How Much Compensation Can You Get for a Pedestrian Accident in New York?
When a pedestrian is struck by a vehicle, the injuries are often catastrophic, and the path to justice can feel overwhelming. But to pursue compensation, one element is essential: fault. You must prove who caused the crash and why they should be held responsible.
In New York, fault determines liability. And liability determines who pays. Whether you were injured in a crosswalk, on the shoulder, or in a parking lot, understanding how to prove pedestrian accident fault is key to protecting your rights and recovering financial compensation.
If a Car hits a Pedestrian, Who Is at Fault Matters
New York is a no-fault insurance state when it comes to auto accidents, but only up to a point. After a car accident, the injured person’s own insurance typically covers initial medical expenses and lost wages, regardless of fault. However, if your injuries are severe enough to meet the state’s threshold, you may pursue a personal injury lawsuit. To do that, you must establish the other party’s negligence.
Without clear proof of who caused the crash, your claim for damages, such as medical bills, future care needs, or pain and suffering, could be denied or significantly reduced.
Can a Pedestrian Be at Fault?
Yes, pedestrians can share responsibility for an accident. While motorists have a legal duty to yield in many situations, pedestrians also have obligations under New York law. Ignoring crosswalk signals, jaywalking, or walking while impaired can lead to partial or complete fault in some cases.
In New York, comparative negligence rules apply. That means your percentage of fault may reduce your compensation. For example, if you were awarded $100,000 in damages but found 30% responsible, you would receive $70,000.
Understanding these dynamics is essential. Do not assume that the driver is always 100% at fault. And do not assume you have no case if you made a mistake. Even partial liability does not prevent you from pursuing compensation.
How to Prove Negligence in a Pedestrian Crash
To recover damages in a pedestrian injury claim, you must prove the driver was negligent. That means showing:
- The driver owed you a duty of care;
- They breached that duty through reckless or careless actions;
- That breach caused the accident; and
- You suffered damages as a result.
This legal framework may sound straightforward. But proving each element requires evidence, and the insurance company is unlikely to take your word for it. You need to present a compelling case that leaves little room for doubt.
Key Evidence That Can Help Prove NY Pedestrian Liability
When building a pedestrian accident claim, evidence is your greatest asset. Here are some of the most critical types.
1. Police Reports
A police report provides an official account of the crash, including statements from those involved and any citations issued. While not the final word on fault, it can support your version of events and point to the driver’s negligence.
2. Eyewitness Testimony
Bystanders who saw the crash happen can offer neutral accounts that back up your claim. Their statements are especially useful if liability is disputed.
3. Traffic and Surveillance Camera Footage
In many areas of New York, intersections are monitored by traffic or security cameras. Footage can show whether the pedestrian had the right of way or if the driver ran a light, failed to yield, or was speeding.
4. Vehicle Damage and Accident Scene Photos
Photos of the crash scene, crosswalk markings, skid marks, and damage to the vehicle can all help reconstruct what happened. These visuals can be powerful in showing the point of impact and the force involved.
5. Cell Phone Records
If the driver was distracted, such as texting or making a call, their phone records could prove it. Distracted driving is a growing factor in pedestrian accidents.
6. Medical Records and Expert Testimony
Your medical records will document the extent and timing of your injuries. In more complex cases, accident reconstructionists or medical experts may be brought in to link the injuries directly to the crash.
What If the Driver Flees the Scene?
Hit-and-run pedestrian accidents are unfortunately common. If the driver who hit you leaves the scene, it does not mean you are without options.
You may be able to pursue compensation through:
- Your own uninsured motorist coverage (if you own a vehicle);
- A household family member’s auto insurance policy; or
- The Motor Vehicle Accident Indemnification Corporation (MVAIC), which provides coverage in certain cases for uninsured or unidentified vehicles.
However, these routes come with strict deadlines and documentation requirements. Prompt legal guidance is essential.
What To Do After a Pedestrian Accident
In the moments and days following a crash, your actions can shape the outcome of your case. Here are the key steps to take:
- Call 911. Get medical help and ensure the accident is officially documented.
- Gather information. If you are able, collect the driver’s name, plate number, and insurance details.
- Take photos. Snap images of the scene, your injuries, and anything else that seems relevant.
- Speak to witnesses. Get names and contact information.
- Seek medical care. Even if injuries seem minor, get checked out. Some trauma takes days to manifest.
- Avoid giving statements. Do not speak to insurance companies before speaking to a lawyer.
- Consult a pedestrian accident attorney. An experienced legal team can handle the investigation, preserve evidence, and advocate for full compensation.
Taking these steps early can help your recovery, both medical and financial, start on the right path.
Get Trusted Legal Help from a Firm That Knows New York Pedestrian Law
At Greenspan & Greenspan, we understand what is at stake after a pedestrian accident. You may be facing months of medical care, missed work, and a long road to recovery. Insurance companies often look for ways to shift blame or minimize payouts, but we do not let them.
Our attorneys know New York’s pedestrian laws, how to investigate crashes thoroughly, and what it takes to hold negligent drivers accountable. From securing surveillance footage to working with trusted accident reconstructionists, we know how to build strong cases from the ground up.
If you have questions about pedestrian accident fault, we are here to guide you every step of the way.
If you were injured as a pedestrian, let us help you build a strong foundation for your claim and hold the right party accountable. Contact us today to speak directly with a New York pedestrian accident lawyer who will take your case seriously from day one.
