Key Takeaways:
- Pedestrian accident victims in New York have important rights, including access to compensation, no-fault benefits, and the ability to recover damages even if partially at fault.
- Multiple legal options are available, such as insurance claims, personal injury lawsuits, wrongful death claims, and actions against public entities, and acting quickly is essential.
- Hiring an experienced attorney like Lambrou Law helps maximize compensation, navigate complex insurance and legal processes, and protect your rights from powerful insurance companies.
There are few things in life more terrifying than the moment an injury completely changes your life in one NY minute. You’re simply crossing the street, walking home from work, or stepping outside your building, and suddenly you’re facing overwhelming pain, mounting bills, and an uncertain future.
If this has happened to you, the compassionate team at Lambrou Law has served hundreds of clients and understands what you’re enduring. We’re here as your legal advocates, committed to helping you navigate this difficult time. This guide walks you through your rights and legal options under New York law because you deserve both clarity and justice when it matters most.
Your Rights as a Pedestrian Accident Victim
New York City had a 28% increase in pedestrian deaths due to vehicle collisions in 2024. New York law prioritizes pedestrian safety, giving them the right of way in crosswalks, intersections, and exiting parking lots. Every pedestrian in New York has the right to pursue justice when a driver’s negligence turns an ordinary walk into a life-altering event.
As a pedestrian accident victim in New York, you may have the following rights (depending on the specifics of your case):
- Right to Compensation: You can seek damages for medical bills, lost wages, physical pain, emotional suffering, and more;
- No-Fault Insurance Benefits: New York law allows you to access no-fault benefits (meaning you weren’t at fault for the accident) from the insurance of the vehicle that struck you, covering up to $50,000 in medical treatments and up to $2,000 per month for lost earnings; and
- Comparative Negligence: New York follows a “pure comparative negligence” rule, so if you’re partly at fault, you can still recover damages. These damages are reduced by your share of the fault.
Glossary of Terms
- Right of Way: The legal “green light” to go first. For pedestrians, this means drivers must let you cross in marked crosswalks, intersections, and driveways or parking lot exits.
- Damages: Money you can claim to help make up for what you’ve lost after an accident, such as medical bills, missed paychecks, and the pain you’ve been through.
- No-Fault Insurance: Insurance coverage that helps pay for medical treatment and some lost income after a crash, no matter who caused it.
- Comparative Negligence: A rule that says you can still get compensation even if you were partly at fault. Your payout is reduced by the percentage of your fault.
- Negligence: When someone does not take reasonable care and their actions or lack of action end up hurting someone else.
Legal Options Available
If your accident has caused you immense pain, there are several legal paths to help you recover what you deserve. Acting quickly is essential to protect your rights and preserve critical evidence.
- Insurance Claim: File with the at-fault driver’s insurer for economic losses;
- Personal Injury Lawsuit: If a settlement is insufficient, sue to prove the driver’s negligence and recover full compensation;
- Wrongful Death Lawsuit: Families of deceased victims can seek damages for funeral costs, lost support, and related losses; and
- Claims Against Public Entities: For accidents involving city vehicles or unsafe infrastructure, you must give notice within 90 days.
The Benefits of Hiring a Personal Injury Attorney for a Pedestrian Accident Lawsuit
The aftermath of a pedestrian accident can be overwhelming, filled with medical appointments, insurance forms, and legal deadlines (including the three-year deadline to file a lawsuit against the responsible party). Hiring an experienced personal injury attorney like Lambros Y. Lambrou to manage the legal and procedural complexities allows you to concentrate on your health and emotional well-being.
Beyond legal work, a dedicated lawyer provides guidance, connecting you with trusted medical professionals and helping you handle the logistical challenges that arise after a serious injury. This holistic approach ensures you can focus on healing while knowing that your case is in capable hands.
Navigating Insurance Claims
Dealing with insurance companies after a pedestrian accident can be one of the most frustrating and time-consuming parts of recovery. Adjusters often aim to protect the insurer’s bottom line, not your best interests. A skilled lawyer ensures your rights are respected and that every available insurance benefit is pursued by:
- Handling all communications with insurers to prevent lowball offers or wrongful claim denials;
- Reviewing all relevant policies to identify every possible source of coverage; and
- Accessing the Motor Vehicle Accident Indemnification Corporation when the at-fault driver is uninsured or unknown.
Maximizing Compensation
Insurance settlements can fall short of covering the full impact of an accident. They usually only consider short-term, temporary health issues like surgery recovery or rehabilitation after hospitalization. Long-term medical needs, such as disabilities or long-term recovery from severe trauma that extends beyond a year, may be harder to quantify. Attorneys have the knowledge and resources to calculate the true value of your claim and negotiate for every dollar you deserve. This ensures that you are not left paying for costs that should be covered by the responsible party.
Your lawyer can:
- Accurately assess the value of your claim, including future expenses and non-economic damages;
- Identify every potential source of compensation, from at-fault drivers to vehicle manufacturers; and
- Negotiate aggressively with insurers to secure fair settlements that reflect your losses.
Building Your Case
Winning a pedestrian accident case depends on presenting strong, credible evidence that clearly establishes fault and damages. Your attorney will conduct a thorough investigation, gather vital proof, and consult with experts who can reinforce your claim. This preparation is essential not only for settlement negotiations but also if the case proceeds to trial.
- Collect and preserve key evidence, including photos, surveillance footage, and witness statements;
- Work with expert witnesses such as accident reconstructionists and medical professionals to strengthen your case; and
- Manage all legal filings and ensure compliance with strict deadlines, including government-specific requirements.
Trial Representation
While many pedestrian accident cases are resolved through negotiation, there are times when a fair settlement simply isn’t possible. In those situations, having an attorney who is prepared and willing to go to trial can make all the difference.
Your lawyer will build a compelling case, utilize expert witnesses, present strong evidence, and advocate before a judge or jury with the goal of securing the maximum possible compensation. Even before trial, the readiness to take your case to court often signals to insurers that you are serious about fighting for your rights. This can result in better settlement offers.
Lambrou Law: Professional Representation Fights for Justice
New York’s legal system is complicated. Miss a filing deadline or fail to properly document your injuries, and you risk jeopardizing your case. Without legal support, you may unknowingly accept far less than you deserve.
Lambrou Law stands ready to guide every step of your journey: building a strong case, protecting your rights, and ensuring all deadlines and details are handled with care. Importantly, our services are offered on a contingency fee basis, meaning you pay nothing upfront and only pay if we secure compensation for you. In past cases, we’ve secured up to $2,750,000 for our clients injured in pedestrian accidents.
We understand this is a stressful chapter in your life. Let us carry the legal weight while you focus on healing. Contact Lambrou Law today for a free, confidential consultation. We’re here to help you find justice and the peace of mind you deserve.
