Pedestrian Accidents Involving Drunk Drivers in New York

Every year, hundreds of pedestrians are seriously injured or killed on New York’s streets by drivers who should never have been behind the wheel. Alcohol-impaired drivers pose one of the greatest risks to pedestrian safety. When someone chooses to drive drunk and causes harm, the victims deserve answers, accountability, and financial support for their recovery.

If you or someone you love was a pedestrian hit by a drunk driver, you may be able to pursue legal action beyond a typical insurance claim. At Greenspan & Greenspan Injury Lawyers, we help injured pedestrians and grieving families understand their rights and take action against drunk drivers. You do not have to face the legal process alone. Let us walk you through your options.

The Reality of Drunk Driving and Pedestrian Accidents

Drunk driving continues to be a significant cause of traffic injuries and fatalities. Pedestrians are especially vulnerable. Unlike drivers or passengers in vehicles, they have no protection when struck. The results are often devastating, including traumatic brain injuries, spinal cord damage, multiple fractures, internal injuries, or worse.

According to the National Highway Traffic Safety Administration, a significant percentage of pedestrian fatalities nationwide involve alcohol impairment. Every day, around 34 people die in the United States in drunk-driving-related crashes. When a drunk driver hits a pedestrian, the legal implications shift dramatically in favor of the injured individual or their surviving family members.

Is Drunk Driving Automatic Liability?

Drunk driving is a serious crime under New York law. But does intoxication alone make the driver automatically liable in a civil claim?

In some situations, yes. A driver who operates a vehicle under the influence and causes harm could be considered negligent per se—that is, their violation of criminal law also constitutes a breach of civil duty.

Still, winning a civil claim against a drunk driver isn’t automatic. To recover compensation, the victim or their attorney must prove:

• The driver was operating the vehicle while impaired,
• The driver caused the accident, and
• The accident resulted in injuries and damages.

Police reports, breathalyzer results, field sobriety test records, and eyewitness statements all become critical pieces of evidence in a drunk driving pedestrian lawsuit.

What Damages Can Pedestrians Recover After a Drunk Driving Crash?

If you were injured in a pedestrian crash involving an impaired driver, you may be entitled to recover a broad range of damages, including economic, noneconomic, and possibly punitive damages.

Economic damages are the financial losses tied directly to your injuries and treatment. They include:

• Emergency medical expenses,
• Hospital stays and surgical procedures,
• Physical therapy and rehabilitation,
• Prescription medications, and
• Lost wages or diminished earning capacity.

Noneconomic damages reflect the human impact of the crash, such as:

• Pain and suffering,
• Emotional trauma,
• Loss of enjoyment of life, and
• Disfigurement or permanent disability.

In cases involving gross negligence or reckless behavior, New York courts sometimes also award punitive damages. These are not tied to your specific losses. Instead, they are designed to punish the driver and deter similar conduct in the future. While not available in every case, a pedestrian hit by a drunk driver settlement may include punitive damages when the evidence of intoxication is clear and egregious.

Filing a Civil Lawsuit vs. a Criminal Case

It is important to understand that a civil lawsuit is entirely separate from any criminal case the state may pursue against the drunk driver. The prosecutor’s goal is to convict the offender and impose penalties such as jail time, license suspension, or fines. Your civil claim, on the other hand, is focused on securing financial compensation for your injuries and losses.

You do not have to wait for the criminal case to conclude before pursuing a personal injury claim. In fact, starting early allows your legal team to collect vital evidence while it is still fresh and available.

What If the Drunk Driver Was Uninsured or Fled the Scene?

Unfortunately, some impaired drivers flee after a crash or lack valid insurance. If you were a pedestrian hit by an uninsured driver, you still have options. They may include:

• Uninsured Motorist (UM) coverage. If you carry UM coverage through your own auto policy or reside with a family member who does, this may step in to cover your damages.
• Crime victim compensation. New York’s Office of Victim Services provides limited financial support for certain crime victims, including those injured by drunk drivers.
• Lawsuits against third parties: In rare cases, it may be possible to pursue claims against bars, restaurants, or hosts that overserved a visibly intoxicated driver. These are known as “dram shop” or “social host” claims.

An experienced New York car accident attorney can evaluate every available source of compensation and help you pursue all applicable claims.

What About Wrongful Death Claims?

If a pedestrian dies as a result of being struck by an impaired driver, surviving family members may have the right to file a wrongful death claim.

New York’s wrongful death laws are complex and time-sensitive. If your family is dealing with a tragic loss, reaching out to a lawyer early can help protect your legal rights.

How Long Do You Have to File a Drunk Driving Pedestrian Lawsuit?

In New York, the statute of limitations for personal injury cases is typically three years from the date of the accident. For wrongful death claims, the limit is usually two years from the date of death.

However, cases involving municipal vehicles (such as MTA buses) or hit-and-run crashes may have much shorter deadlines. You may be required to file a notice of claim within just 90 days. Missing these deadlines can bar you from seeking compensation.

That is why contacting a pedestrian injury lawyer as soon as possible is essential.

Call Greenspan & Greenspan for Trusted Legal Support

At Greenspan & Greenspan Injury Lawyers, we have helped victims of drunk driving accidents pursue meaningful justice for decades. Since 1959, our firm has earned a reputation across New York for thoughtful, strategic advocacy in even the most serious injury cases.

If you were a pedestrian hit by a drunk driver, let our team help you understand your rights and explore your legal options. We will listen to your story, investigate the circumstances, and work to recover the full compensation you are entitled to under New York law.

Call today to schedule a free, no-obligation consultation with a drunk driving pedestrian accident attorney who truly cares about your future.