Do I have a case if I was hit by a car while not in a crosswalk?

Yes. While being in a crosswalk provides strong legal protection, New York drivers have a 'duty of care' to avoid collisions with pedestrians at all times. An NYC pedestrian accident lawyer can help prove the driver was negligent even if you were 'jaywalking' or outside a marked lane.

How does 'No-Fault' insurance work for pedestrians in New York?

In NYC, the insurance company for the vehicle that hit you is responsible for paying your 'No-Fault' benefits. This typically covers up to $50,000 in medical bills and a portion of lost wages, regardless of who was at fault for the accident.

Can I sue for pain and suffering after being hit by a car in NYC?

To sue for pain and suffering in New York, your injuries must meet the 'Serious Injury Threshold' as defined by state law. This includes permanent loss of use of a body organ or member, significant limitation of a body function, or a bone fracture.

What should I do immediately after being hit by a car as a pedestrian?

First, seek medical attention and ensure a police report is filed. Then, document the scene with photos of the vehicle and crosswalk signals. Finally, consult an NYC pedestrian accident lawyer before speaking to insurance adjusters to avoid damaging your claim.

How long do I have to file a lawsuit for a pedestrian knockdown in New York?

Generally, the statute of limitations for personal injury in New York is three years from the date of the accident. However, if you are filing a claim against a government entity (like a city bus), you may have as little as 90 days to file a Notice of Claim.

Why You Need an NYC Pedestrian Accident Lawyer After a Crosswalk Knockdown

BLITZ LAW GROUP
3 days ago
3 min read

New York City is a walker’s paradise, but with millions of people sharing the streets with taxis, delivery trucks, and rideshare vehicles, the risks are staggering. Every year, thousands of New Yorkers suffer life-altering injuries due to vehicle collisions. If you’ve been struck, understanding your rights is the first step toward recovery—and knowing when to consult an NYC pedestrian accident lawyer can make all the difference in your financial future.

A woman in a yellow dress crosses a city street. Cars and a yellow taxi wait at a busy intersection. Buildings and an American flag in the background.

Understanding the "Right of Way" in New York

The most common question we hear is: "Do I have a case if I wasn't in a crosswalk?" While being in a marked crosswalk with the "Walk" signal provides you with the clearest legal protection, New York's "Duty of Care" laws require drivers to remain vigilant at all times to avoid hitting pedestrians.

Under New York Vehicle and Traffic Law, drivers must yield to pedestrians in most intersection scenarios. However, insurance companies often try to shift the blame onto the victim to reduce their payout. This is where an experienced personal injury team becomes essential to protecting your side of the story.

The Role of an NYC Pedestrian Accident Lawyer in "No-Fault" Claims

New York is a "No-Fault" insurance state. This means that regardless of who caused the accident, the insurance company of the vehicle that hit you is generally responsible for paying your initial medical bills and a portion of your lost wages (up to $50,000).

However, $50,000 rarely covers the true cost of a serious knockdown. To recover "pain and suffering" damages or compensation for permanent disability, you must meet the "Serious Injury Threshold." An NYC pedestrian accident lawyer specializes in proving the severity of your injuries through:

Forensic Evidence: Utilizing traffic camera footage and "black box" data from the vehicle.
Medical Expert Testimony: Linking your long-term physical limitations directly to the accident.
Witness Canvassing: Finding the bystanders who saw the driver fail to yield.

Common Injuries in Pedestrian Knockdowns

Because a pedestrian has zero protection compared to a multi-ton vehicle, the injuries are often catastrophic. At Blitz Law Group, we have secured significant settlements for victims suffering from:

Traumatic Brain Injuries (TBI): Even low-speed impacts can cause the head to strike the pavement.
Spinal Cord Trauma: Leading to chronic pain or permanent paralysis.
Complex Fractures: Often requiring multiple surgeries and months of physical therapy.

Moving Forward: Documentation is Key

If you are hit by a car, your priority is medical attention. Once you are stable, ensure you:

Obtain the Police Report: This is the foundational document for your claim.
Take Photos: Capture the vehicle’s position, the crosswalk signals, and your injuries.
Avoid Speaking to Adjusters: Insurance adjusters may record your conversation to use against you later.

Blitz Law Group: Aggressive Representation for NYC Pedestrians

At Blitz Law Group, we understand that a pedestrian knockdown isn't just a legal case—it’s a life-disrupting event. Whether you were injured by a distracted driver in Manhattan or a speeding delivery van in Brooklyn, we provide the aggressive advocacy needed to hold negligent parties accountable.

Our firm has a proven track record of standing up to major insurance carriers to ensure our clients receive the maximum compensation allowed under the law. We handle the paperwork and the litigation so you can focus on your healing.

If you or a loved one has been injured, contact an NYC pedestrian accident lawyer at Blitz Law Group today at (212) 871-1300 or visit our Contact Page for a free consultation. Don’t settle for less—blitz for more. ⚖️🚶‍♂️💪