New York City Pedestrian Accident Lawyer

Every day, millions of people walk through New York City’s streets, crosswalks, and intersections, and every day, some of them get struck by vehicles whose drivers were not paying attention, driving too fast, or simply failing to yield. A New York City pedestrian accident lawyer handles the aftermath of some of the most severe injuries that personal injury law sees. When a person on foot meets a car, truck, or bus, the physics are unforgiving. Broken bones, traumatic brain injuries, spinal cord damage, internal bleeding, and permanent disability are common outcomes. Wrongful death is not rare.

New York City’s built environment creates conditions that make pedestrian accidents predictable, even if individual crashes feel sudden. High-speed arterials like Queens Boulevard, the Cross Bronx Expressway service roads, Atlantic Avenue in Brooklyn, and stretches of Broadway in upper Manhattan have long histories of pedestrian fatalities. Delivery vehicles double-parking and forcing pedestrians into traffic, ride-share drivers making abrupt turns while distracted, and truck drivers with large blind spots all contribute to a collision environment unlike anywhere else in the country. Understanding how these crashes happen, who bears legal responsibility, and what a claim can recover is the foundation of any serious pursuit of justice after a pedestrian strike.

Mark David Shirian P.C. represents victims of serious injury and catastrophic accidents across New York City and throughout New York State. Attorneys Mark D. Shirian and Shawn D. Shirian approach every case with the combination of careful analysis and determined advocacy that cases involving life-altering injuries require. If you or a family member has been struck while walking, the legal process ahead is consequential, and it starts with understanding your options clearly.

What Happens to Pedestrian Injury Claims Under New York Law

New York follows a pure comparative fault system, which means a pedestrian’s recovery is reduced by whatever percentage of fault is attributed to them, but it is not eliminated. Even if an insurance adjuster argues that you were jaywalking, crossing against the light, or distracted by your phone, you can still recover compensation. The question is how the fault is divided, not whether a claim exists at all. This matters enormously in pedestrian cases because defendant drivers, fleet operators, and their insurers routinely push back with claims that the pedestrian caused or contributed to the accident.

New York’s Vehicle and Traffic Law establishes clear duties for drivers at crosswalks and intersections. Drivers must yield to pedestrians in marked and unmarked crosswalks, must not pass vehicles that have stopped for a pedestrian, and must exercise due care to avoid hitting anyone on foot. When drivers violate these duties, the legal basis for liability is well-established. The harder work in pedestrian accident litigation is often documentation: who had the light, what the surveillance footage shows, how fast the vehicle was traveling, whether the driver was using a phone, and what the driver said immediately after impact.

New York also has a no-fault insurance framework, but pedestrians are treated differently than occupants of vehicles. A pedestrian struck by a motor vehicle is generally entitled to make a no-fault claim through the owner’s insurer of the vehicle that hit them. That no-fault coverage provides initial medical benefits and some lost wage replacement. However, for serious injuries under New York’s threshold definitions, which include fractures, significant disfigurement, permanent limitation of use of a body organ or member, and substantial full disability for at least 90 days, you can step outside the no-fault system and pursue a full personal injury lawsuit against the at-fault driver. Pedestrian accidents routinely meet those thresholds.

Common Situations That Lead to Pedestrian Injuries in New York City

• Failure to yield at crosswalks: Drivers turning left or right through an intersection frequently focus on vehicle traffic and fail to see or yield to pedestrians with the right of way, one of the leading causes of pedestrian fatalities in all five boroughs.
• Commercial truck and delivery vehicle strikes: Large vehicles including 18-wheelers, box trucks, and delivery vans have wide blind spots, particularly on the right side, and drivers who fail to check before making turns create deadly hazards for people on foot in dense commercial corridors.
• Ride-share and taxi door zone accidents: Vehicles stopping abruptly in traffic lanes or bike lanes to drop off passengers push pedestrians into unexpected danger, and sudden door openings can knock cyclists or walkers directly into moving traffic.
• Bus strikes and MTA vehicle incidents: MTA buses are large, heavy, and operate on fixed routes through some of New York’s busiest pedestrian zones. Claims against the MTA and other government entities involve special notice requirements and shorter filing deadlines that differ from standard personal injury claims.
• Hit and run accidents: A driver who flees the scene is not necessarily the end of a legal claim. New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC) exists specifically to provide compensation to accident victims when the at-fault vehicle is unidentified or uninsured, though specific eligibility steps apply.
• Sidewalk and defective property hazards: When a pedestrian is knocked off a curb by a vehicle onto a defective sidewalk, or when a dangerous property condition contributes to the injury, multiple parties including property owners and the City of New York may share liability.
• School zone and construction zone accidents: Areas near active construction sites present compounded risks, with construction vehicles, obstructed sightlines, and altered traffic patterns that increase pedestrian vulnerability significantly.

Why Mark David Shirian P.C. Handles These Cases Differently

Founded in 2016 by Attorney Mark D. Shirian, Mark David Shirian P.C. built its personal injury practice around the principle that results come from careful preparation and assertive representation, not from processing cases in volume and settling quickly. The firm has recovered millions on behalf of clients across its practice areas and brings that same commitment to pedestrian accident cases, where the injuries are severe and the stakes are correspondingly high.

Attorney Shawn D. Shirian works alongside Mark D. Shirian as Senior Associate, meaning clients receive attention from attorneys who are actually engaged with their cases rather than delegated entirely to support staff. Client reviews reflect themes that matter in high-stakes injury litigation: close attention to detail, hard work throughout the process, and communication that keeps clients informed rather than in the dark. When you are dealing with serious medical treatment, lost income, and uncertainty about your long-term recovery, having counsel that keeps you in the loop is not a luxury; it is a basic requirement.

Pedestrian accident cases in New York City often involve multiple insurance policies, corporate defendants such as fleet operators or employers of negligent drivers, government entity claims with special procedural requirements, and disputes about injury severity that require strong medical documentation. A pedestrian injury attorney in New York who treats every case as its own legal problem, rather than fitting it into a standard template, is better positioned to identify all available sources of recovery and build the evidence that matters for settlement or trial.

What to Do After a Pedestrian Accident in New York City

The actions taken in the hours and days after a pedestrian accident have real consequences for the strength of a legal claim. If you are physically able after a collision, document everything you can at the scene. Photograph the vehicle that struck you, the intersection or location, skid marks, traffic signals, crosswalk markings, and any visible injuries. Collect the driver’s name, license plate, and insurance information. Get names and contact information from any witnesses, because eyewitnesses who saw the vehicle fail to yield are valuable and become harder to locate as time passes.

Call 911. A police report creates an official record of where the accident occurred, what the driver said, and whether any traffic violations were observed. NYPD handles most pedestrian accident scenes within the five boroughs, and the corresponding accident report can be requested through the New York City Police Department’s records division. That report is often the first document an injury attorney will review.

Seek medical care immediately, even if you believe your injuries are minor. Adrenaline masks pain, and some serious injuries, including traumatic brain injuries, internal bleeding, and soft tissue damage, do not present fully until hours or days after the accident. The gap between the accident and your first medical visit is a detail that insurance companies use to argue that injuries were not serious or were caused by something other than the collision. Hospitals throughout the city, including major trauma centers, are equipped to evaluate and document pedestrian accident injuries thoroughly.

There are critical deadlines to understand. For standard claims against private parties and their insurers, New York’s statute of limitations for personal injury is three years from the date of the accident. However, if any government entity is potentially at fault, including the City of New York, the MTA, or any other public authority, you must file a notice of claim within 90 days of the accident before a lawsuit can proceed. Missing that 90-day window can bar a claim against a government defendant entirely. Supreme Court in the relevant borough handles pedestrian accident litigation; for example, Kings County Supreme Court handles cases arising in Brooklyn, and Bronx County Supreme Court handles cases from the Bronx. An attorney can identify immediately whether any government entities are involved and whether the abbreviated notice-of-claim timeline is triggered.

Questions People Ask About Pedestrian Accident Claims in New York City

What compensation can a pedestrian accident victim recover in New York?

Recoverable damages in a New York pedestrian accident case typically include past and future medical expenses, lost wages and diminished earning capacity, pain and suffering, and loss of enjoyment of life. In cases involving wrongful death, surviving family members may pursue a separate wrongful death claim covering funeral expenses, lost financial support, and conscious pain and suffering experienced before death.

How long does a pedestrian accident lawsuit take to resolve in New York City?

Cases vary considerably. Some settle within months of filing once liability is clear and medical treatment has concluded. Others, particularly those involving disputed fault, serious injuries with ongoing treatment, or government entity defendants, can take two to four years through the court system. New York City courts, including Supreme Court in Manhattan, Brooklyn, the Bronx, Queens, and Staten Island, each have their own docket management timelines that affect case progression.

The driver who hit me was uninsured. Does that end my claim?

Not necessarily. New York’s Motor Vehicle Accident Indemnification Corporation, known as MVAIC, was specifically created to compensate pedestrians and others injured by uninsured or unidentified hit-and-run drivers. There are eligibility requirements and procedural steps, including timely filing, that must be followed to access MVAIC compensation. An attorney can walk you through whether your situation qualifies and handle the necessary filings.

Can I file a claim against the City of New York if I was hit in a crosswalk that had a defective or malfunctioning traffic signal?

Potentially yes. If a malfunctioning or improperly maintained traffic signal contributed to the accident, the City of New York may bear partial responsibility. However, claims against the City require a notice of claim filed within 90 days of the accident, and additional procedural steps apply. These claims are more complex than standard driver-versus-pedestrian cases and require attention from the outset.

What if the driver claims I stepped out suddenly and they had no time to react?

This is one of the most common defenses in pedestrian accident litigation. New York’s comparative fault system means the defense does not eliminate your claim; it potentially reduces it by whatever percentage of fault is attributed to you. The outcome depends on evidence: surveillance footage from nearby businesses or traffic cameras, witness accounts, physical evidence from the scene, and the driver’s own prior statements. Strong factual documentation is what counters these arguments.

I was hit by a delivery vehicle. Is the driver’s employer also responsible?

In many cases, yes. Under New York law, an employer can be held liable for the negligent acts of an employee acting within the scope of their employment. If a delivery driver, truck driver, or driver employed by any company struck you while working, the employer and potentially the vehicle owner may be additional defendants. This matters because corporate defendants often carry higher insurance policy limits than individual drivers.

My child was hit by a car on the way to school. Is the claim handled the same way?

The basic legal framework is the same, but there are important procedural differences. Minors cannot file lawsuits on their own behalf in New York; a parent or guardian brings the action on their behalf. Additionally, the statute of limitations for a minor’s personal injury claim is tolled, meaning it does not run until the child turns 18. That said, prompt action still matters for evidence preservation and, if a government entity is involved, the 90-day notice of claim requirement still applies even for minors in certain circumstances.

Is it worth pursuing a claim if the driver had minimal insurance coverage?

This depends on whether other sources of recovery exist. Umbrella policies, the vehicle owner’s separate coverage (which may differ from the driver’s), underinsured motorist coverage through your own auto or household policy, employer liability if the driver was working, and third-party premises liability are all avenues that a thorough review of the facts can uncover. The minimum insurance limits under New York law are low relative to the damages that serious pedestrian injuries produce, which is why identifying every available coverage source matters.

What if I was partially in the road outside of a marked crosswalk when I was hit?

This scenario typically involves a comparative fault argument by the defense. While crossing outside a crosswalk may contribute to an allocation of some fault to the pedestrian, it does not automatically bar recovery under New York’s pure comparative fault system. Drivers still owe a duty of care to pedestrians anywhere on or near a roadway, and the question becomes how fault is apportioned between the driver and the pedestrian based on all of the circumstances.

How does no-fault insurance work for a pedestrian struck in New York City?

A pedestrian who is struck by a covered motor vehicle is generally entitled to no-fault Personal Injury Protection (PIP) benefits through the insurer of the vehicle that struck them. These benefits cover reasonable and necessary medical treatment and a portion of lost earnings up to the applicable policy limit, regardless of who was at fault for the accident. No-fault benefits do not cover pain and suffering, and they do not prevent you from pursuing a separate lawsuit if your injuries meet New York’s serious injury threshold.

Pedestrian Accident Representation Across New York City and Beyond

Mark David Shirian P.C. represents pedestrian accident clients throughout all five boroughs and the broader New York metropolitan area. In Manhattan, the firm serves clients from Midtown, the Financial District, Harlem, Washington Heights, the Upper East Side, the Upper West Side, Hell’s Kitchen, Chelsea, SoHo, and Tribeca. In Brooklyn, representation extends across Flatbush, Crown Heights, Brownsville, Bay Ridge, Sunset Park, Park Slope, Williamsburg, Bushwick, Canarsie, and East New York. The firm handles cases arising in the Bronx neighborhoods of Mott Haven, Fordham, Pelham Bay, Tremont, Highbridge, and Co-op City, as well as Queens communities including Jamaica, Flushing, Astoria, Jackson Heights, South Ozone Park, Woodhaven, and Far Rockaway. Staten Island clients in St. George, New Dorp, Stapleton, and Tottenville are also served. Beyond the five boroughs, the firm extends its pedestrian accident attorney services to clients in Westchester County, Nassau County, and other parts of New York State where serious pedestrian accidents have occurred.

Pedestrian accidents are not confined to predictable corridors. They happen in residential neighborhoods, near schools, on commercial strips, and in areas that have seen little prior incident. Wherever in New York City or New York State a client was struck, the legal principles and the firm’s approach remain consistent: careful case evaluation, thorough evidence development, and determined pursuit of appropriate compensation.

Speak With a New York City Pedestrian Accident Attorney About Your Case

Pedestrian accident claims involve real legal complexity, real medical stakes, and real insurance battles. A New York City pedestrian accident attorney at Mark David Shirian P.C. can evaluate what happened, identify who is responsible, and lay out what a realistic path to compensation looks like for your specific situation. Attorneys Mark D. Shirian and Shawn D. Shirian handle these cases with the same assertive, detail-focused approach that has produced millions in recoveries for clients across New York. There are no fees unless a recovery is made.

Contact Mark David Shirian P.C. today to schedule a confidential case evaluation. The sooner your legal team begins preserving evidence, identifying applicable notice deadlines, and building your claim, the stronger your position will be. Reach out now to speak directly with a pedestrian injury attorney in New York who will listen, assess your situation honestly, and tell you where things stand.