Reviewed by Alexander Karasik, Esq., Personal Injury Attorney | 19+ Years Experience | Super Lawyers 2021-2024 | Last Updated: April 2026

Pedestrian accidents in New York City are uniquely dangerous because of how dense, fast, and unpredictable the streets are. A pedestrian struck in a Brooklyn or Manhattan crosswalk often has serious injuries even at low vehicle speeds. The medical, financial, and legal stakes of the next 72 hours are higher than most people realize, and the steps you take in those first hours often decide whether you can recover the full compensation you are entitled to.

This guide covers what to do at the scene, what to do at the hospital, the deadlines New York imposes (including the much shorter ones for city-vehicle accidents), and how a personal injury attorney protects the case from day one.

At the Scene: First 30 Minutes

If you are conscious and able, focus on these steps in order:

1. Move out of the roadway if it is safe to do so. If you cannot move, stay still and wait for help. Do not let bystanders move you if you suspect a back, neck, or head injury.
2. Call 911. Request both an ambulance and NYPD. The police are required to file an MV-104 collision report for any pedestrian accident, and that report is one of the most important pieces of evidence in your future claim.
3. Get the driver’s information. Driver’s full name, license number, license plate, vehicle make and model, and insurance information. If the driver is a commercial vehicle (taxi, Uber, Lyft, delivery van, MTA bus), also note the vehicle number, company name, and any visible identifiers.
4. Get witness contact information. Witnesses scatter quickly in NYC. Their phone numbers are the single most important thing you can collect at the scene. Even a name and number written on a napkin is enough.
5. Photograph everything you can. The vehicle, your injuries (yes, even uncomfortable ones), the crosswalk, the traffic signal state, your shoes, the position of any debris, and the surrounding intersection. Photographs taken in the first minutes capture details that disappear within hours.
6. Do not discuss fault with anyone. Not the driver, not bystanders, not the responding officer beyond the basic facts (where you were walking, what you saw). Apologies and “I think I might have stepped out too soon” become weapons against your claim later.

If a hit-and-run driver fled the scene, the case is not over. Per Alexander Karasik, Esq., founder of Karasik Law Group, P.C.: “There may still be insurance coverage available for this type of accident. If you are injured, please contact an attorney.” New York’s no-fault PIP coverage and uninsured-motorist coverage from your own household auto policy can apply even when the at-fault driver is never identified.

At the Hospital: Why You Go Even If You Feel Fine

One of the most common and most damaging mistakes after a pedestrian accident is refusing the ambulance because you “feel fine.” Adrenaline masks injuries for hours. Internal bleeding, concussions, soft-tissue injuries, and back or neck damage frequently do not present symptoms until 12 to 48 hours after impact.

Two specific reasons to accept medical care immediately:

• Diagnosis. Many serious injuries (subdural hematoma, internal bleeding, fractures with delayed swelling) are only caught by imaging in an emergency department. Early diagnosis can save your life.
• Documentation. An emergency department record dated the same day as the accident is the foundation of your medical evidence. Insurance companies routinely use any gap (even a single day) between the accident and your first medical visit to argue your injuries came from something else.

Per Karasik: “Yes, oftentimes injuries do not manifest themselves right after an accident. It is important to seek medical attention immediately after the accident.”

The 3 Deadlines That Decide Your Case

New York personal injury law has multiple statutes of limitations and notice deadlines, and pedestrian accidents can hit several of them simultaneously depending on what kind of vehicle struck you:

1. The general 3-year personal injury statute of limitations. CPLR § 214(5) gives you 3 years from the date of the accident to file a personal injury lawsuit against a private driver in New York. This is the deadline most people know about.

2. The 90-day Notice of Claim against any municipal entity. If the vehicle that struck you was an MTA bus, NYC Transit Authority vehicle, NYC sanitation truck, fire truck, police vehicle, or any other vehicle owned or operated by the City of New York, MTA, or another public corporation, you must file a written Notice of Claim within 90 days of the accident under General Municipal Law § 50-e. Miss this deadline and your case is almost always over before it starts.

3. The 1-year-and-90-days lawsuit deadline against municipal entities. Even after the Notice of Claim is filed, the actual lawsuit against the City or MTA must be commenced within 1 year and 90 days of the accident under General Municipal Law § 50-i. This is much shorter than the standard 3 years.

Per Karasik: “Usually, the case has to be filed within 3 years after the accident, except in a case that involves a NY State, City or the Federal Government, then in those instances a lawsuit must be filed within a shorter time from the date of the accident.”

The takeaway: identify what hit you within hours, not days. If a city or MTA vehicle was involved, the 90-day clock is already ticking.

Insurance Coverage Available to NYC Pedestrians

New York is a no-fault insurance state, which means several layers of coverage may apply to a pedestrian accident regardless of who was at fault for the crash itself:

• The at-fault driver’s bodily injury liability coverage is the primary source of compensation for serious injuries. Minimum coverage in New York is $25,000 per person / $50,000 per accident, but commercial vehicles, trucks, taxis, and rideshare carry significantly more.
• New York PIP (Personal Injury Protection / no-fault). Pedestrians struck by a motor vehicle are entitled to up to $50,000 of no-fault benefits to cover medical bills, lost wages, and certain incidental costs, regardless of fault. The PIP carrier is the insurance company on the vehicle that struck you.
• Your own uninsured/underinsured motorist (UM/UIM) coverage from a household auto policy may apply if the at-fault driver was uninsured, underinsured, or fled the scene.
• MTA or NYC self-insured coverage for accidents involving city vehicles. Notice of Claim required within 90 days.

Identifying every available coverage source is one of the first things a personal injury attorney does in a pedestrian case. Missing a layer means leaving money on the table.

What If You Were Partially At Fault?

You can still recover. New York follows pure comparative fault, which means even if you are found partially responsible (for example, stepping into the crosswalk against the signal), your compensation is reduced by your percentage of fault but not eliminated. Per Karasik: “Yes. In New York, there are laws governing ‘contributory negligence’ which means the proportion of negligence is apportioned according to circumstances. This means that if you are partially negligent, you can still recover damages in an accident.”

This rule matters because insurance companies routinely try to assign blame to pedestrians (you were jaywalking, you were on your phone, you were wearing dark clothing at night). Even if some of that is true, the case is not over.

What Damages Are Available in a Pedestrian Accident Claim

Pedestrian accident victims in New York can recover both economic and non-economic damages. Per Karasik: “Generally, many different types of damages may be recovered in a personal injury case. Damages are usually divided into economic (out of pocket losses) and non-economic (i.e. loss of enjoyment of life, or wrongful death) damages. For example, here are some of the damages that can be recovered in a personal injury case: pain and suffering, lost wages, past and future medical expenses, and loss of future earning capacity.”

For a typical Brooklyn pedestrian-versus-vehicle case with serious injuries (orthopedic surgery, traumatic brain injury, long-term physical therapy), the major damage categories include:

• Past medical expenses (everything not covered by no-fault PIP)
• Future medical expenses (estimated by treating physicians and life-care planners)
• Past lost wages
• Future lost earning capacity (especially if the injury affects your ability to return to your prior occupation)
• Pain and suffering, both past and future
• Loss of enjoyment of life
• In wrongful death cases: economic loss to the family, conscious pain and suffering of the decedent before death

Karasik Law Group in Brooklyn, NY

Karasik Law Group, P.C. is a personal injury law firm at 3374 Shore Parkway, Floor 1, Brooklyn, NY 11235. The firm is led by Alexander Karasik, Esq., who has approximately 19 years of personal injury experience and has been recognized in Super Lawyers 2021-2024. Karasik Law Group serves all five NYC boroughs and New Jersey, and the firm communicates in English, Spanish, Russian, Uzbek, and Georgian.

If you or a family member was struck as a pedestrian in NYC, contact our office for a free consultation. We work on contingency fees in personal injury, construction accident, wrongful death and medical malpractice actions. Per Karasik: “This means, clients don’t pay anything unless and until there is recovery.” We advance all costs of litigation, and we will meet you anywhere convenient, including your home or hospital room.

Schedule a Free Consultation

Or call (929) 444-4444

Frequently Asked Questions

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

Generally, 3 years from the date of the accident under CPLR § 214(5). However, if a city bus, MTA vehicle, fire truck, police vehicle, or any other municipal vehicle was involved, you must file a written Notice of Claim within 90 days under General Municipal Law § 50-e, and the lawsuit itself must be filed within 1 year and 90 days. These shorter deadlines are absolute and do not have many exceptions.

The driver who hit me fled the scene. Do I still have a case?

Yes. New York PIP no-fault coverage from the vehicle that struck you typically applies, and your own household uninsured-motorist coverage may apply even when the at-fault driver is never identified. Hit-and-run pedestrian cases are workable; the key is preserving the police report and any video evidence quickly.

Will my immigration status affect my pedestrian accident case?

No. New York courts allow personal injury claims regardless of the injured person’s immigration status, and you cannot be required to disclose status to recover damages for medical expenses, lost wages, or pain and suffering.

The insurance adjuster called me and offered a quick settlement. Should I take it?

No. Per Alexander Karasik, Esq.: “Never negotiate any settlements with any insurance company. Avoid talking to them altogether and leave this task for experienced attorneys.” Early offers from insurance carriers are almost always far below the case’s actual value, and accepting one usually waives your right to additional compensation later.

What if I was crossing against the light when I was hit?

You can still recover. New York follows pure comparative fault: your percentage of responsibility reduces your compensation but does not eliminate it. A driver still has a duty to use reasonable care even when a pedestrian is technically violating a traffic signal.

How much does it cost to hire Karasik Law Group for a pedestrian accident case?

Nothing upfront. Per Karasik: “We advance all costs of litigation and work on contingency fees in personal injury, construction accident, wrongful death and medical malpractice actions. This means, clients don’t pay anything unless and until there is recovery.”

This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.