Pedestrian Accident Lawyer New York

Crossing a street, walking through a parking area, or standing on a sidewalk should not put a person at risk of being struck by a vehicle, yet pedestrian collisions happen throughout New York’s cities and towns, often leaving the pedestrian with injuries far more severe than those typically sustained by a vehicle occupant. Because a pedestrian has no metal frame or airbags for protection, these incidents frequently involve fractures, head trauma, or worse, and the legal process that follows involves both New York’s fault rules and its no-fault insurance framework. Law Offices Of SRIS, P.C. works with pedestrians across New York who have been struck by vehicles, helping them understand how these overlapping rules apply to a specific case. Call (888) 437-7747 to discuss what happened.

What a Pedestrian Accident Claim Means in New York

A pedestrian struck by a vehicle in New York is generally treated as a covered person for purposes of the state’s no-fault insurance system, meaning that certain medical and related expenses may be available regardless of who caused the collision, subject to the definitions and limits in N.Y. Ins. Law § 5102. To pursue a claim for pain and suffering and other non-economic loss against the driver, a pedestrian generally must show that the injury meets the “serious injury” threshold defined in N.Y. Ins. Law § 5102(d), which lists categories including death, dismemberment, significant disfigurement, a fracture, permanent loss of use of a body organ or system, permanent consequential limitation of use, and significant limitation of use of a body function or system.

Fault allocation in a pedestrian case follows the rule in N.Y. C.P.L.R. § 1411(b), which applies to personal injury actions subject to Insurance Law article 51: a pedestrian whose own fault is found to be greater than the fault of the driver is barred from recovery entirely. This differs from the general pure comparative fault rule under N.Y. C.P.L.R. § 1411(a) that applies outside the motor-vehicle no-fault context, so understanding which rule governs matters when a driver disputes fault, for example by arguing a pedestrian crossed outside a crosswalk or against a signal.

Responsibility for a pedestrian collision often extends beyond the driver personally. Under N.Y. Veh. & Traf. Law § 388, the owner of a vehicle used or operated in New York is generally liable for injuries resulting from negligence in the use or operation of that vehicle by anyone using it with the owner’s express or implied permission. This vicarious liability provision can matter when the driver was not the vehicle’s owner, such as a borrowed car or certain employer-owned vehicles. A pedestrian’s ordinary personal injury claim is generally subject to the three-year limitations period under N.Y. C.P.L.R. § 214(5), and if the collision proves fatal, a separate wrongful death claim may be available under N.Y. E.P.T.L. § 5-4.1, with damages limited to pecuniary losses under N.Y. E.P.T.L. § 5-4.3.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys begin a pedestrian accident matter by working to secure the evidence that tends to disappear quickly after a collision: police reports, witness accounts, traffic camera or nearby business surveillance footage, and the physical scene itself, including crosswalk markings and signal timing where relevant. Because fault disputes are common in pedestrian cases, this early evidence gathering can matter significantly.

The team also works to identify every insurance policy that may apply, including the driver’s liability coverage and, where relevant, coverage tied to a vehicle’s owner under N.Y. Veh. & Traf. Law § 388. Mr. Sris and the firm’s Of Counsel attorneys coordinate with medical providers to document the injury against the serious injury categories in N.Y. Ins. Law § 5102(d), since meeting that threshold is often a necessary step before a pedestrian can pursue a claim for pain and suffering.

Throughout the process, the firm’s Of Counsel attorneys work alongside Mr. Sris to prepare the claim for negotiation or litigation, addressing any argument that the pedestrian’s own conduct contributed to the collision under New York’s comparative fault framework. To discuss a specific pedestrian accident, call (888) 437-7747 to request a consultation.

About the Legal Team

Law Offices Of SRIS, P.C. was founded in 1997. Mr. Sris, the firm’s Owner and Founder, began his legal career as a former prosecutor, an experience that continues to inform how the firm approaches fact investigation in pedestrian and other personal injury matters. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in accounting and information systems from George Mason University has been applied to complex financial and technology-related cases, which can be useful when analyzing surveillance footage, vehicle data, or medical billing records.

Mr. Sris and the firm’s Of Counsel attorneys, who contract directly with the firm, bring additional experience to New York pedestrian accident matters and are described collectively rather than named individually on this page. To schedule time with the team, call (888) 437-7747.

Frequently Asked Questions

Am I covered by insurance even if the driver was not at fault?

New York’s no-fault system generally makes certain medical and related benefits available to a covered pedestrian regardless of fault, subject to the definitions in N.Y. Ins. Law § 5102. Pursuing a claim against the driver for pain and suffering is a separate question that depends on whether the injury meets the statutory serious injury threshold.

What counts as a serious injury after a pedestrian accident?

New York law defines serious injury in N.Y. Ins. Law § 5102(d) through categories including death, dismemberment, significant disfigurement, a fracture, permanent loss of use, permanent consequential limitation of use, and significant limitation of use of a body function or system. Whether a specific injury meets one of these categories depends on the medical evidence in a given case.

What happens if I was partly at fault for the collision?

Pedestrian cases involving a motor vehicle are governed by N.Y. C.P.L.R. § 1411(b), which bars recovery if the pedestrian’s fault is found to be greater than the driver’s fault. If the pedestrian’s fault is not greater than the driver’s, damages are reduced in proportion to the fault assigned rather than barred entirely.

Can the vehicle’s owner be responsible if someone else was driving?

Under N.Y. Veh. & Traf. Law § 388, a vehicle’s owner is generally liable for injuries resulting from negligent use or operation by anyone driving with the owner’s permission, whether express or implied. This can be relevant when the driver borrowed the vehicle or was not its titled owner.

How long do I have to bring a pedestrian accident claim?

An ordinary personal injury claim is generally subject to the three-year period under N.Y. C.P.L.R. § 214(5). If the collision resulted in death, a wrongful death claim carries a separate two-year period under N.Y. E.P.T.L. § 5-4.1, running from the date of death.

Related Pages

• Rear End Accident Lawyer New York
• T Bone Accident Lawyer New York
• Premises Liability Lawyer New York
• Wrongful Death Lawyer New York

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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A pedestrian accident claim is one part of motor vehicle accidents work, and our page on car accident lawyer New York covers the wider process.