Delaying care
Waiting too long to get treatment can make the insurer argue the injuries were not caused by the crash.
When you are a pedestrian hit by a car, the aftermath is overwhelming. You may be left with painful injuries, medical bills, time away from work, and no clear path forward. In those moments of chaos, knowing what to do next can make a significant difference in your recovery, both physically and financially.
This post provides step-by-step medical and legal guidance for pedestrians injured in vehicle collisions in New York. Whether you were walking to work or crossing the street with the light, you have legal rights and options to pursue compensation. Here is what to do after a pedestrian accident.
Pedestrian accident action plan
Hit by a car while walking in New York? What you do next can protect your health and your claim.
After a pedestrian crash, the driver’s insurer may start looking for ways to reduce the claim. Medical care, police reports, scene evidence, no-fault paperwork, and legal guidance all matter from the beginning.
Tap to check each step
Protect my claim
What should you do after being hit by a car as a pedestrian?
Open each step to see what matters most. These steps help protect medical care, no-fault benefits, evidence, and your right to pursue compensation.
1 Call 911 and request medical help
Even if you feel “okay,” internal injuries, concussions, fractures, and spinal trauma may not be obvious right away. Emergency care also creates a medical record.
2 Get the police report number
Tell officers where you were walking, whether you were in a crosswalk, what direction you were heading, and what you observed about the driver.
3 Document the scene
If you are able, photograph the vehicle, license plate, crosswalk, traffic signal, street conditions, injuries, clothing, and nearby cameras or businesses.
4 Continue medical treatment
Follow up with specialists, imaging, physical therapy, or orthopedic care. Treatment gaps can give insurers an excuse to minimize your injuries.
5 Notify insurance and review MV-104
Pedestrians may be eligible for no-fault benefits. If police did not investigate and there was injury or qualifying damage, an MV-104 may also be required.
6 Understand lawsuit rights
If your injuries meet New York’s serious injury threshold, you may be able to pursue compensation beyond no-fault benefits, including pain and suffering.
7 Avoid the driver’s insurer
Do not give a recorded statement, accept an early offer, or sign documents before the claim is reviewed. The insurer’s goal is to limit what it pays.
8 Get legal help early
A pedestrian accident lawyer can secure video, gather witness statements, document injuries, handle insurance calls, and protect important deadlines.
Pedestrian cases can change quickly
Video may be overwritten, witnesses may disappear, treatment gaps can grow, and insurers may pressure you before you understand your full injuries.
Pedestrian evidence builder
Build the file before the driver’s insurer controls the story
The strongest pedestrian accident claims connect the crash scene, medical proof, insurance coverage, and daily-life impact.
Save these records
- ✓Police report number, officer details, driver information, vehicle plate, and witness contacts
- ✓Photos of the crosswalk, traffic signal, signs, street lighting, vehicle damage, clothing, and injuries
- ✓Emergency room records, imaging, specialist notes, prescriptions, therapy records, and medical bills
- ✓Lost wage proof, missed work notes, transportation receipts, and examples of daily activities you cannot do
A Crosswalk and signal proof
Walk signal timing, vehicle turn movement, crosswalk position, and road markings can help prove who had the right of way.
B Camera and witness proof
Nearby businesses, dashcams, traffic cameras, buses, rideshare vehicles, and witnesses may capture the crash or the moments before impact.
C Medical and life-impact proof
Concussions, fractures, spinal injuries, torn ligaments, anxiety crossing streets, and treatment gaps should be carefully documented.
Common mistake check
Do not let these mistakes reduce your pedestrian injury claim
Many injured pedestrians hurt their case without realizing it. These are the issues to avoid after the crash.
Guessing at the scene
Stick to facts when speaking with police. Do not speculate, apologize, or admit partial fault.
Posting online
Social media photos or comments can be used out of context to challenge your pain, limits, or credibility.
Talking to the insurer
Recorded statements, quick offers, and broad authorizations can weaken the case before your injuries are fully known.
Missing no-fault steps
Pedestrians may have no-fault options, but paperwork and deadlines need to be handled correctly.
Waiting too long
Evidence and deadlines matter. Government vehicles or unsafe road conditions may create shorter notice windows.
New York pedestrian accident help
You focus on healing. Greenspan & Greenspan can handle the claim.
From police reports and no-fault benefits to insurance calls, medical proof, video preservation, and lawsuits for serious injuries, the firm helps injured pedestrians protect their recovery from day one.
$30M+
Recovered for injured clients
$800K
Pedestrian knockdown
$700K
Pedestrian knockdown
Past results do not guarantee a similar outcome. Every case depends on the facts, injuries, liability, insurance coverage, medical proof, deadlines, and available evidence.
Step 1: Call 911 and Request Medical Help
Your priority after any pedestrian accident is your health. Even if your injuries seem minor, internal trauma or brain injuries may not be immediately visible. Tell the dispatcher you were hit by a car while walking, and request both police and medical assistance. Seeking care right away documents your injuries and creates a medical record that supports your legal claim.
Step 2: Get a Police Report
In New York, a police report is crucial after a pedestrian accident. When officers arrive, tell them:
- You were a pedestrian hit by a car;
- Where you were located (crosswalk, sidewalk, etc.);
- What direction you were heading; and
- Any observations about the driver (e.g., speeding, distracted, ran a red light).
Avoid guessing or speculating. Stick to facts. Ask for the report number before you leave the scene so that you can obtain a copy later.
Step 3: Document the Scene (If You Can)
If you are physically able, take steps to preserve evidence:
- Photograph the vehicle, including license plate, damage, and position;
- Take photos of your injuries, clothing, and surroundings;
- Get witness names and contact info; and
- Note traffic signals, signage, and street conditions.
These details can help establish liability and support your version of events.
Step 4: Seek Ongoing Medical Treatment
Even if you visited the ER, follow up with your doctor or a specialist. You may need X-rays, MRIs, or referrals to physical therapy or orthopedic care. Many injuries can worsen over time, including:
- Concussions and brain injuries,
- Whiplash or spinal trauma,
- Broken bones,
- Torn ligaments, and
- Psychological trauma (e.g., anxiety crossing streets).
Do not skip appointments. The insurance company can use gaps in treatment to minimize your claim.
Step 5: Notify Your Insurance and File an MV-104
Under New York’s no-fault insurance law, you may be eligible for coverage of medical expenses and lost wages through your auto insurance policy, even as a pedestrian. If you do not own a car, the driver’s policy or a household member’s policy may apply.
If the police did not investigate the scene, you must file an MV-104 report with the New York DMV within 10 days of the accident if there was injury or over $1,000 in property damage. Failure to do so may jeopardize your claim.
Step 6: Understand Your Right to File a Lawsuit
Not every injury qualifies for a personal injury lawsuit in New York. Under state law, you must have sustained a “serious injury” as defined by statute. Serious injuries may include:
- Bone fractures,
- Significant disfigurement,
- Permanent limitation of a body organ or function, or
- Significant limitation of a body function or system.
If you meet these criteria, you may be entitled to file a lawsuit against the at-fault driver for:
- Medical bills beyond no-fault limits,
- Lost income and diminished earning potential,
- Pain and suffering, and
- Future care costs.
A New York pedestrian accident attorney can evaluate your situation and determine whether your injury meets the legal threshold.
Step 7: Avoid Speaking with the Driver’s Insurance Company
Soon after the crash, the at-fault driver’s insurer may contact you. They may seem sympathetic, but their goal is to limit the amount they pay. To protect your claim, remember the following:
- Do not give a recorded statement without speaking to a lawyer first,
- Do not accept an early settlement offer before your treatment is complete, and
- Do not sign any documents without legal review.
The insurer may downplay your injuries or argue that you were partially at fault.
Step 8: Contact a New York Pedestrian Accident Lawyer
Hiring a qualified pedestrian accident attorney can make a significant difference in your case outcome. A lawyer can help:
- Investigate the crash thoroughly;
- Secure video footage and witness statements;
- Work with medical experts to document your injuries;
- Negotiate with insurance companies on your behalf; and
- Take your case to trial, if necessary.
Do not wait too long. In New York, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident. For government vehicles, deadlines are much shorter—sometimes as little as 90 days to file a notice of claim.
What Happens If You Get Hit by a Car While Walking?
Here is a quick breakdown of what happens if you get hit by a car while walking in New York:
- Emergency responders will assess and treat injuries,
- Police will file an accident report,
- You may receive no-fault benefits through insurance (yours or the driver’s),
- You may be eligible to file a lawsuit if you suffered serious injuries, and
- An attorney can help you pursue maximum compensation.
Understanding these pedestrian accident steps helps you protect your health and legal rights from the start.
Common Mistakes to Avoid as a Pedestrian Hit by a Car
Pedestrian accidents can be legally complex. Many victims unknowingly hurt their chances of a fair settlement by making these mistakes:
- Delaying medical treatment or not following the doctor’s treatment plan;
- Posting on social media about the accident or your injuries;
- Admitting fault at the scene, even partially;
- Failing to document the scene; and
- Not contacting a lawyer soon enough.
Avoid these missteps by following the guidance above and getting trusted legal support.
Can I Still Get Compensation if I Was Jaywalking or Partially at Fault?
Many pedestrians mistakenly believe that if they were crossing outside of a crosswalk, looking at their phone, or crossing against a “Don’t Walk” signal, they cannot pursue a claim. This is a myth.
New York is a comparative negligence state (CPLR § 1411). This means you can still recover compensation even if you were partially at fault for the accident up to 51%. However, your final financial award will be reduced by your percentage of fault. For example, if a court determines you were 20% at fault for jaywalking, but the driver was 80% at fault for speeding, you can still recover 80% of your total damages. On the other hand, if it is determined that you are more at fault than the other parties involved, you will not be allowed to recover damages. Never assume you do not have a case just because you made a mistake—always have an attorney review the facts.
Understanding Pedestrian Right-of-Way Laws in New York
Establishing liability requires proving that the driver violated traffic safety laws. Two key statutes protect New York pedestrians:
- Vehicle and Traffic Law (VTL) § 1151: This law dictates that drivers must yield the right of way to pedestrians crossing the roadway within a marked crosswalk or an unmarked crosswalk at an intersection.
- Vehicle and Traffic Law (VTL) § 1146: This statute mandates that all drivers must exercise “due care” to avoid colliding with any pedestrian on the road. It specifically notes that drivers must sound their horns when necessary to warn pedestrians of their approach.
A driver’s failure to adhere to these statutes serves as strong evidence of negligence in a personal injury claim, even if the driver attempts to claim they “just didn’t see you.”
Speak with a Trusted New York Pedestrian Accident Lawyer
If you were hit by a car while walking in New York, you do not have to figure things out alone. At Greenspan & Greenspan, we have been standing up for injured New Yorkers since 1959. Our attorneys take the time to understand your situation and guide you through every step, whether you’re dealing with hospital bills, time off work, or calls from insurance companies.
Call us today or contact us online for a free consultation. We are ready to fight for you.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Entitlement to first party benefits, N.Y. Ins. Law § 5103 (2022).
- Report required upon accident, N.Y. Veh. & Traf. Law § 605 (2025).
- Definitions, N.Y. Ins. Law § 5102 (2023).
- New York State Department of Motor Vehicles, Report of Motor Vehicle Crash.
- New York State Unified Court System, Statute of Limitations.
FAQs
Who pays my medical bills if I am hit by a car as a pedestrian in New York?
Under New York’s No-Fault insurance system, the auto insurance policy of the driver who struck you is primarily responsible for paying your initial medical bills and lost wages up to $50,000, regardless of who was at fault. To receive these benefits, you must file a No-Fault application (Form NF-2) within 30 days of the accident.
Can I sue if I was hit while jaywalking or crossing outside a crosswalk?
Yes. Under New York’s pure comparative negligence law (CPLR § 1411), you can still recover compensation even if you were partially at fault for the accident—such as crossing against a light or outside a marked crosswalk. Your total financial award will simply be reduced by your percentage of fault. A skilled attorney can help minimize the blame placed on you and maximize your settlement.
How long do I have to file a pedestrian accident lawsuit in New York?
For most personal injury cases in New York, the statute of limitations to file a lawsuit against a private driver is three years from the date of the accident (CPLR § 214). However, if you were struck by a government-owned vehicle—such as an MTA bus, a sanitation truck, or a municipal vehicle—you must file a Notice of Claim within just 90 days. Missing these strict deadlines usually permanently bars you from seeking compensation.
What if I was the victim of a hit-and-run pedestrian accident?
If the driver fled the scene or was uninsured, you can often seek compensation through the Uninsured Motorist (UM) coverage on your own auto insurance policy or that of a relative in your household. If you do not have auto insurance in your household, you can file a claim through the Motor Vehicle Accident Indemnification Corporation (MVAIC). To qualify for MVAIC, the hit-and-run must be reported to the police within 24 hours.
What qualifies as a “serious injury” under New York law?
Because New York is a No-Fault state, you cannot sue an at-fault driver for “pain and suffering” unless your injuries meet the legal threshold for a “serious injury” (New York Insurance Law § 5102). This includes bone fractures, significant disfigurement, or a permanent limitation of a body organ or member.
