What to Do After a Pedestrian Accident in New York

After a pedestrian accident in New York, the steps you take in the hours and days that follow directly affect both your medical recovery and your ability to pursue compensation. Evidence disappears quickly. Surveillance footage gets overwritten. Witnesses move on. Insurance companies begin building their defense before you have had a chance to speak with anyone on your side. Brett J. Nomberg has represented injured pedestrians throughout New York City for decades. This page provides a clear, step-by-step guide to protecting yourself after a pedestrian accident — at the scene, in the days that follow, and when dealing with insurance companies and the legal process.

Summary: The Most Important Things to Do After a Pedestrian Accident

After a pedestrian accident in New York, your two immediate priorities are medical evaluation and evidence preservation. Seek emergency care on the day of the accident even if you feel relatively well — injuries including traumatic brain injuries, internal bleeding, and spinal damage frequently do not produce obvious symptoms right away. A same-day medical record is one of the most important pieces of evidence connecting your injuries to the crash.

At the same time, document everything you can while the scene is accessible. Photograph the vehicle, the road, crosswalk markings, traffic signals, and any visible injuries. Collect the driver’s name, license plate, and insurance information. Get witness contact details. Call 911 and wait for a police report to be generated. Do not give any recorded statement to the driver’s insurance company before speaking with an attorney. Every one of these steps has a direct impact on the strength of a pedestrian accident claim.

New York law imposes strict deadlines on pedestrian accident claims. Most lawsuits must be filed within three years of the accident date under CPLR § 214. Claims against government entities — the City of New York, the MTA, or any other public agency — require a Notice of Claim within 90 days. Missing either deadline typically ends the right to any recovery. For a full explanation of how these deadlines work, see the Pedestrian Accident FAQ.

Step 1: Call 911 and Stay at the Scene

The first call after any pedestrian accident should be to 911. A police response accomplishes several things at once. Officers document the crash location, identify the driver, record witness information, note any observable traffic violations, and generate a police report that becomes a foundational piece of evidence in any future claim.

Under New York Vehicle and Traffic Law § 600, a driver involved in an accident that results in injury is legally required to stop, remain at the scene, and provide their information. If the driver flees — a hit-and-run — report the vehicle’s description, color, make, model, and any partial plate information to the responding officers. New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC) provides a mechanism for injured pedestrians to seek compensation in hit-and-run cases where the driver cannot be identified. Brett J. Nomberg can advise on whether MVAIC applies to your situation. For more on how liability is determined in various crash scenarios, see Pedestrian Accident Liability and Damages.

While waiting for police to arrive, move to safety if you are able to do so without worsening any injuries. If you suspect a neck or spinal injury, do not move unless remaining in place puts you in immediate danger. Wait for emergency medical personnel to assist.

Step 2: Seek Medical Evaluation Immediately

This is the single most important step after calling 911. Seek emergency medical evaluation on the same day as the accident — at the scene from EMS, at an emergency room, or from an urgent care provider. Do not wait to see how you feel over the next few days.

The reasons are both medical and legal. Medically, several of the most serious pedestrian accident injuries do not produce immediate, obvious symptoms:

• Traumatic brain injuries — including concussions and intracranial hemorrhage — may initially present as mild disorientation or headache before worsening significantly.
• Internal bleeding from organ lacerations can progress without visible external injury. Splenic and liver lacerations are among the most dangerous delayed presentations.
• Spinal injuries — including herniated discs and vertebral fractures — may produce limited symptoms initially due to post-injury swelling patterns.
• Soft tissue injuries to muscles, tendons, and ligaments frequently intensify over 24 to 72 hours as inflammation develops.

Legally, the timing of your first medical visit matters significantly. Insurance companies routinely argue that a gap between the accident and first medical treatment means the injuries either did not occur or were caused by something other than the crash. A same-day or next-day medical record eliminates that argument. For a full breakdown of the injuries that most commonly follow a pedestrian accident and how they affect a legal claim, see Pedestrian Accident Injury Types.

Continue attending all scheduled medical appointments and follow your treating physician’s recommendations. Gaps in treatment after the initial visit can be used by the defense to argue that your injuries resolved or were not as serious as claimed. Consistent medical care both supports your recovery and protects your claim.

Step 3: Document the Scene

If you are physically able to do so safely, document the accident scene before anything changes. The scene will be cleared, vehicles will move, weather will alter road conditions, and traffic will resume. What exists in the minutes immediately after a pedestrian accident may not exist an hour later.

Photograph or video the following:

• The vehicle that struck you — all angles, including the license plate, front end damage, and position relative to the crosswalk or road markings
• The road surface — skid marks, debris, crosswalk paint, lane markings, and any road defects
• Traffic signals and signage — their state at the time of the crash if observable
• Your visible injuries — cuts, bruising, road rash, torn clothing
• The surrounding environment — intersection layout, sight lines, nearby businesses or cameras that may have captured the crash
• Weather and lighting conditions

Note the locations of any surveillance cameras — on storefronts, traffic poles, ATMs, parking facilities, and transit infrastructure. Footage from these sources can be decisive in establishing what happened, but it must be requested and preserved quickly. Many systems overwrite footage within 24 to 72 hours. Brett J. Nomberg sends evidence preservation letters to businesses and city agencies at the outset of every case to prevent this from occurring.

Step 4: Collect Driver and Witness Information

Before the driver leaves the scene, collect the following:

• Full name and address
• Driver’s license number
• License plate number and vehicle registration
• Insurance company name and policy number
• Phone number

If the driver is employed and was operating a company vehicle at the time, note the name of the employer and any identifying markings on the vehicle. Employer information can be significant when pursuing a claim under the doctrine of respondeat superior, which holds employers liable for the negligence of employees acting within the scope of their employment. This is particularly relevant in collisions involving delivery vehicles, rideshare drivers, taxi operators, and commercial fleets. See Pedestrian Accident Liability and Damages for more on employer liability.

Collect the names and phone numbers of any bystanders who witnessed the collision. Witness accounts are among the most persuasive forms of evidence when fault is disputed. Witnesses who are not involved in the accident have no stake in the outcome and are generally viewed as credible by insurers and juries alike. Ask them to stay until police arrive if possible, but at minimum get their contact information before they leave.

Step 5: Get the Police Report Number

Ask the responding officers for the police report number before they leave the scene. This allows you or your attorney to obtain the full report once it has been filed. The police report is a critical document — it records the officer’s observations, identifies the parties involved, notes any citations issued at the scene, and provides an official account of the crash circumstances.

In New York City, crash reports filed by NYPD can be obtained through the NYPD online portal or in person. Outside of New York City, reports are filed with the applicable local police department or New York State Police. Your attorney can obtain this report on your behalf as part of the initial case investigation.

If the responding officer observed any traffic violations — a red light run, failure to yield, evidence of impairment — those observations in the report create strong, independent support for your liability argument. For an explanation of how traffic law violations translate into legal negligence, see Pedestrian Accident Causes and Common Injuries.

Step 6: Do Not Speak to the Driver’s Insurance Company

In the days following a pedestrian accident, the at-fault driver’s insurance company will likely contact you. They may present themselves as helpful, express concern for your wellbeing, and ask you to provide a recorded statement about what happened. Do not do this before speaking with an attorney.

Insurance adjusters are trained professionals whose job is to limit their company’s financial exposure. A recorded statement taken before you have had a chance to consult with legal counsel gives the insurer an opportunity to lock you into an account of events that may not fully reflect the extent of your injuries or the driver’s fault. Statements made in the immediate aftermath of a collision — when you may be in shock, in pain, or unaware of the full extent of your injuries — can be used to undermine your claim later.

You are not legally required to give a recorded statement to the at-fault driver’s insurer. New York’s No-Fault system requires you to cooperate with your own No-Fault carrier — but that is a separate obligation from speaking to the adverse insurer. Contact Brett J. Nomberg before responding to any insurance company outreach. Once an attorney is involved, all communications from the adverse insurer are directed through the attorney’s office. For more on how New York’s No-Fault system works and what it covers, see Pedestrian Accident Liability and Damages.

Step 7: File a No-Fault Insurance Claim

New York is a No-Fault state. Under New York Insurance Law § 5102, injured pedestrians are entitled to Personal Injury Protection (PIP) benefits from the at-fault driver’s auto insurance policy regardless of who caused the accident. These benefits cover reasonable and necessary medical expenses and up to 80 percent of lost wages — capped at $2,000 per month for up to three years.

A No-Fault claim must be filed within 30 days of the accident. Missing this deadline can result in denial of No-Fault benefits. Your attorney can file this claim on your behalf and ensure it is submitted correctly and on time. No-Fault benefits are the first layer of compensation and are available regardless of fault — they do not require you to prove that the driver was negligent. They do not, however, cover pain and suffering. Recovering non-economic damages requires meeting the serious injury threshold under § 5102(d) and pursuing a separate personal injury claim. The New York Department of Financial Services provides additional information on No-Fault coverage and how to file.

Step 8: Keep Records of Everything

From the day of the accident forward, keep organized records of everything related to your injuries and recovery. This documentation forms the evidentiary basis of your damages claim and should be maintained throughout the entire claims process.

Records to keep include:

• Medical records and bills — every visit, every provider, every prescription, every diagnostic test
• Lost wages documentation — pay stubs, employer verification letters, tax returns if self-employed, and a log of days missed from work
• Out-of-pocket expenses — transportation to medical appointments, home care assistance, medical equipment, and any other costs directly caused by the injury
• A symptom journal — a daily log of your pain levels, functional limitations, activities you cannot perform, and how the injury affects your daily life. This journal supports non-economic damages for pain and suffering and loss of enjoyment of life.
• Correspondence — every communication from insurance companies, including letters, emails, and notes from phone calls with the date, time, and name of the person you spoke with

Do not post about the accident, your injuries, or your recovery on social media. Defense attorneys and insurance investigators routinely review the social media profiles of claimants. A photograph of you at a social event or a post describing an activity can be taken out of context and used to argue that your injuries are not as limiting as claimed.

Step 9: Contact a Pedestrian Accident Attorney

The earlier an attorney is involved after a pedestrian accident, the better positioned you are to preserve evidence, meet critical deadlines, and build a complete picture of what happened and what it has cost you. Brett J. Nomberg can be retained immediately — and at no cost unless you recover compensation.

When Brett J. Nomberg takes a pedestrian accident case, the investigation begins right away:

• Evidence preservation letters are sent to businesses, transit agencies, and city departments to secure surveillance footage before it is overwritten
• The police report and all available crash data are obtained and reviewed
• Witnesses are identified and interviewed while their recollections are fresh
• No-Fault claims are filed on time and managed throughout the process
• All communications from the adverse insurance carrier are handled through the firm
• Medical experts and, where needed, accident reconstruction specialists are engaged to document the full scope of harm
• Government entity involvement is evaluated and, when present, Notice of Claim filings are made within the 90-day deadline

Pedestrian accident cases in New York involve multiple overlapping deadlines, insurance layers, and liability questions. Having an experienced attorney manage this process from the start protects your rights at every stage. For an overview of who can be held liable and what compensation is available, see Pedestrian Accident Liability and Damages. For a full explanation of the injuries that may be involved and their legal significance, see Pedestrian Accident Injury Types.

Special Situations: When Additional Steps Apply

If a Government Vehicle Was Involved

If the vehicle that struck you was operated by a city agency, the MTA, the New York State Department of Transportation, or any other government entity, a Notice of Claim must be filed within 90 days of the accident under General Municipal Law § 50-e. This is a strict procedural requirement — missing it typically bars any claim against that entity entirely. Contact Brett J. Nomberg immediately if a government vehicle was involved.

If the Driver Left the Scene

In a hit-and-run accident, collect and report as much information about the vehicle as possible — color, make, model, partial plate, and direction of travel. File a police report and notify your own auto insurance carrier if you have one. New York’s MVAIC program may provide compensation when the at-fault driver cannot be identified. Your own Supplementary Uninsured Motorist (SUM) coverage may also apply. An attorney can evaluate all available sources of compensation in a hit-and-run scenario. For more on the causes and circumstances of these collisions, see Pedestrian Accident Causes and Common Injuries.

If the Accident Involved a Defective Road or Intersection

If a missing crosswalk, broken signal, inadequate lighting, or other road defect contributed to the crash, a government entity may share liability for your injuries. These cases require prompt investigation of maintenance records and prior complaints — and they require a Notice of Claim within 90 days. Do not wait to contact an attorney if road conditions played any role in what happened.

If a Family Member Was Killed

If a pedestrian died as a result of their injuries, surviving family members may bring a wrongful death claim under New York Estates, Powers and Trusts Law § 5-4.1. This claim must be filed within two years of the date of death. Recoverable damages include the decedent’s lost future earnings, medical expenses incurred before death, funeral costs, and the value of services the deceased would have provided to the family. See Wrongful Death Claims in New York for more information.

Frequently Asked Questions

What should I do immediately after being hit by a car in New York?

Call 911, stay at the scene, and seek emergency medical evaluation as soon as possible — that day. Collect the driver’s name, license plate, and insurance information. Photograph everything at the scene you can safely reach. Do not give any recorded statement to any insurance company before speaking with a pedestrian accident attorney. Contact Brett J. Nomberg for a free consultation.

Do I need to call the police after a pedestrian accident in New York?

Yes. A police report is essential evidence. It documents the driver’s identity, crash circumstances, and any traffic violations observed at the scene. In New York, drivers are legally required to stop and remain at the scene when a pedestrian is injured under Vehicle and Traffic Law § 600. If the driver flees, the police report also initiates the hit-and-run investigation and is required to access MVAIC benefits.

What if I feel fine after a pedestrian accident — do I still need to see a doctor?

Yes — always. Traumatic brain injuries, internal bleeding, and spinal injuries frequently produce no obvious symptoms immediately after a collision. Seeking medical evaluation on the day of the accident creates a medical record connecting your injuries to the crash. A gap in treatment — even a few days — gives insurance companies grounds to dispute causation. For more on which injuries commonly present with delayed symptoms, see Pedestrian Accident Injury Types.

Should I give a statement to the driver’s insurance company?

No — not before speaking with an attorney. You are not legally required to give a recorded statement to the adverse insurer. Insurance adjusters are trained to ask questions that can be used to minimize your claim or shift fault to you. Contact Brett J. Nomberg before responding to any insurance company outreach. Once retained, all adverse insurer communications are handled through the firm.

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

Three years from the date of injury for most claims under CPLR § 214. Claims against government entities require a Notice of Claim within 90 days of the accident. The No-Fault claim must be filed within 30 days of the accident. Missing any of these deadlines can permanently bar recovery. See the Pedestrian Accident FAQ for a full breakdown of applicable deadlines.

What evidence should I collect after a pedestrian accident?

Collect the driver’s full name, license plate, driver’s license number, insurance company, and policy number. Photograph the vehicle, road markings, traffic signals, your visible injuries, and the surrounding environment. Get the names and contact details of any witnesses. Note the locations of nearby surveillance cameras. Keep all medical records, bills, and documentation of missed work from the date of the accident forward. Everything you collect strengthens the evidentiary foundation of a pedestrian accident claim.

Talk to Brett J. Nomberg After a Pedestrian Accident

The steps you take after a pedestrian accident shape everything that follows — the strength of your claim, the evidence available to support it, and the compensation you are ultimately able to recover. Brett J. Nomberg represents injured pedestrians throughout New York on a contingency fee basis. There is no fee unless you recover. Call 212-808-8092 or use the contact page to schedule a free consultation as soon as possible after the accident.