New York Pedestrian Fatalities Are Among the Highest in the Nation. You Deserve a Fighter
Your Rights After a Pedestrian Accident in New York
New York City has one of the highest pedestrian fatality rates of any major American city. State law gives pedestrians the right of way in marked crosswalks and at intersections. When a driver fails to yield, runs a red light, or is distracted by a phone, they are liable for the resulting injuries. Unlike car-to-car crashes, pedestrians are not covered by no-fault PIP under their own policy, but they may claim no-fault benefits from the vehicle that struck them under Insurance Law §5103. From there, pedestrian injuries almost always clear the serious injury threshold under Insurance Law §5102(d), making a full third-party claim available. The three-year statute of limitations under CPLR 214 applies. City or MTA vehicle involvement triggers the 90-day Notice of Claim requirement under General Municipal Law §50-e.
What you need to know
Plain-English answers to the questions that come up most often on these cases.
Pedestrian Right of Way
New York Vehicle & Traffic Law requires drivers to yield to pedestrians in crosswalks and at intersections. Failure to yield is a moving violation and strong evidence of negligence. We pull traffic camera footage and police reports to document the violation.
Read moreNo-Fault Benefits From the Striking Vehicle
Pedestrians can claim no-fault PIP benefits from the insurer of the vehicle that struck them under Insurance Law §5103. File the application within 30 days. No-fault covers medical treatment and lost wage replacement up to the policy limits.
Read moreSerious Injury Threshold
Pedestrian versus vehicle collisions routinely produce fractures, spinal cord injuries, traumatic brain injuries, and internal injuries. These almost always meet the serious injury threshold under Insurance Law §5102(d), making a full pain-and-suffering claim available.
Read moreRoad Defects and Municipal Liability
Potholes, broken curb cuts, malfunctioning crosswalk signals, and poor lighting can make the city liable for pedestrian accidents. A Notice of Claim under General Municipal Law §50-e must be filed within 90 days of the accident to preserve your claim.
Read moreDeadlines
Three years under CPLR 214 for private vehicle accidents. Ninety days for a Notice of Claim against NYC or other government entities under General Municipal Law §50-e. One year and 90 days to then file suit against the municipality.
Read moreHit and Run Accidents
If the driver fled, you may still recover through your own uninsured motorist coverage, or through the Motor Vehicle Accident Indemnification Corporation (MVAIC) if you have no insurance. We know both routes and file both claims simultaneously.
Read moreHow we handle these cases
Step 1
Retrieve traffic camera footage, intersection video, and police reports immediately before evidence is overwritten.
Step 2
File the no-fault application with the striking vehicle’s insurer within the 30-day window.
Step 3
File a Notice of Claim within 90 days if road defects or government vehicles are involved.
Step 4
Document injuries thoroughly through emergency records, follow-up care, and specialist evaluations.
Step 5
Pursue MVAIC claims for hit-and-run accidents so no recovery is left on the table.
Real cases. Real results.
Three recent Personal Injury outcomes — case context and result. No client identifying information.
No-fault benefits flowing from the striking vehicle’s insurer while the third-party lawsuit develops.
Notice of Claim filed timely to preserve municipal liability claims.
Maximum recovery for severe injuries including long-term rehabilitation and lost earning capacity.
Prior results do not guarantee a similar outcome. Each case is evaluated on its own facts. The case outcomes shown are representative examples; details have been altered or generalized to protect client confidentiality.
Related questions
Quick answers from our FAQ library.
Other ways we help
Same firm, same approach — different practice areas under one roof.
Workers’ Compensation
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Can’t work due to a disability. SSDI & SSI claims, denials, appeals.
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The attorneys who work your case
Not a call centre. The lawyer who signs you is the lawyer who shows up.
Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C.
Call 866-205-2415 Schedule with Brian- Admitted in New York
- 30+ years in practice
- Attends Board hearings personally
Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.
- Admitted in New York and New Jersey
- Pace University School of Law, J.D.
- Litigates before the Workers' Compensation Board
Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.
- Admitted in New York, 2008
- New York Law School, J.D. 2007
- With The Disability Guys since 2013
Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.
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