Walking is how many Bronx residents get to work, school and the subway. It is also one of the most dangerous ways to move through a crowded borough. Pedestrians have no protection against a moving vehicle, so even low-speed impacts can cause broken bones, head injuries and long recoveries. If a driver hit you, here is how New York law approaches fault and compensation.
Drivers Owe Pedestrians a Duty of Care
New York law requires drivers to yield to pedestrians crossing in a crosswalk and to use due care to avoid hitting anyone on foot. That duty applies even when a pedestrian crosses somewhere they should not. A driver who is speeding, texting, turning without looking or driving impaired can be held responsible. New York City’s default speed limit is 25 mph, and exceeding it is common evidence of negligence.
Common Pedestrian Accident Situations in the Bronx
- A driver turning left or right through a crosswalk while the walk signal is on
- Drivers running red lights or stop signs on busy roads such as Fordham Road, Tremont Avenue and the Grand Concourse
- Vehicles backing out of driveways, garages and parking lots
- Buses, delivery vehicles and trucks with large blind spots
- Hit-and-run drivers who leave the scene
What If You Were Partly to Blame?
Insurers often argue the pedestrian was not paying attention or crossed mid-block. New York follows pure comparative negligence. Your compensation is reduced by your share of fault, but you are not barred from recovering unless you were entirely responsible. A pedestrian found 25% at fault, for example, can still recover 75% of the damages.
What to Do After Being Hit
- Call 911 and get medical attention. Ask the police to prepare a report.
- Document everything. Photograph the intersection, signals, skid marks, your injuries and the vehicle.
- Collect information. Get the driver’s license, plate and insurance, plus witness contacts.
- Look for cameras. Nearby stores, buses and traffic cameras may overwrite footage within days, so ask early.
- Follow your treatment plan. Gaps in treatment are used against injured people.
- Do not accept a quick settlement. Early offers rarely account for future medical needs.
How Insurance Works for Pedestrians in New York
Pedestrians are usually covered by no-fault insurance, either through the policy on the vehicle that hit them or their own household policy. No-fault can cover medical expenses and a portion of lost earnings regardless of fault, and an application generally must be submitted within 30 days of the accident. To pursue compensation for pain and suffering from the driver, your injuries must meet New York’s serious injury threshold.
If the driver fled or had no insurance, uninsured motorist coverage may help. Our page on uninsured driver accidents explains how.
Compensation You May Be Able to Recover
- Medical bills, surgery, physical therapy and future care
- Lost income and loss of earning capacity
- Pain and suffering
- Loss of enjoyment of life
- In a fatal accident, a wrongful death claim by the family, which generally must be filed within two years
Why Evidence Fades Quickly
Pedestrian cases turn on small facts, such as the signal phase, the driver’s speed and where you were in the crosswalk. Video, vehicle data and witness memories all disappear. A lawyer can send preservation letters and gather this evidence while it still exists.
Get Help From a Bronx Pedestrian Accident Lawyer
Kevin Kohn and the Kohn Law Firm have represented injured Bronx residents for more than 30 years. Learn more about our pedestrian accident representation or call 718-409-1200 for a free consultation. There is no fee unless we recover compensation for you.
FAQ
Can I file a claim if the driver was never found? Possibly. Uninsured or hit-and-run claims may be available through your own policy.
Do I need a lawyer if I only have minor injuries? Symptoms can appear later, and insurers use early statements against you. A free consultation costs nothing and clarifies your options.
How long do I have to sue? Generally three years from the date of the accident, with shorter deadlines if a government vehicle or agency is involved.
Attorney Advertising. Prior results do not guarantee a similar outcome. This article is general information, not legal advice.