A walk to the corner store, the subway, or school shouldn't end with a trip to the ER, but for thousands of pedestrians each year, it does. A car comes out of nowhere, and your life changes in a flash.
If you’re recovering after being hit by a car, you probably weren’t prepared for the ripple effects—the pain, the hospital stays, the missed work, the financial hardship, and the stress of figuring out what comes next. One of the most pressing questions on your mind may be, “Can you sue someone for running you over?”
If so, you’re not alone in asking that. In one recent year, nearly 70,000 pedestrians in the United States were injured in collisions with motor vehicles, according to the National Highway Traffic Safety Administration (NHTSA). More than 7,300 others died, leaving behind shattered lives and grieving families.
If the driver who struck you or a loved one acted negligently or recklessly, you may be able to pursue compensation for all your injuries and losses. An experienced pedestrian accident lawyer can help you explore your legal options and determine the best path forward.
- You may have the right to file a personal injury claim if a driver’s negligence caused your injuries.
- Liability in pedestrian accidents depends on many factors, including right-of-way, visibility, and speed.
- Every state has its own deadlines for filing claims, and New York's statute of limitations is three years.
- Pedestrians can recover damages even if they were partially at fault under New York’s pure comparative negligence law.
- A personal injury lawyer can help investigate the crash, gather evidence, and build a strong legal case while you focus on healing.
- Understanding Your Rights as a Pedestrian
- When Can You Sue a Driver for Hitting You?
- Fault and Liability in Pedestrian Accidents
- How Compensation Works in Pedestrian Injury Cases
- Special Considerations in New York City Accidents
- Steps to Take After Being Hit by a Car
- What Evidence Helps Strengthen a Pedestrian Injury Claim?
- How a Personal Injury Lawyer Can Help After a Pedestrian Accident
- FAQs About Pedestrian Accident Lawsuits
- A Clear Path Forward for Injured Pedestrians
Understanding Your Rights as a Pedestrian
Pedestrians often assume that having the right of way guarantees legal protection. But in practice, pedestrian accident legal rights are defined not only by traffic laws but also by civil liability rules that vary by state.
In general, if a driver strikes a pedestrian due to careless or reckless behavior, such as speeding, distracted driving, or ignoring crosswalks, that driver may be legally responsible for the pedestrian’s injuries. This opens the door to filing a personal injury claim for a pedestrian accident and pursuing compensation for medical bills, lost wages, and emotional distress.
But not all cases are clear-cut. In some situations, insurance companies or opposing attorneys may try to argue that the pedestrian shared some of the blame, for instance, if you crossed mid-block instead of using a crosswalk. Even when the truth is on your side, winning your case requires evidence that backs up your story and the value of your claim.
When Can You Sue a Driver for Hitting You?
Not every pedestrian accident results in a lawsuit. But there are specific circumstances in which suing the driver may be appropriate, especially when injuries are serious or long-lasting.
Here are some common scenarios where you may have legal grounds to sue:
- The driver was texting or using their phone at the time of the crash
- The driver failed to yield at a crosswalk or red light
- The driver was under the influence of alcohol or drugs
- The vehicle jumped a curb or struck you on a sidewalk
- The accident was a hit and run, and the driver was later identified
For instance, if you were walking near Times Square, along Fordham Road in the Bronx, or crossing 125th Street in Harlem, and a rideshare driver ran a red light and struck you in the crosswalk, you may be able to file a claim against that driver’s insurance policy. Even if the driver fled the scene, you could still be eligible for compensation through your own uninsured motorist coverage, if available.
Every situation is different. Speaking with a car accident lawyer can help clarify whether your circumstances justify a pedestrian accident lawsuit.
Fault and Liability in Pedestrian Accidents
Liability in these accidents often comes down to the concept of negligence—the legal term for failing to act with reasonable care. To sue successfully, your lawyer must show that the driver’s negligence directly caused your injuries.
Common factors that may indicate driver negligence include:
- Running red lights or failing to stop at stop signs
- Driving too fast for conditions or in school zones
- Not yielding to pedestrians in marked crosswalks
- Turning without checking for people in the crosswalk
- Driving while drowsy, distracted, or intoxicated
However, some cases are more complicated. For example, if you stepped off the curb suddenly, or if visibility was low, the insurance company might argue that you were partly responsible.
Fortunately, New York follows a pure comparative negligence rule (New York Civil Practice Law and Rules § 1411). This means you can still pursue compensation even if you were partially at fault for the accident. However, your total recovery is reduced by your percentage of responsibility.
This principle applies across all five boroughs, from busy Midtown intersections to quieter residential neighborhoods in Staten Island. Never assume you don’t have a case if you think you shared blame. New York’s rule allows you to file a claim regardless of your share of fault. Discussing your case with a personal injury lawyer can help you understand whether your case is feasible.
How Compensation Works in Pedestrian Injury Cases
A serious injury changes everything. After being struck by a car, your medical bills can pile up fast, especially if you require surgery, rehabilitation, or long-term care. The law allows injured pedestrians to seek several types of damages, depending on the details of the crash.
Here are some of the most common types of compensation:
- Medical expenses: hospital stays, surgeries, physical therapy, medications
- Lost income: missed workdays, reduced earning capacity
- Pain and suffering: both physical pain and emotional trauma
- Disability or disfigurement: permanent injuries or visible scars
- Loss of enjoyment of life: inability to return to previous activities
In some tragic cases, pedestrians do not survive their injuries. When that happens, surviving family members may be able to bring a wrongful death claim to pursue damages for funeral costs, loss of companionship, and more.
Pedestrian accidents often involve severe injuries, such as traumatic brain injury, broken bones, spinal cord damage, or internal bleeding. These injuries are often catastrophic and life-altering, and the compensation you pursue should reflect that impact.
Special Considerations in New York City Accidents
New York City’s dense population, heavy traffic, and pedestrian-centric environment make it one of the most dangerous places for people on foot. Busy intersections, aggressive drivers, and distracted pedestrians all contribute to higher injury rates that consistently make NYC one of the most dangerous pedestrian cities in the U.S.
According to Vision Zero accident maps, most pedestrian injuries occur at intersections, particularly in areas with high foot traffic such as Union Square, the Upper East Side, and downtown Brooklyn. And with the rise of e-bikes and scooters, drivers must now share the road with even more vulnerable individuals.
New York is also a no-fault insurance state, which means that if you're hit by a car while walking, you may be able to recover some compensation through the driver’s personal injury protection (PIP) insurance, even if you weren't in a vehicle. This coverage typically includes medical bills and lost wages up to a certain limit, regardless of fault.
But when injuries are serious or the PIP coverage runs out, you may need to file a civil lawsuit to recover the full scope of your damages. An experienced attorney can help determine whether your injuries meet the "serious injury threshold" defined in New York Insurance Law § 5102(d), which is required to step outside the no-fault system.
Steps to Take After Being Hit by a Car
By now, you’ve likely received medical care or are undergoing treatment. If not, make that your first priority. Even if you feel okay, some serious injuries, like concussions or internal trauma, don’t show symptoms right away. A medical evaluation also creates a documented link between the crash and your injuries, which becomes critical in a legal claim.
Once your medical needs are being addressed, there are other steps you can take to protect your case and ease the pressure you're under.
Here are several things to do in the days and weeks after the crash:
- Hire a lawyer: A personal injury attorney can deal with the insurance companies, gather evidence, and protect your rights from day one.
- Keep all medical appointments: Insurance companies may use gaps in treatment to argue that your injuries aren’t serious. Consistent care strengthens your claim.
- Start a pain journal: Document your physical pain, emotional distress, and recovery process in writing or short videos. These records can become powerful evidence of pain and suffering damages, which can be substantial.
- Save everything: Keep all bills, test results, prescriptions, insurance letters, and communications related to the crash and your care.
- Avoid discussing the accident: Don’t post on social media or speculate about fault. What you say publicly may be twisted later.
- Refer insurance companies to your lawyer: Insurance adjusters are trained to minimize payouts, and they have many methods to accomplish this. Instead of talking with them, politely refer them to your lawyer.
Taking these steps can protect your right to pursue compensation and ease the pressure of trying to manage everything alone. The more detailed your records, the stronger your case becomes.
What Evidence Helps Strengthen a Pedestrian Injury Claim?
In a personal injury lawsuit, the strength of your evidence can make or break your case. When you're recovering from an injury, you shouldn't be expected to track down accident reports or video footage on your own. But it's helpful to know what matters most.
Strong evidence in a pedestrian accident case often includes:
- Police reports detailing the location, time, and accounts from all parties
- Traffic camera or surveillance video showing the moment of impact
- Medical records linking your injuries to the crash
- Photos of the scene, vehicle damage, injuries, and traffic signs
- Eyewitness statements from people who saw the incident happen
- Proof of expenses, such as receipts for medical care or lost wages
In many NYC cases, surveillance cameras from local businesses, especially near busy intersections in the Bronx or Manhattan, can provide crucial video footage. Having a lawyer handle this process ensures important evidence is requested and preserved before it disappears.
How a Personal Injury Lawyer Can Help After a Pedestrian Accident
The law is supposed to protect you after someone causes you harm. But the process of proving negligence and fighting for fair compensation is rarely straightforward. This is especially true in pedestrian injury cases, which often involve finger-pointing about who had the right of way or whether the injured person “should have seen the car.”
That’s where legal representation becomes vital—not because you “can’t” file a claim yourself, but because you shouldn’t have to carry the burden alone.
An experienced personal injury lawyer can:
- Investigate the crash and gather critical evidence
- Consult experts when necessary (such as accident reconstructionists)
- Negotiate with insurance companies that may try to limit what they pay
- File the lawsuit within the correct time frame
- Represent your interests in court, if needed
Hiring a lawyer early gives you a better shot at preserving your rights and building a case while the evidence is still fresh.
FAQs About Pedestrian Accident Lawsuits
What if the driver who hit me left the scene?
If the driver fled, you're dealing with a hit-and-run. You can still file a claim, especially if you or someone in your household has uninsured motorist (UM) coverage. In New York, the Motor Vehicle Accident Indemnification Corporation (MVAIC) may provide coverage in certain hit-and-run situations if no other insurance applies.
How long do I have to sue someone after being hit by a car?
Statutes of limitations deadlines vary from state to state. In most states, including New York, you generally have three years from the date of the accident to file a personal injury lawsuit. However, if a public employee or government agency (such as the MTA) was involved, you may need to file a Notice of Claim within 90 days. Always consult a lawyer to confirm the timeline in your specific case.
What if I was partly at fault for the accident?
New York follows a pure comparative negligence rule, which means you can still recover damages even if you were mostly at fault. Your compensation is reduced by your percentage of fault, but it doesn’t disqualify you from recovery. For example, if you’re found 20% at fault, your damages would be reduced by 20%.
How much does it cost to hire a pedestrian injury lawyer?
Most personal injury lawyers, including those in New York City, work on a contingency fee basis. That means you don’t pay up front. Instead, the lawyer receives a portion of the settlement or verdict if your case succeeds. If there’s no recovery, there’s no legal fee.
Do I need to go to court to sue the driver?
Not necessarily. Many pedestrian accident claims are resolved through settlements with insurance companies before trial. However, if negotiations fail or the insurance company disputes liability, your case may proceed to court. Having a lawyer prepares you for either outcome.
A Clear Path Forward for Injured Pedestrians
Being struck by a car isn’t something you plan for. It can take everything from you in an instant—your ability to work, your independence, your peace of mind. What you do next matters.
If you were injured in New York City, whether walking across Fordham Road in the Bronx, navigating Queens Boulevard, or crossing the Brooklyn Bridge entrance ramp, you deserve someone who understands how pedestrian cases work in this city. At Diamond Injury Law, I’ve helped injured New Yorkers recover after catastrophic events and fight for compensation that reflects the true cost of their injuries.
I take on serious injury cases because I know how much is at stake, and how much it costs not to fight back. I investigate every case thoroughly and push relentlessly for maximum compensation that helps clients recover and restores their confidence in the future. You won’t be passed around a large firm. You’ll work directly with me.
Call (718) 588-2000 today or contact me online to get started. Consultations are always free.
