Getting hit by a car in New York shatters your sense of safety in one instant. You face pain, bills, and pressure from insurance companies that hope you stay confused. New York pedestrian accident laws exist to protect you. You need to know how they work. This blog explains who is at fault, how no fault insurance applies, and when you can sue for more money. It also covers deadlines, what evidence you must save, and how your own actions affect your claim. You learn what to say and what to refuse when insurers call. You also see when a personal injury lawyer becomes necessary to protect your rights. You did not choose this crash. You can choose to understand the law and use it to stand up for yourself.
1. First steps after a New York pedestrian crash
Your choices in the first hours shape your claim. Focus on three things.
- Protect your health. Call 911. Get medical care even if you feel “fine”. Many head and joint injuries appear later.
- Protect the record. Call police. Ask that a report be made. Get the report number.
- Protect the proof. Take photos of the scene, your injuries, the car, and traffic signals. Get names and contact details for witnesses.
Next, contact your own auto insurer if you have one. In New York, your own policy often pays first through “no fault” coverage.
2. How New York no fault insurance works for pedestrians
New York is a no fault state for car crashes. This law also helps many pedestrians.
In most cases, the car’s insurance pays your basic crash costs. It does not matter who was at fault for these first benefits.
No fault, also called Personal Injury Protection or PIP, can cover:
- Medical bills from the crash
- A share of lost wages
- Reasonable transport to medical visits
- Some household help if you cannot care for yourself
You must act fast. You usually must file a no fault claim within 30 days of the crash. The New York Department of Financial Services explains no fault rules here: New York No Fault Auto Insurance.
3. When you can step outside no fault and sue
No fault does not pay for pain, fear, or loss of enjoyment of life. To claim those damages, you must show that your injuries meet New York’s “serious injury” rule under Insurance Law 5102.
Examples of “serious injury” include:
- Significant disfigurement such as deep facial scars
- Broken bone
- Loss of a fetus
- Permanent loss or limit of use of a body organ or part
- A medically proven injury that keeps you from usual activities for 90 days in the first 180 days
If you meet this standard, you can sue the at fault driver for:
- Full lost wages and loss of future earning power
- Pain and suffering
- Long term care costs
- Loss of companionship for your spouse in some cases
4. Fault and “comparative negligence” in New York
New York uses pure comparative negligence. This rule means each person is responsible for their share of fault. You can still recover money even if you were partly at fault.
| Example situation | Your share of fault | Driver’s share of fault | Total damages | Your actual recovery |
|---|---|---|---|---|
| You cross in a crosswalk with the walk signal. Driver runs a red light. | 0% | 100% | $200,000 | $200,000 |
| You cross mid block. Driver is speeding and texting. | 30% | 70% | $200,000 | $140,000 |
| You cross against the signal. Driver goes a little over the limit. | 70% | 30% | $200,000 | $60,000 |
The court or insurer reduces your award by your share of fault. This is why the story told by the evidence matters.
5. Key deadlines you cannot miss
New York law sets strict time limits. Missing them can erase your rights.
- No fault claim. Usually 30 days from the crash.
- Standard injury lawsuit. Usually 3 years from the crash.
- Wrongful death claim. Usually 2 years from the date of death.
- Claims against a city or public agency. Often a Notice of Claim must be filed within 90 days. Then you may have 1 year and 90 days to sue.
There are exceptions. For example, if the injured person is a child. You can review New York’s statute of limitations rules through the New York State Unified Court System: Time Limits to Start a Court Case.
6. What to say to insurance companies
After the crash, insurers may contact you fast. Their goal is to limit what they pay. Protect yourself with three clear rules.
- Stay calm and brief. Confirm basic facts like time and place. Do not guess about speed, distance, or fault.
- Do not give a recorded statement without advice. You have the right to say you want to speak with a personal injury lawyer first.
- Do not sign medical releases that give access to your entire history. You can offer records that relate only to the crash.
Write down the date, time, and name of everyone who calls. Keep copies of every letter and email.
7. Proof that helps your claim
Strong proof increases your chance of a fair result. Try to collect and keep:
- Police report and any traffic tickets issued
- Photos and videos from phones or cameras nearby
- Names and statements of witnesses
- Medical records and test results from each visit
- Receipts for medication, transport, and medical devices
- A pain and activity journal that tracks your daily limits
Store all of this in one folder. Back it up in digital form if possible.
8. When to consider a personal injury lawyer
You have the right to handle your claim alone. Yet some signs mean you should think about hiring a lawyer.
- You broke a bone or needed surgery.
- You missed more than a short time from work.
- The insurer blames you or says your injury is “minor”.
- More than one car or a commercial vehicle was involved.
- A child or older adult was hurt.
A lawyer can track deadlines, gather proof, and speak for you. That help can ease pressure when you are trying to heal.
9. Protecting yourself and your family
A sudden crash can shake your sense of control. New York law gives you tools to respond.
- Use no fault benefits to get care and cover early costs.
- Watch deadlines so your right to sue does not fade away.
- Guard your words with insurers and keep strong proof.
You did not choose the driver’s actions. You can choose to learn the rules, ask questions, and demand fair treatment after a New York pedestrian accident.
