Can You Sue for a Pedestrian Accident in New York?

pedestrian crossing road

Among the most devastating types of accidents, pedestrian accidents are also far from uncommon. You should strongly consider speaking with an experienced New York City car accident lawyer if you have sustained injuries from a pedestrian accident. To help cover the cost of your medical bills, lost wages from not being able to return to work and other expenses, our firm can fight for the financial compensation you deserve and need to recover from your accident. Some questions you may have about pedestrian accidents include:

What could cause a pedestrian accident in New York?

Any number of factors may lead to a pedestrian accident. For instance, motorists might not see pedestrians if sidewalk construction obstructs their view or the pedestrian is wearing dark clothing at night. Sometimes, pedestrians fail to observe the rules and regulations of the road. Nonetheless, driver negligence causes the majority of pedestrian accidents. Some of the most common causes of pedestrian accidents include:

  • Driving under the influence of drugs or alcohol
  • Driving while distracted, i.e. calling or texting
  • Speeding
  • Ignoring traffic lights or signs
  • Driving while fatigued

What should you do after a pedestrian accident in New York?

Together with a skilled New York City personal injury lawyer, you should document important evidence, such as:

  • Statements of any witnesses, particularly witnesses who have no relationship to you
  • Photographs or video, including red-light cameras, traffic cameras or security cameras from neighboring businesses
  • Skid marks, to indicate the location of impact
  • Cell phone records, showing that the negligent driver was talking on a cell phone or texting at the time of the accident

How do you prove a pedestrian accident claim in NY?

To receive financial compensation for your accident, you and your lawyer must show by a preponderance of the evidence that:

  • The defendant had a duty to protect you, i.e. by driving safely
  • The defendant breached that duty by texting, talking on the phone, drinking alcohol or engaging in some other unsafe activity
  • You suffered actual harm or injury, and
  • The defendant’s actions or inaction was the proximate cause of your injury

What is the statute of limitations for pedestrian accidents in New York?

In the State of New York, you usually have three years, from the date of the underlying accident, to sue the responsible party. If you wait any longer than that, you will forever lose the right to hold the defendant accountable and receive financial compensation for your injuries.

Our firm is here to help you, so please do not hesitate to speak with us today.


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