Pedestrian Accident FAQ: New York Answers From Brett J. Nomberg

A pedestrian accident occurs when a vehicle strikes a person who is on foot — on a sidewalk, in a crosswalk, or anywhere on a public road. These incidents cause some of the most serious injuries seen in New York personal injury cases. Brett J. Nomberg represents injured pedestrians throughout New York City and the surrounding area. This page answers the questions most commonly asked after an accident — covering liability, damages, deadlines, and the claims process. Each answer is general in nature; specific outcomes depend on the facts and evidence in your case.

What Injured Pedestrians in New York Need to Know

A pedestrian accident occurs when a person on foot is struck or injured by a motor vehicle, bicycle, or other moving object on a public road, sidewalk, crosswalk, or parking area. In New York, pedestrian accident claims allow injured parties to seek financial compensation from any person or entity whose negligence caused the incident. The Law Office of Brett J. Nomberg, PLLC, represents injured pedestrians throughout New York City and the surrounding counties.

To bring a pedestrian accident claim in New York, the injured person must show that another party acted negligently and that the negligence directly caused the injuries sustained. Drivers, vehicle owners, municipalities, employers, and property owners can all be liable, depending on the facts. The strength of a claim depends on the available evidence — police reports, witness statements, surveillance footage, and medical records all play a role. Recoverable damages include past and future medical expenses, lost wages, and compensation for pain and suffering. Outcomes vary based on the specific facts, the severity of injury, available insurance coverage, and applicable New York law.

New York imposes strict time limits on pedestrian accident claims. The standard statute of limitations is three years from the date of injury, but claims against government entities require a Notice of Claim within 90 days. Missing either deadline typically ends the right to any recovery. Brett J. Nomberg recommends contacting a qualified attorney promptly after any pedestrian accident to preserve evidence and ensure all deadlines are met. The firm offers free consultations and handles these cases on a contingency fee basis — no fee unless compensation is recovered.

What Is a Pedestrian Accident?

A pedestrian accident is any incident in which a person on foot is struck or injured by a motor vehicle. In New York, this includes collisions in marked crosswalks, at mid-block locations, on sidewalks, and in parking lots. It also includes situations where a vehicle mounts a curb or loses control and strikes someone who was legally walking.

Not every incident involves a car. Pedestrians in New York are struck by taxis, rideshare vehicles, city buses, trucks, bicycles, and delivery vehicles. The legal analysis follows the same framework regardless of the vehicle type: was there negligence, and did that negligence cause the injury?

Related reading: Pedestrian Accident Causes and Common Injuries

What Should I Do After a Pedestrian Accident?

The steps taken immediately after an accident affect your ability to recover compensation. If you are able to act safely at the scene, the following steps are important:

• Call 911. A police report documents the incident and identifies the driver.
• Seek medical attention immediately. Even injuries that seem minor at first can worsen. A same-day medical record establishes a clear connection between the accident and your injuries.
• Do not give a recorded statement to the driver’s insurance company without speaking to an attorney first.
• Collect information at the scene if possible: the driver’s name, license plate, insurance information, and contact details for any witnesses.
• Photograph the scene — the vehicle, the road, traffic signals, and any visible injuries.
• Contact a pedestrian accident lawyer before accepting any settlement offer.

A more detailed guide is available here: What to Do After a Pedestrian Accident in New York

Who Can Be Liable in a New York Pedestrian Accident?

Liability in a pedestrian accident depends on who acted negligently and how that negligence contributed to the incident. Potentially liable parties include:

• The driver — for speeding, distracted driving, failure to yield, running a red light, or driving under the influence
• The vehicle owner — if different from the driver, under New York’s Vehicle and Traffic Law § 388
• A municipality or government agency — if a defective road, broken traffic signal, or absent crosswalk markings contributed to the accident
• A property owner — if a negligently maintained sidewalk, driveway, or parking area played a role
• An employer — if the driver was operating a company vehicle in the course of employment

More than one party can be liable for the same accident. Brett J. Nomberg evaluates all potential defendants when analyzing a new case.

Related reading: Pedestrian Accident Liability and Damages in New York

What Damages Can I Recover After a Pedestrian Accident?

In a New York pedestrian accident case, injured parties can seek two main categories of damages:

Economic Damages

These are quantifiable financial losses. They typically include:

• Past and future medical bills, including surgery, hospitalization, rehabilitation, and medication
• Lost wages from time missed at work
• Reduced future earning capacity if the injury affects the ability to work long-term
• Out-of-pocket costs directly related to the injury, such as transportation to medical appointments

Non-Economic Damages

These compensate for harms that are real but not easily measured in dollars:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent scarring or disfigurement

In rare cases involving reckless or intentional conduct, punitive damages may also be available. The actual recovery in any case depends on the evidence, the severity of the injuries, and the insurance coverage available.

Related reading: Pedestrian Accident Injury Types

How Long Do I Have to File a Pedestrian Accident Lawsuit in New York?

New York’s statute of limitations for most personal injury claims, including pedestrian accident cases, is three years from the date of the accident. This deadline is set by New York Civil Practice Law and Rules § 214.

However, important exceptions apply:

• Claims against a government entity (such as the City of New York, MTA, or a public school) require filing a Notice of Claim within 90 days of the accident. Missing this deadline can permanently bar your claim against that entity.
• Wrongful death claims must be filed within two years of the date of death.
• Claims involving minors may have different tolling rules depending on the circumstances.

Waiting too long can mean losing the right to any recovery. Anyone injured in a pedestrian accident should contact an attorney as early as possible to preserve evidence and meet all applicable deadlines.

What If I Was Hit Outside a Crosswalk?

Being struck outside a marked crosswalk does not automatically eliminate a pedestrian accident claim. New York follows a pure comparative negligence rule under CPLR § 1411. Under this standard, your compensation is reduced by your percentage of fault — but not eliminated entirely, no matter how high that percentage is.

For example: if you are found 30% at fault for crossing outside a crosswalk and your damages total $200,000, your net recovery would be $140,000.

Courts and juries assess the full picture. A driver who was speeding, texting, or failed to maintain a proper lookout may bear significant fault even when the pedestrian was not in a crosswalk. The facts of each case determine how fault is allocated.

What If the Driver or Their Insurance Company Blames Me?

It is common for at-fault drivers and their insurers to argue that the pedestrian shares responsibility for the accident. This is a negotiating strategy, not a final legal determination.

Under New York’s pure comparative negligence rules, even if you bear some responsibility, you can still recover — just a reduced amount. The key is having the evidence to support your version of events.

Evidence that matters in disputed-fault cases includes:

• Police accident reports
• Surveillance or traffic camera footage
• Eyewitness testimony
• Accident reconstruction expert reports
• Medical records establishing the nature and timing of injuries

Brett J. Nomberg builds cases by collecting and preserving evidence early. The earlier an attorney is involved, the better the chance of documenting what actually happened.

How Brett J. Nomberg Helps Pedestrian Accident Victims

Brett J. Nomberg has represented injured New Yorkers for decades. His practice focuses on serious personal injury cases, including those involving pedestrians struck by vehicles in New York City and the surrounding area.

When Brett J. Nomberg takes a pedestrian accident case, he and his team:

• Investigate the accident scene and gather all available evidence
• Identify every potentially liable party and insurance policy
• Work with medical professionals to document the full extent of injuries
• Handle all communications with insurance companies so clients can focus on recovery
• Negotiate for maximum compensation and, when necessary, take cases to trial

The Law Office of Brett J. Nomberg, PLLC, handles pedestrian accident cases on a contingency fee basis. There is no fee unless you recover compensation.

For a free consultation, call 212-808-8092 or visit the contact page.

Additional resources from the pedestrian accident practice area:

• Pedestrian Accident Lawyer — Main Hub Page
• Pedestrian Accident Statistics in New York
• Pedestrian Accident Liability and Damages
• Types of Pedestrian Accident Injuries
• What to Do After a Pedestrian Accident
• Pedestrian Accident Causes and Common Injuries

Frequently Asked Questions

What is a pedestrian accident claim in New York?

A pedestrian accident claim is a legal action brought by a person on foot who was struck by a vehicle or injured due to another party’s negligence. In New York, injured pedestrians may seek compensation from the at-fault driver, vehicle owner, a government entity, or other responsible parties depending on the evidence.

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

Most pedestrian accident lawsuits must be filed within three years of the injury date under CPLR § 214. Claims against government entities require a Notice of Claim within 90 days of the accident. Missing either deadline typically bars recovery. Consulting an attorney promptly helps ensure all deadlines are met.

Can I still recover if I was partly at fault?

Yes. New York uses a pure comparative negligence standard. Your compensation is reduced by your percentage of fault, but you can still recover even if you bear a significant share of responsibility. The final allocation of fault depends on the evidence and, if no settlement is reached, a jury’s determination.

What if I was hit by a car outside of a crosswalk?

Being outside a crosswalk can reduce your recovery, but it does not bar your claim. Drivers have a duty to exercise reasonable care and avoid striking pedestrians regardless of location. Courts weigh all circumstances — including the driver’s speed, attentiveness, and compliance with traffic laws — when allocating fault.

What types of compensation are available after a pedestrian accident?

Injured pedestrians in New York may recover medical bills, lost wages, loss of future earning capacity, pain and suffering, and other related losses. The amount recoverable depends on the severity of the injuries, available insurance coverage, and how liability is determined.

Do I need to hire a lawyer after a pedestrian accident?

You are not required to hire an attorney, but pedestrian accident cases often involve disputed fault, multiple insurance policies, and long-term medical consequences. An experienced attorney can gather evidence, protect your rights, and pursue the full compensation available under the law. Brett J. Nomberg offers free consultations and works on a contingency fee basis.

How long does it take to settle a pedestrian accident case in New York?

Settlement timelines vary significantly. Cases with clear liability and documented injuries may resolve in a few months. Cases with disputed fault, serious injuries, or government defendants often take one to three years or longer. There is no universal timeline, and any estimate depends on the specific facts of the case.

Additional Resources

• New York City DOT — Pedestrian Safety
• NHTSA — Pedestrian Safety Data and Resources

Talk to a New York Pedestrian Accident Lawyer

If you or someone you know was injured as a pedestrian in New York, the right legal guidance matters. Brett J. Nomberg and his team are available to review your case at no cost and explain your options in plain terms. Call 212-808-8092 or use the contact page to schedule a free consultation. There is no fee unless you recover. If you have been hurt in a pedestrian accident, do not wait — evidence disappears and deadlines are firm.