Child Pedestrian Injuries in New York: How to Protect Your Family

Child pedestrian injuries are one of the most heartbreaking and preventable tragedies on New York City streets. Children are especially vulnerable as pedestrians due to their small size, limited experience with traffic, and still-developing judgment about speed and distance. In a dense, fast-moving environment like New York City, the risk of child pedestrian injuries is higher than nearly anywhere else in the country. Attorney Brett J. Nomberg, of the Law Office of Brett J. Nomberg, PLLC, at 600 Third Avenue, New York, NY, has represented injured children and their families in child pedestrian injury cases for more than 30 years. If your child was struck by a vehicle while walking, you have legal rights — and Brett Nomberg will fight to enforce them. Call (212) 808-8092 any time, 24/7, for a free consultation.

The statistics surrounding child pedestrian injuries in New York City are alarming. In 2024, 16 children aged 17 and under were killed in NYC traffic crashes — tied with 2022 as the worst year for child fatalities under the city’s Vision Zero initiative, and double the number killed in 2018, the safest year on record. That figure represents a 33% increase from 2023, when 12 children were killed. Half of the 2024 child fatalities occurred while the child was walking or biking, according to data from Transportation Alternatives. Overall pedestrian deaths rose 21% in 2024, from 100 to 121. Despite being one of the most walkable cities in the world, New York City has seen a troubling reversal in pedestrian safety gains — and child pedestrian injuries are at the center of that crisis. Nationally, over 400 children aged 14 and younger die from pedestrian-related accidents each year, and approximately 12,000 are treated in emergency rooms annually for child pedestrian injuries, according to the National Highway Traffic Safety Administration (NHTSA).

When a child sustains child pedestrian injuries caused by a negligent driver, New York law provides powerful recovery options. New York’s no-fault insurance system under Insurance Law §5103 provides up to $50,000 in Personal Injury Protection (PIP) benefits to cover medical expenses for pedestrians — including children — struck by motor vehicles, through the vehicle’s insurance carrier regardless of fault. To pursue a personal injury lawsuit for additional damages beyond no-fault benefits, the child pedestrian injury must meet the serious injury threshold under Insurance Law §5102(d) — including a fracture, permanent limitation of a body organ or member, significant disfigurement, or 90/180-day disability. Because the injured party is a minor, a parent or guardian must file the lawsuit on the child’s behalf, and any settlement involving a minor requires court approval to protect the child’s interests. Critically, the statute of limitations for a child pedestrian injury claim is tolled (paused) while the child is a minor under CPLR §208 — but it is always better to act immediately, while evidence is still available. If a government vehicle or municipal road defect contributed to the child pedestrian injury, a Notice of Claim must be filed within 90 days under General Municipal Law §50-e.

Statistics on Child Pedestrian Injuries in New York

• In 2024, 16 children aged 17 and under were killed in NYC traffic — a 33% increase from 2023 and tied for the worst year under Vision Zero, with half killed while walking or biking. (Transportation Alternatives, January 2025)
• Since the launch of Vision Zero in 2014, 122 children have been killed in NYC traffic — a sobering record for a city whose explicit goal is zero traffic deaths.
• Nationally, over 400 children aged 14 and younger die from child pedestrian injuries each year. (NHTSA)
• Approximately 12,000 children are treated in emergency rooms annually for child pedestrian injuries. (NHTSA)
• Most child pedestrian injuries occur between 3 PM and 7 PM on weekdays — corresponding with school dismissal and after-school activity hours.
• 90% of pedestrians killed at NYC intersections in 2024 died at crossings without physical daylighting — a street design feature that improves driver visibility of pedestrians, including children.
• Every week in New York City, 17 pedestrians sustain limb loss, organ damage, or other life-altering pedestrian injuries. (Transportation Alternatives)

Primary sources: NHTSA, Transportation Alternatives / Families for Safe Streets, NYC Vision Zero 2024 data

Common Causes of Child Pedestrian Injuries in New York

Understanding what causes child pedestrian injuries is the foundation of both prevention and legal accountability. Brett Nomberg investigates all contributing factors in every child pedestrian injury case to identify every liable party:

• Driver distraction: Texting, phone use, and in-car entertainment distract drivers from crosswalks and sidewalks where children walk. Distracted driving is the leading contributing factor in all NYC crashes, cited in over 12,000 incidents per year per NYPD data, and a primary driver of child pedestrian injuries.
• Speeding: Speed dramatically increases both the likelihood of a crash and the severity of child pedestrian injuries. A child struck at 30 mph is far more likely to sustain fatal injuries than one struck at 20 mph. NYC speed cameras have issued hundreds of thousands of citations to repeat speeders near school zones.
• Failure to yield: Drivers who do not yield at crosswalks — particularly at uncontrolled intersections — account for a significant share of child pedestrian injury accidents in New York City.
• Poor visibility: Reduced lighting, parked vehicles blocking sightlines, and adverse weather make children harder to see and are contributing factors in many child pedestrian injuries.
• Children’s developing judgment: Children often misjudge vehicle speed, gap distances, or crossing time — making them uniquely vulnerable to pedestrian injury even in situations where an adult would safely navigate.
• Intoxicated driving: Alcohol- and drug-impaired drivers are responsible for a disproportionate share of serious child pedestrian injury accidents, particularly in the evening hours.
• Distraction by the child: Smartphones and headphones reduce a child’s own awareness of approaching vehicles — a factor courts weigh under New York’s child-specific standard of care (compared to what is reasonable for a child of similar age and experience, not an adult).
• Dangerous road conditions: Missing crosswalk markings, broken signals, absent curb ramps, and poorly designed intersections are municipal failures that contribute to child pedestrian injuries — and create potential claims against the City of New York.

Prevention Strategies for Parents

While legal accountability after a child pedestrian injury is essential, prevention is the first line of defense. The Safe Kids Worldwide organization and the CDC’s pedestrian safety guidelines recommend the following strategies for parents and caregivers:

Educate Your Child

• Traffic Rules: Teach children to respect crosswalks, traffic signals, and signage — and to treat every street crossing as a serious decision.
• Proper Crossings: Always use marked crosswalks. Look left, right, then left again before stepping off the curb, and make eye contact with drivers before crossing.
• Visibility: Encourage wearing bright clothing and reflective gear in low-light conditions, particularly during the 3–7 PM window when child pedestrian injuries peak.

Supervision Based on Age

• Age-Appropriate Supervision: Young children — generally those under age 10 — should always walk with an adult near traffic. Children develop the full set of perceptual and cognitive skills needed to safely navigate traffic around ages 10–12.
• Safe Routes: Plan walking routes that use crosswalks, avoid high-traffic intersections, and keep children away from driveways and parking lot exits — common locations for child pedestrian injury accidents.

Safe Habits

• No phones while walking: Teach children never to use a phone or wear headphones when crossing streets — distracted walking is a documented contributor to child pedestrian injuries.
• Walk facing traffic: On roads without sidewalks, walking facing oncoming traffic increases visibility and reaction time.
• Never dart into traffic: Teach children to never run into the street between parked cars — one of the most common scenarios in child pedestrian injury accidents.

Environmental Awareness

• Know high-risk zones: Urban areas, school zones, parking lot exits, and bus stops carry higher risk for child pedestrian injuries than quiet residential streets.
• Familiarize children with the neighborhood: Walk routes with children to identify safe crossings, traffic signals, and potentially dangerous spots before they navigate them alone.

Legal Considerations After a Child Pedestrian Injury in New York

If your child sustains a child pedestrian injury caused by a negligent driver, property owner, or dangerous road condition, New York law provides multiple legal paths to full compensation. Because the injured party is a minor, several unique legal rules apply to child pedestrian injury claims in New York:

• A parent or guardian must file the claim on the child’s behalf. Minors cannot file lawsuits in their own name in New York. A parent or guardian serves as the legal representative in all child pedestrian injury proceedings.
• Any settlement requires court approval. New York courts must approve any settlement of a child pedestrian injury claim to ensure the child’s best interests are protected. This is an important safeguard that prevents insurers from pressuring families into undervalue settlements.
• New York applies a child-specific standard of care. A child’s conduct in a child pedestrian injury case is evaluated against what is reasonable for a child of similar age, intelligence, and experience — not against an adult standard. This significantly limits the comparative fault that can be attributed to the child.
• The statute of limitations is tolled for minors. Under CPLR §208, the three-year filing deadline for a child pedestrian injury claim is paused while the child is a minor. However, waiting is never advisable — evidence disappears, witnesses become unavailable, and government claim deadlines (90 days) are not tolled.

Who Is Liable for a Child Pedestrian Injury?

What to Do After a Child Pedestrian Injury in New York

1. Call 911 immediately. Report the child pedestrian injury to police and request emergency medical assistance. A police report documenting the driver, vehicle, location, and circumstances is essential evidence.
2. Seek emergency medical care the same day. Traumatic brain injuries, internal bleeding, and spinal damage may not produce immediate symptoms in children. A same-day evaluation creates medical records that directly link your child’s injuries to the crash.
3. Photograph the entire scene. Document the vehicle, its final position, skid marks, road conditions, crosswalk markings, traffic signals, and your child’s visible injuries. Evidence at child pedestrian injury scenes disappears quickly when streets are cleared.
4. Gather witness contact information. Anyone who saw the child pedestrian injury accident is a critical witness. Get names and phone numbers before they leave.
5. Preserve all surveillance footage immediately. Businesses, building cameras, ATMs, and NYC DOT cameras near the scene may have captured the child pedestrian injury accident. Footage is overwritten within 24–72 hours. Brett Nomberg sends legal hold letters the same day to preserve it.
6. File a no-fault application within 30 days. Submit the NF-2 form to the vehicle’s insurance carrier within 30 days of the child pedestrian injury accident to access PIP medical benefits. This deadline is strict.
7. Do not speak to the driver’s insurance company without legal counsel. Anything said about your child’s pedestrian injuries can be used to minimize the claim. Brett Nomberg handles all insurer communications.
8. Contact Brett Nomberg immediately. Call (212) 808-8092 — available 24 hours a day, 7 days a week — to begin protecting your child’s rights after a child pedestrian injury in New York.

Documentation Checklist After a Child Pedestrian Injury

• Police accident report (request a copy from the responding precinct)
• Emergency room and hospital records from the day of the child pedestrian injury
• All follow-up medical records, specialist evaluations, physical therapy records, and imaging results
• Photographs of the scene, vehicle, road conditions, and your child’s injuries
• Witness names and contact information gathered at the scene
• All insurance correspondence, including no-fault application confirmation
• School records documenting missed days caused by the child pedestrian injury
• Parent/caregiver diary documenting the child’s pain levels, limitations, and recovery progress
• Records of all out-of-pocket expenses — transportation to appointments, medical equipment, household services

FAQs About Child Pedestrian Injury Claims in New York

Helpful Resources for Child Pedestrian Safety

Protecting Your Child and Enforcing Your Rights After a Child Pedestrian Injury

Child pedestrian injuries can change a family’s life in an instant — physically, emotionally, and financially. As a parent or guardian, you have the right to seek full justice and compensation when your child is harmed by a negligent driver or unsafe conditions. Brett Nomberg has represented families in child pedestrian injury cases across all five boroughs for more than 30 years. He personally manages every case, is available 24 hours a day, 7 days a week, and handles all child pedestrian injury claims on a contingency fee basis — no fee unless he wins. His results include a $4.5 million brain injury verdict, $3.9 million in a case where evidence was concealed, and a $1.4 million Queens slip and fall award. See the full record at his verdicts and settlements page. He also handles related catastrophic injury and wrongful death claims when a child pedestrian injury results in the most devastating outcomes.

Call Brett J. Nomberg at (212) 808-8092 to schedule your free consultation. Visit brettnomberglaw.com or reach us through our online contact page. There is no fee unless we win.

About Brett Nomberg

Brett Nomberg is a highly respected personal injury attorney based in New York City with more than 30 years of experience representing victims of child pedestrian injuries, adult pedestrian accidents, and catastrophic injuries. Known for his dedication and client-focused approach, Brett personally manages every child pedestrian injury case — families always speak directly with him, not a paralegal or junior associate. He has successfully handled numerous complex child pedestrian injury claims, helping injured children and their families secure fair compensation for medical bills, long-term care, and pain and suffering. Brett combines deep knowledge of New York’s no-fault insurance system, Insurance Law §5102(d), and pedestrian accident law with genuine compassion for the challenges faced by families after a child pedestrian injury. He is committed to protecting every New Yorker — especially the youngest and most vulnerable — who walks the city’s streets. Call (212) 808-8092 any time for a free consultation. You pay nothing unless Brett wins.