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Mark David Shirian PC: Brooklyn Pedestrian Accident Lawyer
Assertively Fighting for the Rights of Our Clients
New York City Personal Injury Lawyer / Brooklyn Pedestrian Accident Lawyer

Brooklyn Pedestrian Accident Lawyer

Brooklyn’s streets are some of the busiest in the country. From the congested intersections of Flatbush Avenue to the delivery corridors around the Brooklyn Navy Yard, pedestrians share space with trucks, rideshares, cyclists, and commuters who are not always paying attention. When a vehicle strikes a person on foot, the injuries are almost never minor. Broken bones, traumatic brain injuries, spinal damage, and internal trauma are common outcomes, and the road to recovery, medically and financially, can stretch for years.

A Brooklyn pedestrian accident lawyer does something specific: builds and pursues a liability claim against the party or parties responsible for what happened to you. That means gathering evidence before it disappears, working with medical experts to document your injuries and their long-term impact, and negotiating with insurance companies that have every incentive to pay as little as possible. It also means knowing when to take a case to court rather than accept a settlement that falls short of what a victim actually needs.

At Mark David Shirian P.C., attorneys Mark D. Shirian and Shawn D. Shirian handle pedestrian accident claims in Brooklyn and throughout New York City. The firm’s approach is direct: assess the case carefully, understand what the client needs moving forward, and fight for it. No padding. No delay. No settlements that leave clients exposed.

What Pedestrian Accident Cases in Brooklyn Actually Involve

  • Failure to yield at crosswalks: New York law requires drivers to yield to pedestrians in marked and unmarked crosswalks, but violations at intersections along Atlantic Avenue, Fulton Street, and Flatbush Avenue are frequent causes of serious injury claims.
  • Distracted and inattentive driving: Drivers focused on phones, GPS systems, or in-vehicle entertainment routinely fail to see pedestrians stepping off curbs, crossing mid-block, or walking through intersections with the right of way.
  • Delivery vehicle and commercial truck collisions: Brooklyn’s dense commercial districts bring a constant flow of large vehicles whose blind spots and wide turning radii create dangerous conditions for pedestrians, particularly children and older adults.
  • Rideshare and taxi pickup zone accidents: Drivers pulling over abruptly or blocking crosswalks in areas near Downtown Brooklyn, Atlantic Terminal, and Borough Hall create hazards that lead to pedestrian knockdowns.
  • Speeding in residential neighborhoods: Drivers cutting through neighborhoods like Bay Ridge, Ditmas Park, and Canarsie to avoid traffic on main roads often exceed safe speeds on streets where children play and seniors walk.
  • Dangerous road and sidewalk conditions: When poorly maintained crosswalk signals, missing signage, or hazardous road surfaces contributed to an accident, the City of New York or another government entity may bear liability alongside the driver.
  • Left-turn and right-turn collisions: Turning vehicles represent one of the most consistent dangers to pedestrians in Brooklyn because drivers are often watching for gaps in traffic rather than checking for foot traffic in the crosswalk.

Why Hire Mark David Shirian P.C. for Your Brooklyn Pedestrian Injury Claim

Mark David Shirian P.C. was founded in 2016 with a single purpose: to help people who have been wronged. Since then, the firm has recovered millions on behalf of clients across New York, handling cases with the resources and strategic depth of a larger firm while maintaining the individualized attention that defines a boutique practice. Attorneys Mark D. Shirian and Shawn D. Shirian work directly with clients from the start, not associates or paralegals acting as intermediaries.

Client reviews consistently highlight two things: how hard the attorneys work and how informed clients feel throughout the process. Pedestrian accident cases involve medical timelines, insurance coverage disputes, and liability arguments that move quickly. Having attorneys who communicate clearly and actually push the case forward matters. The firm has been featured in the news for its work on high-profile cases, a reflection of both its advocacy and its willingness to take on claims that require persistence and creativity. For someone who was hit by a vehicle in Brooklyn and is now trying to manage medical bills, lost income, and an uncertain future, that kind of representation is not a luxury. It is what the situation requires.

Critical Decisions to Make After a Pedestrian Knockdown in Brooklyn

The period immediately after a pedestrian accident involves decisions that will directly shape whether a claim succeeds. One of the most important is where you get medical care and how quickly. Brooklyn has several major trauma centers, including NYU Langone Hospital Brooklyn and Kings County Hospital Center. Going to the emergency room the same day matters both for your health and for the legal record. Insurance adjusters treat gaps in medical treatment as evidence that injuries were not serious, regardless of the actual circumstances.

A police report is essential. If officers responded to the scene, you are entitled to obtain a copy of the report. If a report was not filed at the scene, you can file one at the local NYPD precinct covering the area where the accident happened. Brooklyn has several precincts, and knowing which one covers the intersection or block where you were struck can speed this process up. That report documents the driver’s information, any witness statements officers collected, and the officer’s initial observations about fault.

New York has a three-year statute of limitations for personal injury claims, but there are critical exceptions. If any part of your claim involves the City of New York, a city agency, or a city employee, you must file a Notice of Claim within 90 days of the accident. Missing that deadline can permanently bar a claim against a government defendant, even if the city’s negligence contributed directly to what happened to you. This is one of the most common and costly mistakes in pedestrian accident cases, and it is not correctable after the fact.

Document everything you can. Photographs of the scene, your injuries, the vehicle, and any relevant road conditions should be captured as soon as possible. Surveillance cameras along commercial corridors in Brooklyn can provide footage that proves exactly what happened, but that footage is typically overwritten within days. A pedestrian accident attorney in Brooklyn who moves quickly can send a preservation letter or take legal steps to secure that footage before it is gone. Waiting even a week can mean that critical evidence no longer exists.

New York’s no-fault insurance system means that your own auto insurance, or the vehicle owner’s policy if you have none, will cover initial medical expenses regardless of fault. But no-fault coverage has dollar limits and does not compensate for pain and suffering, lost future earning capacity, or the full extent of long-term care costs. To recover those damages, you need to establish a claim against the at-fault driver, and that requires proving liability, which is where legal representation becomes necessary rather than optional.

What Damages Can Be Recovered in a Brooklyn Pedestrian Accident Case

Pedestrian accident injuries tend to be severe because there is nothing between the human body and a vehicle moving at speed. That severity translates into a wide range of compensable losses. Medical expenses are the most obvious starting point: emergency care, surgeries, hospitalization, rehabilitation, physical therapy, and any ongoing treatment costs projected into the future. A claim that does not account for future medical needs will leave a victim short when those costs arrive.

Lost income matters too, including not just the wages missed during recovery but the long-term impact on earning capacity if the injuries affect the type of work a person can do. Someone who performs physical labor and sustains a spinal injury faces a different economic picture than an office worker with the same injury, and damages calculations in a Brooklyn pedestrian accident claim should reflect those specific circumstances.

New York law also allows recovery for pain and suffering, which encompasses the physical pain from the injuries themselves and the emotional toll of dealing with the accident’s aftermath, including anxiety, depression, post-traumatic stress responses, and loss of the ability to engage in activities that mattered before the accident. These are real losses that deserve real compensation, and documenting them properly requires thoughtful legal work throughout the case. In cases involving extreme recklessness, punitive damages may also be available, though they apply in a narrower range of situations.

Questions People Ask About Brooklyn Pedestrian Accident Claims

Can I recover damages if I was crossing outside a crosswalk when I was hit?

Possibly. New York uses a comparative fault system, which means your compensation can be reduced by your percentage of responsibility, but you are not completely barred from recovery even if you share some fault. Whether and to what degree a pedestrian bears fault for crossing mid-block depends on the specific circumstances, including the driver’s speed, visibility conditions, and whether the driver had time to avoid the collision.

What if the driver who hit me was uninsured or left the scene?

Hit-and-run accidents and collisions involving uninsured drivers are handled through the Motor Vehicle Accident Indemnification Corporation in New York, which exists specifically to compensate pedestrians and other victims who cannot recover from an at-fault driver’s insurance. There are strict reporting and filing requirements for MVAIC claims, and missing them can jeopardize your recovery. An attorney familiar with this process can navigate those requirements correctly.

How long does a pedestrian accident case typically take to resolve in Brooklyn?

Cases where liability is clear and injuries, while serious, have a defined end point can sometimes settle within a year or two. Cases involving catastrophic or permanent injuries, disputed liability, or government defendants tend to take longer, sometimes several years if litigation is necessary. Kings County Supreme Court handles major personal injury cases from Brooklyn, and litigation timelines there reflect the court’s overall docket volume. Your attorney should give you realistic expectations based on the specific facts of your case, not optimistic generalizations.

Does New York’s no-fault system limit what I can recover from the driver who hit me?

No-fault coverage handles initial medical bills and a portion of lost wages, but to sue the at-fault driver directly for pain and suffering and other non-economic damages, your injuries must meet New York’s “serious injury” threshold. Pedestrian accidents frequently produce injuries that meet or far exceed this threshold, including fractures, significant limitation of use of a body function, and permanent consequential limitation. An attorney evaluates whether your injuries qualify and pursues the claim accordingly.

Can I sue New York City if a broken traffic signal or dangerous crosswalk contributed to my accident?

Yes, but the process is different from suing a private driver. Claims against the City of New York require filing a Notice of Claim within 90 days of the accident. This is a strict deadline with very limited exceptions. The notice must describe the nature of the claim, the location, and the injuries. A lawsuit cannot proceed without this step, and courts take the deadline seriously. Acting quickly after any accident involving potentially defective city infrastructure is essential for this reason.

What if the vehicle that hit me was a city bus or MTA vehicle?

Claims involving MTA buses or other MTA vehicles are governed by different rules than ordinary negligence claims against private drivers. The MTA is a public authority and claims against it follow a specific procedural path, including its own notice filing requirements. These cases require prompt attention because the timelines for preserving your right to sue are compressed.

Will I have to go to court, or do most cases settle?

Most personal injury cases, including pedestrian accident claims, resolve through settlement before trial. However, a willingness to take a case to court if necessary is what creates leverage in settlement negotiations. Insurance carriers are more likely to offer fair value when they know the opposing attorney is prepared to litigate. The goal is always to reach the best outcome for the client, whether that happens at the negotiating table or in a courtroom.

Can I still file a claim if my injuries did not appear until days after the accident?

Yes. Some injuries, particularly soft tissue damage, nerve injuries, and concussions, do not produce obvious symptoms immediately. The statute of limitations runs from the date of the accident, not from when symptoms appear, so waiting to seek medical attention and legal advice is still inadvisable. But delayed onset of symptoms does not automatically defeat a claim, particularly when medical records document the connection between the accident and the injury.

Is it worth pursuing a claim if I was a tourist or non-resident visiting Brooklyn when the accident happened?

Absolutely. New York law does not require a victim to be a New York resident to pursue a personal injury claim arising from an accident in this state. Non-residents are entitled to the same legal protections and compensation as residents. The claim is filed in New York courts because that is where the accident happened, and the same procedural rules and damages frameworks apply.

What happens to my compensation if I was also injured in a way that a pre-existing condition made worse?

New York’s eggshell plaintiff doctrine protects accident victims with pre-existing conditions. A driver who causes an accident takes the victim as found, meaning a defendant cannot escape liability simply because a pre-existing condition made the injuries more severe than they would have been for a healthier person. Defendants and their insurers frequently argue that pre-existing conditions caused the damage, and having medical experts who can clearly explain the distinction between a pre-existing condition and the new injury caused by the accident is critical to addressing this argument effectively.

Serving Brooklyn Pedestrian Accident Clients Across the Borough and Beyond

Mark David Shirian P.C. represents pedestrian accident victims from across Brooklyn and the broader New York metropolitan area. This includes clients from Downtown Brooklyn, Park Slope, Crown Heights, and Flatbush, as well as residents of Brownsville, East New York, Canarsie, and Flatlands. The firm also handles cases arising from accidents in Bay Ridge, Sunset Park, Borough Park, and Bensonhurst. Clients from Williamsburg, Greenpoint, Bushwick, and Bed-Stuy have all sought representation here, as have individuals from Carroll Gardens, Cobble Hill, Boerum Hill, and Red Hook. The firm’s reach extends beyond Brooklyn into Manhattan, Queens, the Bronx, Staten Island, and the surrounding areas of New York State.

No matter where in Brooklyn or the greater New York area your accident occurred, the firm is prepared to take on your case and pursue full recovery for your losses.

Speak With a Brooklyn Pedestrian Accident Attorney Today

Pedestrian accident victims in New York face a narrow window to preserve evidence, file notices where government defendants are involved, and build the strongest possible case. A Brooklyn pedestrian accident attorney at Mark David Shirian P.C. can evaluate your claim, explain your options clearly, and move forward on your behalf without delay. Contact the firm today for a confidential case evaluation and find out what your case may be worth.

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