Pedestrian Accidents

Pedestrian Accident Lawyers – New York

Walking across a street, using a crosswalk, or simply moving along a sidewalk should be safe. When a driver’s negligence shatters that basic expectation, the consequences are devastating. Pedestrian accidents are among the most violent and catastrophic events on our roads, as the human body is completely unprotected against the force of a moving vehicle. In an instant, a life can be permanently altered by severe injury or tragic loss.

At Choudhry & Franzoni Law Group we are committed advocates for pedestrians and their families. We possess a deep understanding of the unique dangers pedestrians face, the specific New York laws that protect them, and the complex legal battle required to secure full and fair compensation from insurance companies that will fight to minimize your suffering.

If You’ve Been Hurt In A Pedestrian Accident Let Us Take It From Here. Call us now at 516-888-1234 or fill out our quick online form for a free consultation. We have the experience, the resources, and the determination to fight for the maximum compensation you deserve.

New York Law Protecting Pedestrians

New York law recognizes the inherent vulnerability of pedestrians and imposes a high duty of care on drivers.

New York Vehicle and Traffic Law Section 1146, The Duty to Exercise Due Care: This statute is paramount. It requires every driver to exercise “due care” to avoid colliding with any pedestrian upon any roadway. This law mandates that drivers be constantly vigilant and take proactive steps to protect people walking, effectively making the pedestrian’s right of way a powerful legal presumption in many cases.

Right of Way Laws at Crosswalks and Intersections: Drivers must yield the right of way to pedestrians legally within crosswalks, whether marked or unmarked, at intersections. A driver who fails to stop or yield is almost always negligent. Furthermore, pedestrians have the right of way when walking with a green light or a “walk” signal, and drivers turning left or right must yield to them.

New York’s Comparative Negligence Rules: While pedestrians generally have strong rights, the defense will often allege the pedestrian was jaywalking, distracted by a phone, or otherwise contributed to the accident. New York follows a pure comparative negligence standard. This means that even if you are found partially at fault, you can still recover compensation, though your award will be reduced by your assigned percentage of responsibility. We aggressively challenge these allegations, using witness testimony, traffic camera footage, and expert analysis to prove the driver’s primary fault.

The Serious Injury Threshold: To recover compensation for pain and suffering beyond basic economic losses, your injuries must meet the legal definition of “serious injury” under New York Insurance Law. This includes fractures, significant disfigurement, permanent loss of a body function, or an injury that prevents normal daily activities for 90 of the 180 days following the crash. Our legal team meticulously documents your medical treatment and long-term prognosis to surpass this critical legal hurdle.

Common Pedestrian Accidents

Each type of pedestrian collision involves distinct patterns of driver negligence that we are skilled in investigating and proving.

The Crosswalk Accident: This occurs when a driver fails to yield to a pedestrian who is legally within a marked or unmarked crosswalk. The driver may have been speeding, distracted, or illegally turning. We immediately seek footage from nearby traffic cameras or business security systems to capture the violation.

The Left Turn or Right Turn Accident: A very common scenario where a driver, focused on oncoming vehicle traffic while making a turn, fails to see a pedestrian in the crosswalk who has the right of way. This is a pure failure of the driver’s duty to yield and check their path.

The Backover Accident: Often occurring in parking lots, driveways, or when a truck is making a delivery, a driver reverses without checking behind the vehicle, striking a pedestrian, often a child or elderly person. These accidents frequently involve large blind spots and driver inattention.

The Distracted Driving Accident: A driver focused on a cell phone, GPS, or other distraction fails to see a pedestrian crossing the street, even in plain view. We will subpoena the driver’s cell phone records to prove they were using their device at the time of impact.

The Drunk or Drugged Driving Accident: A driver impaired by alcohol or drugs has slowed reaction times and impaired judgment, making them a lethal threat to pedestrians. This constitutes gross negligence and can support a claim for punitive damages.

The Hit and Run Accident: A driver strikes a pedestrian and flees the scene to avoid responsibility. This is a criminal act. We work with police to investigate and identify the driver through partial plates, vehicle part analysis, and surveillance. If the driver cannot be found, we pursue compensation through the victim’s own uninsured motorist insurance coverage.

The Bus or Commercial Vehicle Accident: Pedestrians struck by buses or large trucks often suffer the most severe injuries. These cases involve complex liability, as we must investigate the company’s hiring practices, driver training, maintenance records, and compliance with federal safety regulations.

Pedestrian Accident Injuries

The physics of a pedestrian collision are brutal. The impact often throws the victim onto the hard pavement or into another object, leading to a devastating combination of injuries.

Traumatic Brain and Head Injuries: The head is frequently the first point of impact, whether striking the vehicle’s hood, the windshield, or the ground. This can cause severe concussions, skull fractures, and traumatic brain injuries that result in long-term cognitive deficits, memory problems, and permanent neurological disability, fundamentally changing a person’s personality and ability to function independently.

Spinal Cord Injuries and Paralysis: The violent whipping motion or direct impact to the back can fracture vertebrae or sever the spinal cord. Injuries to the cervical or thoracic spine can lead to partial or complete paralysis, confining victims to a wheelchair and requiring a lifetime of around-the-clock medical care, home modifications, and assistive technology.

Complex Fractures and Crush Injuries: The force of a car bumper striking legs often causes catastrophic fractures to the pelvis, femurs, tibias, and feet. These are not simple breaks; they are often compound, comminuted fractures that require multiple surgeries, internal fixation with rods and plates, and carry a high risk of complications like non-union, chronic pain, and post-traumatic arthritis, potentially leading to permanent mobility limitations.

Severe Internal Organ Damage: The blunt force trauma from the impact can cause life-threatening internal injuries. Lacerations to the liver, spleen, or kidneys, punctured lungs, and internal bleeding are medical emergencies that require immediate surgery and can leave lasting organ dysfunction and vulnerability.

Disfiguring Lacerations and Scarring: The collision with the vehicle and the ground can cause deep, severe lacerations that damage underlying tissue, muscles, and nerves. The resulting scars are not merely cosmetic; they can be physically restrictive and a constant source of psychological distress, impacting self-esteem and quality of life.

Fighting For Your Rights

Insurance adjusters will quickly work to shift blame onto the pedestrian. They will allege you “darted out” into traffic, were in a dark area without reflective clothing, or were not in a crosswalk. They will downplay the severity of your injuries, arguing they are pre-existing or not serious.

Our role is to be your unwavering advocate. We prevent you from giving any statement that could be misconstrued. We conduct an immediate, independent investigation to gather all evidence before it is lost. We retain a powerful network of experts including accident reconstructionist, medical specialists, biomechanical engineers, and economists to build an authoritative case that definitively establishes the driver’s liability and the true, lifelong cost of your injuries. We prepare every case with the assumption it will go to trial, a reputation that forces insurance companies to negotiate in good faith.

Pedestrian Accidents Frequently Asked Questions

What should I do immediately after being hit by a car while walking?

Your priority is safety and preservation of evidence. Call 911 for police and an ambulance. If you are able, move to a safe location. Do not discuss fault with the driver. Use your phone to photograph the scene, the vehicle, your injuries, license plates, and any relevant traffic signals or crosswalks. Get contact information from any witnesses. Accept medical attention at the scene and go to the emergency room, as internal injuries may not be immediately apparent. Do not speak to any insurance adjuster. Contact our law firm as soon as possible.

How long do I have to file a lawsuit after a pedestrian accident in New York?

The statute of limitations for a personal injury lawsuit in New York is generally three years from the date of the accident. However, critical exceptions exist. If the accident involved a city or state vehicle, or a dangerous condition on public property like a broken sidewalk, you may have to file a formal Notice of Claim against the government entity within just 90 days. Missing these deadlines can forever bar your claim, making it imperative to consult an attorney immediately.

What if I was not in a crosswalk when I was hit?

While being in a crosswalk strengthens your case, you do not forfeit your rights by being outside of one. Drivers still have a duty to exercise “due care” to avoid hitting any pedestrian on the roadway. The analysis will turn on comparative negligence. We will fight to prove the driver had ample opportunity to see you and avoid the collision, thereby minimizing any reduction in your compensation for allegedly being out of the crosswalk.

The driver who hit me drove away. What can I do?

You are the victim of a hit and run crime. Report it to the police immediately. From a legal standpoint, we will investigate to identify the driver through all available means. If the driver is not found, you may file a claim under your own automobile insurance policy’s uninsured motorist coverage, or that of a household member. If you do not have access to such a policy, you may seek compensation from the New York Motor Vehicle Accident Indemnification Corporation, a state fund for such victims. We guide clients through this complex process.

How is the value of my pedestrian accident case determined?

The value is based on the totality of your damages, which is a comprehensive calculation. It includes all past and future medical expenses, lost wages and lost future earning capacity, the cost of long-term care or home health aids, and compensation for your physical pain, emotional suffering, and loss of enjoyment of life. Catastrophic injuries like brain trauma or paralysis result in exponentially higher valuations due to the need for lifelong, intensive medical and personal support. We work with life care planners and economists to project these future costs accurately and ensure our demand reflects the true, lifelong impact on you and your family.

Legal Process for Pedestrian Accident Victims

From your first consultation, we implement a detailed, client-focused strategy.

Phase One: Immediate Crisis Management and Evidence Preservation. We act with urgency to secure all traffic and surveillance camera footage, identify and interview witnesses, obtain the driver’s cell phone and vehicle data, and thoroughly document the accident scene.

Phase Two: Building an Unassailable Case. We collaborate with medical experts to chart your long-term prognosis and need for future care. We work with accident reconstruction specialists to create a clear, visual narrative of the driver’s negligence. We consult vocational experts to assess lost earning potential and economists to quantify all future financial losses.

Phase Three: Aggressive Negotiation and Litigation. We present the liable parties with a comprehensive demand package backed by irrefutable evidence. We negotiate from a position of absolute strength, with full readiness to try your case before a jury. Our proven record in the courtroom is what compels serious settlement offers.

Phase Four: Client-Centered Support Through Recovery. We manage all legal and insurance complexities, provide clear and consistent communication, and advocate for you with healthcare providers and creditors. Our goal is to allow you to focus entirely on your physical and emotional healing.

Take the First Step Toward Recovery and Justice

If you or a loved one has been seriously injured in a pedestrian accident, the path ahead is difficult. You do not have to walk it alone. The insurance company has already begun building its defense. You deserve a dedicated legal team building a case for you.

We offer a free, no obligation consultation to discuss the specific details of your accident. We will explain your rights under New York law in clear terms and outline a strategic path forward. We work on a contingency fee basis, meaning you pay no legal fees unless we recover money for you. Call us now at 516-888-1234 or fill out our quick online form for a free consultation.