Hit By a Car as a Pedestrian in New York?
Free consultation. No obligation. Exposed below is everything you need to know.
Being struck by a car, truck, or bus as a pedestrian is one of the most traumatic experiences a person can endure. In New York — one of the most pedestrian-heavy states in the country — these accidents occur with alarming frequency, leaving victims with serious injuries, overwhelming medical bills, and deep uncertainty about what comes next. If you were hit by a motor vehicle while walking in New York, you may be entitled to substantial medical benefits and compensation under state law.
New York's No-Fault insurance system extends powerful protections to pedestrians. When a pedestrian is struck by a motor vehicle, they are generally covered under the vehicle's No-Fault policy — regardless of who caused the accident. This means you may qualify for up to $50,000 in benefits to cover medical treatment, lost wages, and other necessary expenses, even if you do not own a car or carry any auto insurance yourself. However, the 30-day deadline to seek treatment and file a claim applies, and missing it could jeopardize your benefits.
Gotham Injury is dedicated to helping pedestrian accident victims across New York access the medical care they may need — quickly and at potentially no out-of-pocket cost. When you call us at (646) 770-0988, we work to connect you with experienced specialists who understand the unique severity of pedestrian injuries and who accept No-Fault and lien-based billing. Our goal is to get you into treatment as soon as possible so you can begin the recovery process.
Pedestrian Rights and No-Fault Coverage in New York
New York law provides strong protections for pedestrians who are injured by motor vehicles. Under the state's No-Fault insurance system (Insurance Law Section 5102), a pedestrian struck by a car, truck, bus, or any other motor vehicle is generally considered a "covered person" under that vehicle's insurance policy. This means you may access Personal Injury Protection (PIP) benefits of up to $50,000 to cover medical treatment, lost earnings (up to $2,000 per month), and other reasonable and necessary expenses arising from the accident. Critically, these benefits are available regardless of who was at fault. Even if you stepped into the street outside of a crosswalk or against a traffic signal, you may still qualify for No-Fault coverage. The system was designed to ensure that accident victims receive prompt medical attention without waiting for fault to be determined. Beyond No-Fault benefits, pedestrians who are injured by negligent drivers may also have the right to pursue a third-party personal injury lawsuit seeking compensation for pain and suffering, full lost wages, and medical costs that exceed the $50,000 No-Fault limit. However, to bring such a claim, you generally must demonstrate that you suffered a "serious injury" as defined by New York Insurance Law Section 5102(d) — which includes fractures, permanent limitations of a body organ or member, significant disfigurement, and other qualifying conditions. The vast majority of pedestrian accident injuries meet this threshold given the severity of the forces involved.
Crosswalk Accidents, Jaywalking, and Comparative Negligence
One of the most common questions pedestrian accident victims ask is whether their location at the time of the accident — in a crosswalk, outside a crosswalk, or against a traffic signal — affects their right to compensation. The answer is nuanced. While pedestrians generally have the right of way in marked crosswalks when they have a walk signal, New York's pure comparative negligence rule means that even pedestrians who were jaywalking or crossing against a signal may still pursue a claim. Under comparative negligence (CPLR Section 1411), your potential recovery is reduced by your percentage of fault, but it is not eliminated. For example, if you were crossing mid-block and a speeding driver struck you, a jury might find you 20 percent at fault for jaywalking and the driver 80 percent at fault for speeding. You could still potentially recover 80 percent of your total damages. This is a significant protection — many other states use a modified comparative negligence system that bars recovery entirely if you are 50 percent or more at fault. New York drivers have a legal duty to exercise due care to avoid striking pedestrians, regardless of where the pedestrian is walking. Factors such as the driver's speed, whether they were distracted or impaired, visibility conditions, and whether they had time to stop are all relevant to determining fault. The circumstances of your specific accident matter far more than whether you were technically in a crosswalk.
Common Injuries in Pedestrian Accidents
Pedestrian accidents are among the most dangerous types of traffic collisions because the human body is completely unprotected against the mass and speed of a motor vehicle. Even at relatively low speeds, a car striking a pedestrian can cause devastating injuries. Lower extremity injuries — including fractures of the legs, ankles, knees, and pelvis — are the most common, often resulting from the initial point of impact as the vehicle's bumper strikes the pedestrian at or below waist height. These fractures frequently require surgical repair with plates, screws, or rods, followed by months of physical therapy and rehabilitation. Traumatic brain injuries are a leading cause of death and long-term disability in pedestrian accidents. When a pedestrian is struck by a vehicle, they are often thrown onto the hood or windshield, or onto the pavement, causing their head to strike a hard surface. Concussions, skull fractures, brain contusions, and diffuse axonal injuries can result in cognitive deficits, personality changes, chronic headaches, and permanent disability. Spinal cord injuries — including herniated discs, vertebral fractures, and in severe cases, partial or complete paralysis — can fundamentally alter a victim's quality of life. Internal injuries to the chest and abdomen, including rib fractures, punctured lungs, and damage to the spleen, liver, and kidneys, may not produce obvious symptoms immediately but can be life-threatening. Deep lacerations, facial trauma, dental injuries, and degloving injuries (where skin is separated from underlying tissue) are also disturbingly common. The severity of these injuries underscores why prompt, specialized medical evaluation is so critical after a pedestrian accident.
Hit-and-Run Pedestrian Accidents and Your Options
Hit-and-run accidents are particularly devastating for pedestrian victims, who may be left seriously injured on the side of the road with no immediate way to identify the responsible driver. Unfortunately, hit-and-run incidents involving pedestrians are not uncommon in New York, particularly in densely populated urban areas. If you find yourself in this situation, the first priority is your safety and health — call 911, request medical assistance, and file a police report. Try to remember and document any details about the vehicle that struck you, and ask bystanders if anyone witnessed the incident or captured video. Even when the responsible driver cannot be identified, New York law provides avenues for pedestrian victims to access medical benefits. If you have your own auto insurance policy, your uninsured motorist coverage may apply. If you do not have auto insurance, you may be eligible for benefits through the Motor Vehicle Accident Indemnification Corporation (MVAIC). MVAIC is a state-created entity that functions as a safety net for victims of accidents involving uninsured or unidentified drivers. MVAIC may provide No-Fault medical benefits as well as additional compensation in qualifying cases. The application process has specific requirements and deadlines, so seeking guidance promptly is important. Gotham Injury can help connect you with medical providers who accept MVAIC coverage and assist you in understanding the steps you may need to take.
How Gotham Injury Helps Pedestrian Accident Victims
Gotham Injury is a medical referral service — not a law firm — that specializes in connecting pedestrian accident victims in New York with experienced healthcare providers. We understand that being hit by a vehicle is a life-altering event, and that the physical, emotional, and financial toll can feel insurmountable. Our mission is to make the medical side of your recovery as straightforward as possible. When you call us at (646) 770-0988, our team evaluates your injuries and works to schedule you with appropriate specialists — often on the same day. Our network includes orthopedic surgeons, neurologists, neurosurgeons, physical therapists, pain management specialists, and rehabilitation doctors who have extensive experience treating the severe injuries that pedestrian accidents produce. These providers accept No-Fault insurance, MVAIC, and lien-based billing, which means you may be able to receive comprehensive, multidisciplinary care without any upfront out-of-pocket costs. We coordinate your appointments across specialties so you do not have to manage the logistics of your own care while recovering from serious injuries. We ensure that your medical records thoroughly document the nature, extent, and cause of your injuries — documentation that is critical both for your ongoing treatment and for any insurance or legal claim you may pursue. Gotham Injury serves pedestrian accident victims across all five boroughs and throughout New York State. If you or a loved one was hit by a vehicle while walking, do not wait. Call us today for a free, no-obligation consultation. The sooner you begin treatment, the better your chances of a full recovery — and the stronger your position to access the benefits you may be entitled to under New York law.
Frequently Asked Questions
Yes. Under New York law, pedestrians who are struck by a motor vehicle are generally considered covered persons under the vehicle's No-Fault insurance policy. This means the driver's auto insurance may be required to cover your medical expenses, a portion of your lost wages, and other reasonable costs — up to $50,000 — regardless of who was at fault for the accident. You do not need to have your own auto insurance to qualify for these benefits.
Jaywalking does not automatically bar you from recovering compensation in New York. The state follows a pure comparative negligence rule, which means your potential recovery may be reduced by your percentage of fault, but you are not disqualified from seeking damages. For example, if you were jaywalking and a court determines you were 25 percent at fault, you could still potentially recover 75 percent of your total damages. No-Fault benefits are available regardless of fault.
If you were the victim of a hit-and-run as a pedestrian, call 911 immediately and file a police report. Try to note any details about the vehicle — make, model, color, license plate number, direction of travel. Seek medical treatment right away. Even if the driver is never found, you may still be able to access No-Fault benefits through the Motor Vehicle Accident Indemnification Corporation (MVAIC), which covers victims of uninsured and hit-and-run drivers in New York.
In New York, the at-fault driver's No-Fault insurance policy is generally the primary source of coverage for your medical bills after a pedestrian accident. These benefits may cover up to $50,000 in medical expenses. If your costs exceed the No-Fault limit, your own health insurance may provide additional coverage. If you pursue a personal injury lawsuit, you may also seek compensation for medical expenses beyond what No-Fault covers. Many medical providers in Gotham Injury's network accept lien-based billing, meaning you may not need to pay out of pocket while your case is being resolved.
For No-Fault benefits, you generally must seek medical treatment within 30 days of the accident and file your application promptly. For a personal injury lawsuit, the statute of limitations in New York is generally three years from the date of the accident. However, if the vehicle that hit you was owned or operated by a government entity (such as a city bus or government vehicle), you may need to file a Notice of Claim within 90 days. Acting quickly is always advisable to preserve your rights.
Pedestrian accidents tend to produce severe injuries because the human body has no protection against the force of a motor vehicle. Common injuries include broken bones (particularly in the legs, pelvis, and ribs), traumatic brain injuries and concussions, spinal cord injuries, internal organ damage, knee and hip injuries, deep lacerations, and facial trauma. In high-speed collisions, catastrophic injuries including paralysis and amputations may occur. Many of these injuries require extensive medical treatment, rehabilitation, and long-term care.
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