Pedestrian Crosswalk Accidents

Pedestrian Crosswalk Accidents in New York | Brett J. Nomberg

A New York crosswalk accident can happen in seconds — and the consequences last a lifetime. Attorney Brett J. Nomberg, of the Law Office of Brett J. Nomberg, PLLC, at 600 Third Avenue, New York, NY, represents pedestrians seriously injured in New York crosswalk accidents across all five boroughs and surrounding counties. With more than 30 years of personal injury experience in pedestrian accidents, Brett knows how to investigate these crashes, preserve critical evidence, and hold negligent drivers and property owners fully accountable.

New York crosswalk accident lawyer Brett Nomberg representing injured pedestrians

New York City recorded 4,711 pedestrian injuries and 108 pedestrian fatalities in 2024, according to NYPD Vision Zero data. Many of these involved a New York crosswalk accident in which a driver failed to yield, ran a red light, or turned into a marked or unmarked crossing without stopping. Despite the city’s Vision Zero initiative — launched in 2014 with the goal of eliminating all traffic deaths — crosswalk crashes remain among the most common and most deadly incidents on New York streets. If you were struck in a New York crosswalk accident, you have powerful legal rights — but they are tied to strict deadlines.

New York’s no-fault insurance system under Insurance Law §5103 provides up to $50,000 in basic economic loss coverage — including medical bills and a portion of lost wages — through your own insurer, regardless of fault. To file a lawsuit for a New York crosswalk accident, your injuries must meet the serious injury threshold under Insurance Law §5102(d), which includes any fracture, permanent limitation, significant disfigurement, or a 90/180-day disability. Your no-fault application (Form NF-2) must be submitted within 30 days of the crash. If a government vehicle or poorly maintained crosswalk signal contributed to the accident, a Notice of Claim under General Municipal Law §50-e must be filed within 90 days.

Why New York Crosswalk Accidents Are So Dangerous

Pedestrians have almost no protection when struck by a moving vehicle. Even low-speed impacts — 20 mph or less — produce forces the human body cannot absorb without serious injury. A New York crosswalk accident victim struck at 30 mph faces a fatality risk of approximately 45%; at 40 mph, that risk rises above 85%. New York City’s dense street grid, distracted drivers, and aggressive traffic patterns create conditions where a New York crosswalk accident can occur at virtually any intersection, in any borough, at any time of day.

The most dangerous intersections for pedestrians are typically in high-volume corridors — along Broadway, Atlantic Avenue, Queens Boulevard, Jerome Avenue in the Bronx, and Hylan Boulevard in Staten Island. A New York crosswalk accident at these locations often involves drivers who are speeding, distracted by a phone, or failing to yield while making a right or left turn across a crosswalk that has a walk signal active. NYPD data shows failure to yield to pedestrians is cited in more than 5,200 crashes annually — making it one of the most common causes of a New York crosswalk accident.

Common Causes of a New York Crosswalk Accident

  • Failure to yield to pedestrians — the leading driver violation in pedestrian crashes; cited in over 5,200 NYC incidents per year
  • Distracted driving — handheld cell phone use at the time of a New York crosswalk accident can be proven through subpoenaed cell records
  • Running red lights or stop signs — documented through red-light camera footage, which Brett Nomberg preserves immediately
  • Turning vehicles striking pedestrians with the walk signal — right-turn and left-turn violations at signalized intersections are a leading cause of pedestrian injury
  • Speeding — event data recorder (EDR/black box) data proves vehicle speed in the seconds before impact
  • Drunk or impaired driving — DWI criminal charges and civil liability run simultaneously after a New York crosswalk accident involving an intoxicated driver
  • Obstructed crosswalk visibility — double-parked vehicles or overgrown vegetation blocking sight lines may add municipal or property owner liability
  • Defective traffic signals or missing crosswalk markings — a malfunctioning signal or unmarked crossing that contributed to a New York crosswalk accident may trigger a city liability claim

Injuries Commonly Sustained in a New York Crosswalk Accident

Because pedestrians have no structural protection, a New York crosswalk accident frequently produces catastrophic injuries that meet — and far exceed — the serious injury threshold required for a lawsuit under Insurance Law §5102(d):

  • Traumatic brain injury (TBI) — from impact with the vehicle, hood, windshield, or ground; see brain injury practice page
  • Spinal cord injury — herniated discs, nerve damage, paralysis; see spinal cord injury page
  • Bone fractures — pelvis, femur, tibia, arms, ribs, and skull; virtually all fractures satisfy the §5102(d) threshold
  • Internal bleeding — organ damage from blunt-force impact; life-threatening if not diagnosed immediately
  • Soft tissue injuries — torn ligaments, muscle tears, and joint damage
  • Burns — from road rash or contact with the vehicle’s hot surfaces; see burn injury page
  • Wrongful death — when a New York crosswalk accident takes a life; see wrongful death page

Legal Deadlines After a New York Crosswalk Accident

DeadlineTime LimitWhat Happens If Missed
No-fault (PIP) application (NF-2)30 days from the crash dateLoss of all PIP medical and wage benefits — no exceptions
Notice of Claim (GML §50-e) — government vehicle or road defect90 days from the crash datePermanent bar to claims against that public entity
Personal injury lawsuit — private parties (CPLR §214)3 years from crash dateCase permanently time-barred
Wrongful death (EPTL §5-4.1)2 years from the date of deathFamily permanently barred from recovery

Evidence That Wins a New York Crosswalk Accident Case

The outcome of a New York crosswalk accident lawsuit depends entirely on the quality and speed of evidence gathering. Traffic camera footage — the single most decisive form of evidence — is typically overwritten within 24 to 72 hours. Brett Nomberg sends evidence preservation letters to the NYC DOT, NYPD, MTA, and nearby businesses the same day he is retained. Evidence routinely used in a New York crosswalk accident case includes:

  • Traffic and intersection camera footage — overwritten in 24–72 hours; must be preserved immediately
  • NYPD accident report — officer’s observations, diagram, and fault notations
  • Cell phone records — subpoenaed to prove distracted driving at the moment of impact
  • Event Data Recorder (EDR / black box) — proves vehicle speed, braking, and steering in the seconds before impact
  • Witness statements — gathered at the scene; witnesses become harder to locate within days
  • Medical records and imaging — emergency room reports, MRIs, and CT scans document injuries and causation
  • NYC Vision Zero data and prior crash records — prior crashes at the same intersection establish a known dangerous condition
  • Signal timing and maintenance records — critical if a malfunctioning or mistimed signal contributed to the New York crosswalk accident

Frequently Asked Questions

QuestionAnswer
What should I do immediately after a New York crosswalk accident?Call 911, stay at the scene, seek same-day medical care even if you feel fine, photograph the driver’s license, plate, and vehicle, and contact Brett Nomberg before giving any recorded statement to an insurer.
Can I recover if I was partially at fault in a New York crosswalk accident?Yes. New York’s pure comparative negligence rule under CPLR §1411 allows recovery even if you were partly at fault — your damages are reduced by your percentage of fault, not eliminated.
What if the driver who hit me in a New York crosswalk accident was uninsured?You may recover through your own uninsured motorist (UM) coverage or file a claim with MVAIC, New York’s fund for victims of uninsured and hit-and-run drivers.
Can I sue the City of New York after a crosswalk accident?Potentially yes — if a defective signal, missing crosswalk markings, or poor road design contributed to the crash. A Notice of Claim must be filed against the City within 90 days under GML §50-e. Missing this deadline bars the municipal claim.
How long do I have to file a lawsuit after a New York crosswalk accident?Three years from the crash date under CPLR §214 for private parties. Two years for wrongful death under EPTL §5-4.1. If a city agency was involved, the 90-day Notice of Claim deadline applies first.
Does the driver’s speed matter in a New York crosswalk accident case?Yes — significantly. Speeding is both evidence of negligence and a direct factor in injury severity. Black box data and accident reconstruction can prove the vehicle’s speed in the seconds before impact.

About Brett J. Nomberg

Brett J. Nomberg has practiced personal injury law in New York for more than 30 years, including hundreds of pedestrian and New York crosswalk accident cases. He personally manages every file — clients speak directly with Brett, never just a paralegal. He is available 24 hours a day, 7 days a week, including weekends and holidays. His record includes a $4.5 million verdict for a brain injury, $3.9 million in a case involving concealed evidence, $1.7 million in a case where a surveillance tape was hidden, and $1.4 million for a Queens slip and fall on ice. All cases are handled on a contingency fee basis — you pay nothing unless Brett wins. Learn more at his attorney profile page.

Injured in a New York Crosswalk Accident? Brett Nomberg Fights for Everything You’re Owed.

If you or a family member was hurt in a New York crosswalk accident, the hours after the crash are the most critical for preserving your legal rights. Traffic camera footage disappears. Witnesses move on. Insurers start building their defense. Visit brettnomberglaw.com, call (212) 808-8092 any time — 24/7 — or reach us at our online contact page. There is no fee unless we win.

Select A Practice Area

Construction Accident

$1,700,000

$1.7 million verdict in New York County against the driver of a delivery truck who struck a man as he was crossing the street within the crosswalk in Manhattan.

Motor Vehicle Accident

$3,600,000

$3.6 Million settlement in New York Supreme Court for a Spanish speaking construction worker who fell off a 6 foot ladder and landed onto metal and wooden debris. The worker required lumbar spinal surgery for his injuries and needed surgeries to both knees from the fall. The worker could not return to work and suffered depression from his injuries resulting in a suicide attempt.

Construction Accident

$3,200,000

$3.2 million verdict in Queens Supreme Court for an undocumented Polish speaking construction worker who fell 12 feet during a demolition project. The worker fractured a vertebrae and herniated several discs in his spine requiring surgery. The plaintiff was unable to return back to work due to his injuries.

Motor Vehicle Accident

$1,500,000

$1.5 million verdict in Supreme Court Kings County for a woman struck by a car that jumped the curb and hit the pedestrian while standing on the sidewalk across from Prospect Park, Brooklyn.

Slip And Fall Accident

$1,900,000

$1.9 million verdict in New York Supreme Court for a bank manager who slipped and fell on a wet floor, resulting in spinal injuries. The building owner knew about a recurring leak inside the basement cafeteria but failed to correct the problem.

Construction Accident

$2,000,000

$2 million settlement in Queens Supreme Court for Polish construction worker who fell 2 stories from a bucket. The worker’s supervisor told the construction worker to ride the material bucket down to use the bathroom because it would save time. The worker fractured his pelvis in several places requiring surgery and was unable to return to work.

Medical Malpractice

$4,500,000

Defense counsel offers 11 cents to settle before trial and the jury renders a verdict of $4.5 million dollars for a medical malpractice victim and his wife. The action was commenced in New York Supreme Court for a patient who suffered massive internal bleeding during a lower back surgery when the surgeon negligently cut an artery and failed to promptly treat the condition, causing a loss of oxygen and injury to the brain. The anesthesiologist failed to properly monitor the patient’s vitals during the surgery and alert the surgeon of the drop in blood pressure.

Assault

$1,250,000

$1.25 million settlement in New York Supreme Court against building owner for negligent security that caused two women to be assaulted while leaving work. A masked man entered their elevator from a floor that was supposed to be closed off for construction. The assailant used a metal pipe to attack the two women. The two women split the settlement monies.

Construction Accident

$1,500,000

$1.5 Million settlement in New York Supreme Court for a construction worker who was struck by a piece of concrete that fell on his head and back. Workers above were chipping concrete despite knowing that people were working directly below them. The plaintiff required surgery on his neck but made a good recovery.

Medical Malpractice

$3,900,000

$3.9 million settlement in Supreme Court Kings County for a Brooklyn man who suffered a stroke shortly following an eye surgery. The patient was given medical clearance for local anesthesia but instead was placed under general anesthesia for 7 hours. The patient’s blood pressure was not well controlled resulting in a 30 minute hypertensive emergency near the end of the operation. The patient died after 7 years of living in different nursing homes.

Slip, Trip and Fall, New York

$1,400,000

$1.4 Million settlement for Queens Hispanic woman who slipped and fell on ice walking out the door of her rented basement apartment.

CLIENT REVIEWS

    I did not think myself that we will win this difficult matter and become victorious, especially after being rejected by numerous other attorneys…but your professionalism Brett, dedication and determination, not to mention a huge heart, was how we prevailed

ALEKSANDER J.

    When I brought my situation to a local attorney he directed me to Brett Nomberg, and I’m so glad he did. Someone always was able to give me a status of what was going on. Your team made my wife and I realize we were dealing with a truly professional firm and at the same time, sympathetic to our needs. Great job. Excellent Customer Service.

GREG M.

    I want to thank you for all the help and support that was given to my parents by you and your colleagues. Your firm’s time, effort and dedication, is without question second to none and this led to a successful settlement

PAT R.

    We can’t thank you enough for the wonderful representation you provided and for believing in our case. It was very vindicating to have a judge and jury decide in our favor.

JANE AND TOM D.

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