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The Scaffold Law · Absolute Liability

Pedestrian Accident Lawyer in New York City

NYC has more pedestrian fatalities than any other major American city, and pedestrian struck-by-vehicle injuries number in the thousands every year. The legal landscape after a pedestrian strike is harsh — but it favors the pedestrian when the case is built carefully. New York’s no-fault system, the serious injury threshold, traffic camera evidence, NYC’s Vision Zero traffic regulations, and the often-clear liability of the driver all combine to produce strong cases for injured pedestrians.

Amparo Law Firm represents pedestrians struck by vehicles in New York City — across the five boroughs and Long Island.
  • Crosswalk strikes with the walk signal. The most common NYC pedestrian accident pattern. Driver makes a turn (often a right-on-red or a left across oncoming traffic) and strikes a pedestrian who has the walk signal. Almost always the driver’s fault.
  • Mid-block strikes outside a crosswalk. More fact-dependent, but often still favorable to the pedestrian if the driver was speeding, distracted, or impaired.
  • Hit-and-runs. Common in NYC. Even without identifying the driver, you have access to MVAIC (Motor Vehicle Accident Indemnification Corporation) and your own UM/UIM coverage.
  • Vehicle-on-sidewalk strikes. Driver loses control, mounts the curb, strikes pedestrians on the sidewalk. Often involves NYC commercial vehicles or impaired drivers.
  • Strikes by commercial vehicles. Delivery trucks, garbage trucks, MTA buses, taxis. Often higher insurance coverage and clearer liability.
  • Strikes during illegal U-turns or other moving violations. NYC traffic violations are often direct evidence of negligence per se.

NYC Vision Zero and traffic regulations

NYC has aggressive traffic regulations under the Vision Zero initiative — speed limits (25 mph default), turn restrictions, daylight enforcement, automated enforcement. A driver’s violation of any of these regulations is often direct evidence of negligence.

NY Insurance Law §5102(d) — Serious injury threshold

Pedestrian cases must meet the serious injury threshold to recover for pain and suffering. Most pedestrian strike injuries clearly meet the threshold (fracture, significant disfigurement, permanent loss of function, etc.). The threshold question is rarely a barrier in serious pedestrian cases.

Comparative fault

New York is a pure comparative negligence state. Even if the pedestrian was partially responsible (jaywalking, distracted), recovery is reduced but not eliminated.

  • The at-fault driver
  • The driver’s employer if the driver was on the job (delivery, rideshare, commercial)
  • The vehicle owner if different from the driver
  • NYC in some Vision Zero cases involving roadway design defects
  • MVAIC in hit-and-run and uninsured cases

Pedestrians struck by vehicles tend to have severe injuries because there’s no protective infrastructure between the body and the vehicle:

  • Traumatic brain injury (often severe)
  • Spinal cord injuries — paraplegia, quadriplegia
  • Multiple complex fractures (lower extremities especially — the “bumper fracture” pattern)
  • Internal organ injuries
  • Fatal injuries — pedestrians make up a disproportionate share of NYC traffic fatalities

 

  1. Call 911 immediately. Get the police report and ambulance.
  2. Get full medical evaluation, including imaging for head and spinal injuries.
  3. Photograph the scene if you or a loved one can — vehicle position, crosswalk markings, traffic signal status, license plates.
  4. Look for traffic camera footage. NYC has thousands of traffic cameras. Evidence of the strike may exist on multiple cameras. We work to preserve and obtain this footage.
  5. Identify witnesses. A pedestrian strike often has multiple witnesses; get their contact info.
  6. Don’t give a recorded statement.
  7. Call us. Pedestrian cases require fast investigation — surveillance footage gets overwritten, witness memories fade.
Learn more about Uber and Lyft cases

Pedestrian cases in NYC sometimes involve federal claims when the defendant is a federal government vehicle, when a federal regulatory question is implicated, or when the case is removed for some reason. More commonly, the federal-court discipline shows up in motion practice, expert workups, and the rigor with which the medical record is built. Bob Amirian’s federal training shapes how the case is developed even when it stays in state court.

 

Same categories. Pedestrian cases involving severe injuries typically generate substantial damages.

Prior results do not guarantee a similar outcome.

Frequently asked questions.

What if I was jaywalking?
Comparative fault applies but does not bar your recovery. You can still recover even if you were partially at fault. We’ve handled many cases where the pedestrian was technically jaywalking.
You may have access to MVAIC coverage and your own UM/UIM coverage. The case is more complicated but it is not lost.
NYC has thousands of cameras — DOT cameras, NYPD cameras, private business cameras, residential Ring cameras. We work fast to obtain and preserve footage.
Three years for personal injury, two for wrongful death. 90-day Notice of Claim against NYC, MTA, or other public entities.
MVAIC and your own UM/UIM coverage typically apply.
Service Area
High-Incident Intersections
Bedford Ave & N 7th St
L-train hub
Metropolitan & BQE on-ramp
Highway access
Broadway & Roebling
Pedestrian-heavy
Williamsburg Bridge approach
Cyclist mix
Driggs Ave & Grand
L-train hub Rear-end zone

If you or a loved one was struck by a vehicle in New York, call us today. The consultation is free.

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