even when liability appears clear, insurers employ various tactics to reduce compensation offers. Understanding these tactics helps injured pedestrians protect their interests and recognize when they need legal support.
Common Insurance Company Tactics
Adjusters may contact injured pedestrians quickly, seeking recorded statements before the full extent of injuries is known. They may offer quick settlements that seem reasonable but fail to account for future medical needs or long-term disability. Insurers may dispute injury severity, question treatment necessity, or argue that pre-existing conditions caused the problems.
How Legal Representation Changes the Dynamic
When attorneys represent injured pedestrians, the insurance company dynamic shifts. Insurers know that attorneys understand claim values, recognize lowball offers, and prepare cases for trial when necessary. This knowledge may produce more reasonable settlement offers. Attorneys gather evidence, retain medical experts, and document damages thoroughly, all of which strengthen your claim during negotiations.
What to Do After a Pedestrian Accident in NYC
The steps you take after a pedestrian accident affect both your health and your legal claim. While medical attention comes first, certain actions help preserve evidence and protect your rights throughout the claims process.
Seek Complete Medical Evaluation
Some pedestrian accident injuries, particularly head trauma and internal bleeding, may not produce immediate symptoms. A thorough medical evaluation documents your condition and identifies injuries that require treatment. Follow all medical advice and attend all scheduled appointments, as gaps in treatment may be used to question the severity of your injury later.
Document Everything Related to Your Accident
Keep copies of all medical records, bills, and correspondence with insurance companies. Photograph visible injuries as they heal. Maintain a journal noting pain levels, limitations on daily activities, and how injuries affect your work and personal life. Obtain a copy of the police report, which contains important information about the accident circumstances.
Gather Evidence When Possible
If you or family members took photographs at the accident scene, preserve them carefully. Write down everything you remember about the accident while the details remain fresh. Collect contact information from any witnesses who saw what happened. Bring all this information to your initial consultation with an attorney.
FAQ for NYC Pedestrian Accident Claims
Does It Matter If I Was Not in a Crosswalk When I Was Hit?
Pedestrians outside crosswalks may still recover compensation, though comparative fault rules apply. New York applies a pure comparative negligence rule under CPLR § 1411, meaning a pedestrian's compensation is reduced by their percentage of fault but never entirely barred. A pedestrian found 20 percent at fault still recovers 80 percent of damages.
What If the Driver Left the Scene?
Hit-and-run pedestrian accidents present challenges but not insurmountable ones. Uninsured motorist coverage, available through the pedestrian's own auto policy or household policies, may provide compensation. The Motor Vehicle Accident Indemnification Corporation (MVAIC) provides coverage for eligible claimants when no insurance applies.
What If a City Bus or Government Vehicle Hit Me?
Claims against the City of New York or municipal entities follow special procedures with strict deadlines. The 90-day Notice of Claim requirement applies under Gen. Mun. Law § 50-e, and failure to meet this deadline often bars the claim entirely. Some public authorities have separate notice rules, so deadlines may vary.
What Happens If My Injuries Prevent Me From Working Permanently?
Permanent disability claims require evidence of future lost earning capacity and ongoing care needs. Vocational experts and life care planners may provide testimony about lifetime economic losses. These cases involve substantial compensation potential but require thorough documentation and expert support to establish the full scope of damages.
How Do Rideshare Accidents Differ From Regular Vehicle Accidents?
Rideshare pedestrian accidents involve additional insurance layers. Companies like Uber and Lyft maintain vehicle liability insurance as required under N.Y. Veh. & Traf. Law § 1693, which provides coverage when drivers are logged into the app or transporting passengers. Determining which policy applies requires analysis of the driver's app status at the moment of impact.
Take the First Step Toward Recovery
A pedestrian accident changes everything in an instant. Medical bills arrive, paychecks stop, and questions multiply faster than answers appear. You may wonder whether your situation warrants legal help or whether attorneys handle cases like yours.
At Hach & Rose, LLP, we offer free consultations to injured pedestrians throughout New York City. During this conversation, we listen to what happened, answer your questions, and explain your options clearly. There is no pressure and no obligation. We work on a contingency fee basis, meaning you pay nothing unless we recover compensation on your behalf.
Contact our office at (212) 779-0057 to speak with a member of our team. We are here to help you understand your rights and take the next step forward.