New York City Pedestrian Accident Lawyer

Walking through New York City is a vibrant and rewarding experience. From the busy sidewalks of Times Square to the serene pathways of Central Park, pedestrians flock to neighborhoods across the city to work, shop, and explore. However, navigating these busy streets comes with risks.

Pedestrian accidents are a serious issue in New York City, and if you or a loved one has been injured, it’s crucial to have the right legal team on your side. At the Rothenberg Law Firm, LLP, we are dedicated to helping victims recover the compensation they need to rebuild and move forward.

New York City Pedestrian Accident Guide

Why Choose the Rothenberg Law Firm for Your New York City Pedestrian Accident Claim?

At the Rothenberg Law Firm, we have an unwavering commitment to treating every client as if we were advocating for someone in our own family. With over five decades of experience and billions of dollars secured for injury victims, we have built one of the most trusted legal teams in New York City for pedestrian accident victims.

• Compassionate Guidance Beyond the Courtroom: We understand that the aftermath of a pedestrian accident is often overwhelming, not just physically but emotionally and financially as well. That’s why we prioritize more than just legal representation. Our firm connects clients with medical providers, counselors, and other professionals to help put the pieces back together. We’re not just here to fight your court battles—we’re here to guide you every step of the way.
• Proven Track Record of Results: Success in personal injury law isn’t just about lawsuits; it’s about changing lives. Our team works tirelessly to maximize compensation for every case we take on. We analyze every detail, build compelling cases, and are always fully prepared to go to trial to secure a fair outcome for our clients.
• Experienced Trial Lawyers Who Go the Distance: Unlike some law firms that might push for quick and easy settlements, we are zealous advocates who are not afraid to see cases through to trial if necessary. When the stakes are high, and the opposition is fierce, you can count on us to persevere and fight aggressively for justice.

Contact our NYC pedestrian accident lawyer today for a free consultation and to discover why thousands of New Yorkers have trusted The Rothenberg Law Firm to handle their most important cases.

New York City Pedestrian Right-of-Way and Crossing Rules

Pedestrian right-of-way rules depend on where the pedestrian was crossing, the applicable traffic or pedestrian signal, and the movement of the vehicle.

A pedestrian does not always have the right of way. At the same time, a driver does not become free to disregard a pedestrian merely because the pedestrian crossed outside a crosswalk or against a signal.

Important New York and New York City rules include:

• Drivers must exercise due care to avoid colliding with pedestrians. This duty may require slowing down, stopping, sounding the horn when appropriate, and responding reasonably to a pedestrian who is already in or approaching the roadway.
• Pedestrians facing a WALK signal may proceed in the direction of the signal and generally have the right of way over conflicting traffic.
• Drivers turning through an intersection must watch for pedestrians and yield when the pedestrian has the right of way.
• When traffic and pedestrian-control signals are absent or not operating, New York City rules require vehicle and bicycle operators to stop and remain stopped for a pedestrian crossing within a marked or unmarked crosswalk.
• A driver may not pass a vehicle that has stopped at a crosswalk to allow a pedestrian to cross.
• A pedestrian should not suddenly enter the path of a vehicle that is so close that the driver cannot reasonably yield.

Under current New York City traffic rules, a pedestrian may cross outside a marked or unmarked crosswalk or proceed against a steady upraised-hand signal. However, the pedestrian does not have the right of way in those circumstances and must yield to traffic that does.

Failure to yield in those circumstances is not itself a violation of the current city traffic rules, but the pedestrian must still exercise due care. The pedestrian’s conduct may also be considered when responsibility for a civil injury claim is determined.

Whether a pedestrian received or could have received a traffic citation is separate from whether the pedestrian acted reasonably. The pedestrian’s location, visibility, speed, direction of travel, opportunity to observe traffic, and compliance with right-of-way requirements may all be relevant.

Crossing outside a crosswalk or against a signal does not automatically prevent an injured pedestrian from bringing a claim.

Common Causes of Pedestrian Accidents in New York City

Pedestrian accidents can result from the conduct of a driver, a dangerous roadway or construction condition, a defective vehicle, or a combination of factors. Identifying every contributing cause is important because more than one person, company, contractor, property owner, or government entity may share responsibility.

Common causes of New York City pedestrian accidents include:

• Distracted driving: Texting, handling a phone, using a navigation or delivery app, eating, speaking with passengers, or focusing on something outside the vehicle can prevent a driver from seeing a pedestrian.
• Failure to yield while turning: A driver making a left or right turn may concentrate on approaching traffic and overlook a pedestrian entering or already occupying the crosswalk.
• Speeding or driving too fast for conditions: Excessive speed reduces the time available to recognize a pedestrian and increases the distance needed to stop. A driver may also be traveling too fast for traffic, weather, lighting, or roadway conditions even when driving below the posted limit.
• Running a red light or stop sign: A driver who disregards a traffic signal or proceeds without carefully checking an intersection can strike a pedestrian who has begun crossing.
• Unsafe backing: Drivers leaving parking spaces, garages, loading areas, alleys, or driveways may hit pedestrians when they fail to check mirrors, cameras, and blind spots.
• Failure to signal: Pedestrians may rely on a vehicle’s position and turn signal when deciding whether it is safe to cross. An unexpected turn can place the pedestrian directly in the vehicle’s path.
• Impaired or fatigued driving: Alcohol, drugs, certain medications, and fatigue can interfere with a driver’s judgment, vision, coordination, awareness, and reaction time.
• Commercial-vehicle blind spots: Trucks, buses, delivery vans, and other large vehicles have substantial areas around them that may be difficult for a driver to see. Wide turns can also endanger pedestrians near an intersection or curb.
• Unsafe curbside activity: Taxis, rideshare vehicles, delivery drivers, and other motorists may stop abruptly, pull into traffic, block a crosswalk, or cross a pedestrian’s path near the curb.
• Poor visibility and weather: Darkness, glare, rain, snow, fog, obstructed sightlines, and poorly maintained vehicle lights can make pedestrians more difficult to detect. Drivers must adjust their conduct to the conditions.
• Dangerous roadway or construction conditions: Broken signals, obstructed signs, poorly designed work zones, inadequate lighting, debris, and construction that directs pedestrians into traffic may contribute to a collision.
• Defective or poorly maintained vehicles: Problems involving brakes, steering, tires, cameras, lights, or other components may cause a collision or prevent a driver from avoiding one.

A driver does not necessarily have to make physical contact with a pedestrian for a claim to be possible. For example, a pedestrian may be injured while taking evasive action after a vehicle enters a crosswalk or travels directly toward them.

An investigation may include police and 911 records, witness statements, traffic-camera footage, business-surveillance recordings, vehicle damage, electronic vehicle data, phone records, rideshare or delivery-app information, signal-timing records, roadway documents, and accident-reconstruction analysis.

Common Pedestrian Accident Injuries

Pedestrians do not have the passenger compartment, seat belts, airbags, or other protections available to occupants of enclosed vehicles. A pedestrian may be injured during the initial impact, after being thrown onto the roadway, or when struck by another vehicle or object.

Common pedestrian-accident injuries include:

• Traumatic brain injuries: A pedestrian may sustain a concussion, brain bleeding, brain swelling, or another traumatic brain injury after striking the vehicle, pavement, or another object.
• Spinal cord injuries: Damage to the spinal cord may cause weakness, loss of sensation, impaired mobility, or partial or complete paralysis.
• Neck and back injuries: A collision can injure muscles, ligaments, discs, vertebrae, joints, and nerves in the cervical, thoracic, or lumbar spine.
• Broken bones and dislocations: Pedestrian crashes frequently cause injuries involving the legs, knees, hips, pelvis, arms, wrists, shoulders, ribs, ankles, feet, and facial bones.
• Internal injuries: Trauma to the chest, abdomen, or pelvis may damage organs or blood vessels and cause internal bleeding.
• Crush injuries: A pedestrian may become trapped beneath a vehicle, pinned between vehicles, or pushed against a fixed object.
• Cuts, abrasions, and scarring: Broken glass, vehicle components, and contact with the roadway can cause deep wounds, infection, nerve damage, or permanent scarring.
• Soft-tissue injuries: Sprains, strains, and injuries to muscles, tendons, and ligaments may cause substantial pain and restricted movement even when an initial X-ray does not show a fracture.
• Nerve injuries: Direct impact, fractures, lacerations, or crush trauma may damage nerves and cause pain, weakness, numbness, or loss of function.
• Amputations: Severe crush injuries, vascular damage, or other trauma may result in the loss of a limb at the scene or require surgical amputation.
• Emotional and psychological injuries: A serious collision may contribute to anxiety, depression, sleep problems, post-traumatic stress symptoms, or fear of walking near traffic.

Some injuries are immediately apparent. Others may become noticeable or worsen during the hours or days following the collision. A prompt medical evaluation can protect the injured person’s health and document the relationship between the accident and resulting symptoms.

What Compensation May Be Available After a New York City Pedestrian Accident?

Compensation after a pedestrian accident may come from No-Fault benefits, a liability claim against a responsible party, uninsured or underinsured motorist coverage, or a combination of available sources.

No-Fault benefits and a personal-injury claim serve different purposes. No-Fault pays qualifying economic losses without requiring proof that another person caused the collision. A liability claim may provide compensation for additional economic losses and non-economic harm.

Depending on the injuries, evidence, available coverage, and parties involved, recoverable losses may include:

• Past and future medical expenses
• Hospitalization and surgery
• Medication and medical equipment
• Physical, occupational, psychological, and other rehabilitation
• Lost wages
• Loss of employment benefits
• Reduced future earning capacity
• Nursing and attendant care
• Home-health assistance
• Assistive devices
• Home or vehicle modifications
• Transportation and other accident-related expenses
• Physical pain and suffering
• Emotional and psychological effects associated with the injuries
• Permanent disability
• Scarring or disfigurement
• Loss of mobility or independence
• Loss of enjoyment of life
• Damage to clothing, phones, glasses, watches, or other personal property
• Certain losses sustained by a spouse when New York law permits recovery

Recovery for pain, suffering, and similar non-economic losses may be subject to New York’s serious-injury threshold when Insurance Law Article 51 applies.

The same expense generally cannot be recovered twice. Payments made through No-Fault, health insurance, disability coverage, workers’ compensation, or another source may create offsets, reimbursement rights, or liens that must be considered when a case is resolved.

Fatal Pedestrian Accidents

When a pedestrian accident causes a death, a New York wrongful-death action is ordinarily brought by the estate’s duly appointed personal representative for the benefit of the deceased person’s distributees.

Potential wrongful-death damages may include:

• Qualifying medical expenses related to the fatal injury
• Funeral and burial expenses
• Lost financial support
• The value of household and other services the deceased person would have provided
• Loss of parental guidance when supported by the evidence
• Other pecuniary losses recognized under New York law

A separate survival claim may seek compensation for the deceased person’s conscious pain, fear, and suffering between the collision and death.

New York wrongful-death law generally focuses on pecuniary injuries. It does not ordinarily provide surviving relatives with a separate award solely for their grief or emotional suffering.

New York City Pedestrian Accident Claim FAQs

Here are answers to some commonly asked questions regarding pedestrian accident claims:

Contact the New York City Pedestrian Accident Lawyers at Rothenberg Law Firm Today

Dealing with a pedestrian accident claim can feel overwhelming, but you don’t have to face it alone. The experienced New York City personal injury attorneys at the Rothenberg Law Firm are committed to securing justice and compensation for our clients. Here’s how we can help:

• Thoroughly investigate your accident to determine liability.
• Negotiate aggressively with insurance companies for fair compensation.
• Prepare your case for trial to ensure you achieve the best possible outcome.
• Connect you with medical and financial professionals to support your recovery.

When you choose the Rothenberg Law Firm, you’re choosing a team that fights relentlessly for your rights and treats you with compassion and respect. Contact us today at (866) 771-4988 or through our online form to discuss your case and legal options during a free, no-obligation consultation.