New York Pedestrian Accident Lawyer
If you’ve been hit by a car while walking, you’re likely facing a painful and confusing road ahead — medically, emotionally, and legally. You may be unsure of who is responsible, how you’ll pay your medical bills, or whether you need a lawyer. At Billy Cooper Law, we represent pedestrians injured by negligent drivers and fight to ensure they get the justice and compensation they deserve.
Pedestrian accidents can result in devastating injuries, and insurance companies are often quick to deny claims or shift blame to the victim. Our firm is here to make sure that doesn’t happen to you. We’ll handle every step of the legal process so you can focus on recovery.
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What To Do After Being Hit by a Car as a Pedestrian
Taking the right steps immediately after a pedestrian accident can make a major difference in the outcome of your case.
- Seek medical attention first.
Even if your injuries appear minor, it’s important to be evaluated by a medical professional. Some injuries may not show symptoms right away, especially head trauma or internal bleeding.
- Contact the police and file a report.
A police report provides a critical record of the accident, including details about the driver, witnesses, and who may be at fault.
- Gather evidence.
If you’re able, take photos of the accident scene, your injuries, the vehicle involved, and any traffic signs or signals. Write down names and contact information for any witnesses. Preserve your clothing and any damaged personal property.
- Do not speak to the driver’s insurance company without legal guidance.
Insurance adjusters may attempt to downplay your injuries or get you to admit fault. You are under no obligation to provide a recorded statement before speaking with a lawyer.
- Call an experienced pedestrian accident attorney.
At Billy Cooper Law, we offer free consultations and work on a contingency basis, meaning you pay nothing unless we recover compensation for you.
Common Causes of Pedestrian Accidents
Pedestrian accidents often occur due to careless or reckless behavior by drivers. Common causes include:
Failure to Yield at Crosswalks
Many drivers either ignore pedestrian right-of-way or don’t notice people crossing, especially at unmarked intersections.
Distracted Driving
Texting, checking GPS, or using a phone while driving causes thousands of preventable accidents every year.
Speeding in Residential or School Zones
High speeds significantly increase the severity of impact and reduce a driver’s reaction time.
Driving Under the Influence
Alcohol or drug impairment reduces alertness, reaction time, and coordination, making drivers far more dangerous to pedestrians.
Improper Turning or Failure to Signal
Drivers turning at intersections often fail to check for crossing pedestrians.
Backing up in Parking Lots or Driveways
Pedestrians, especially children or the elderly, are often struck by vehicles reversing without proper care.
Common Injuries Sustained in Pedestrian Accidents
Because pedestrians have no physical protection from the force of a vehicle, injuries are often severe or even life-threatening. Some of the most common pedestrian accident injuries include:
- Traumatic Brain Injuries (TBIs): Head trauma can result in concussions, memory loss, cognitive issues, or permanent brain damage.
- Spinal Cord Injuries: These injuries can lead to partial or full paralysis, chronic pain, and lifelong medical needs.
- Broken Bones and Fractures: Legs, hips, ribs, arms, and wrists are often fractured when a pedestrian is thrown or crushed.
- Soft Tissue Injuries: Muscle tears, ligament sprains, and whiplash are common and may take months to heal.
- Internal Injuries: Internal bleeding or damage to organs can be fatal if not promptly treated.
- Lacerations and Disfigurement: Deep cuts and road rash can leave permanent scarring or require plastic surgery.
- Psychological Trauma: Many victims experience post-traumatic stress disorder (PTSD), anxiety, or depression following a serious pedestrian accident.
Filing a Pedestrian Injury Claim: What You Need to Know
Filing a claim after a pedestrian accident can be complex, but taking the right steps early can help you secure full and fair compensation. Here’s a quick breakdown of what’s involved.
- Establishing Liability
To recover damages, we must prove the driver was at fault. This can be done through:
- Eyewitness statements
- Traffic camera footage
- Police reports
If you may share some responsibility, we’ll assess how comparative negligence laws impact your case. In a motor vehicle case, CPLR § 1411(b) bars recovery if your fault is greater than the other side’s; at 50% or less you still recover, reduced by your share.
- Notifying the Insurance Company
In most cases, the at-fault driver’s insurance will handle the claim. If the driver is uninsured or flees the scene, your own uninsured motorist coverage may apply.
We’ll guide you through the notification process and handle all communications with insurers.
- Documenting Medical Treatment
Getting proper treatment and keeping detailed medical records is crucial. These records help prove:
- The severity of your injuries
- The need for future care
- Your overall damages
We may also use expert testimony to support your case.
- Don’t Wait — Deadlines Apply
Every state has a statute of limitations, usually ranging from 1 to 3 years. If you miss this deadline, you could lose your right to sue — even if your injuries are serious.
It’s important to speak with an attorney as soon as possible, even if you’re still recovering.
How Billy Cooper Law Can Help
We handle the entire legal process — from filing paperwork to negotiating with insurance companies — so you can focus on healing. With Billy Cooper Law on your side, you don’t have to face this alone.
BILLY COOPER LAW
What Compensation Can You Recover After a Pedestrian Accident?
Pedestrian accident victims often face significant financial and emotional burdens. A personal injury claim can help you recover compensation for:
- Medical expenses: This includes emergency care, surgeries, physical therapy, prescriptions, follow-up visits, and long-term treatment needs.
- Lost wages: If you’ve had to miss work — or if your injuries prevent you from returning to your job — you may be entitled to compensation for lost income and future earning potential.
- Pain and suffering: Serious injuries bring both physical and emotional distress. The law allows for compensation for your pain, trauma, and the loss of enjoyment of life.
- Permanent disability or disfigurement: If your injuries cause lasting physical impairments or scarring, that’s factored into your settlement or award.
- Wrongful death damages: If a loved one was fatally injured in a pedestrian accident, we can pursue damages on behalf of surviving family members, including funeral costs and loss of companionship.
Every case is unique. Our team evaluates the full scope of your losses and builds a strong case for the maximum compensation available under the law.
How Billy Cooper Law Can Help You
Pedestrian accident claims often involve complicated legal and insurance issues — especially when fault is disputed or insurers try to minimize payouts. At Billy Cooper Law, we have deep experience handling these cases and a proven track record of getting results.
Thorough Investigation and Evidence Collection
We begin by conducting a detailed investigation of the accident. This includes reviewing police reports, interviewing witnesses, collecting available video or photo evidence, and, if necessary, reconstructing the accident to clearly establish liability.
Dealing Directly with Insurance Companies
You won’t have to worry about dealing with insurance adjusters or making damaging statements. We manage all communication with insurance companies, ensuring your claim is handled professionally and with your best interests in mind.
Medical Documentation and Expert Support
Properly documenting your medical treatment is critical to your case. We make sure all injuries are recorded and supported by medical evidence. When appropriate, we consult expert witnesses — including doctors and accident specialists — to further support your claim.
Aggressive Negotiation and Litigation
Our team negotiates forcefully to secure a fair settlement. If the insurance company refuses to offer reasonable compensation, we’re fully prepared to file a lawsuit and take your case to court in pursuit of the maximum recovery.
No Win, No Fee
At Billy Cooper Law, we operate on a contingency fee basis. That means you pay nothing upfront and no legal fees at all unless we win your case. You focus on healing — we’ll handle everything else.
New York Pedestrian Accidents FAQs: Medical Care and Legal Claims
These answers address common pedestrian accidents questions under New York law. The facts and applicable rules can change the answer. This is general information, not personal legal or medical advice.
Does a pedestrian always have the right of way in a crosswalk?
VTL §1151 generally requires drivers to yield at an uncontrolled crosswalk, but it also prohibits a pedestrian from suddenly entering the path of a vehicle too close to yield. Signals and other rules may govern at controlled crossings.
Right of way is important evidence, not an automatic verdict. Timing, visibility, speed, signals, and each person’s actions require investigation.
Sources: NY Vehicle and Traffic Law §1151: crosswalk duties; NY CPLR §1411: comparative fault.
Can I bring a claim if I was hit outside a crosswalk?
Potentially. Crossing location can affect duty and comparative fault, but it does not automatically excuse unsafe driving or eliminate every claim.
Preserve the exact location, lighting, traffic controls, witnesses, and video. The applicable 2026 motor-vehicle fault rule should be assessed with the evidence.
Sources: NY CPLR §1411: comparative fault; Enacted 2026 budget, Part EE: applicability of motor-vehicle changes; NHTSA: Pedestrian safety.
Who pays a pedestrian’s medical bills after being struck by a car?
The striking vehicle’s no-fault insurer is generally the first source for an eligible pedestrian’s covered medical expenses and certain economic losses. Other coverage may apply when the vehicle is uninsured or unidentified.
No-fault notice is generally due within 30 days, with a justification exception. Liability and pain-and-suffering claims are separate.
Sources: NY DFS: Consumer questions about no-fault insurance; MVAIC: Eligibility and reporting deadlines.
What should a pedestrian do after a hit-and-run?
Call police, obtain medical care, and preserve vehicle descriptions, plate information, witnesses, video, clothing, and photographs when safe. Do not chase the vehicle.
MVAIC or uninsured-motorist coverage may be available depending on eligibility. MVAIC publishes very short police-report and notice requirements.
Sources: MVAIC: Eligibility and reporting deadlines; New York DMV: Order and access crash reports; U.S. HHS: Your medical records.
Can serious symptoms appear after a pedestrian leaves the scene?
Yes. Headache, dizziness, nausea, weakness, confusion, or pain can develop later. Obtain medical advice and use emergency care for concussion warning signs or other severe symptoms.
Accurately describe the impact and symptom timing. Delayed onset does not by itself prove or disprove legal causation.
Sources: CDC: Concussion symptoms and emergency warning signs; CDC: What to do after a mild traumatic brain injury or concussion; U.S. HHS: Your medical records.
What evidence matters when a turning vehicle strikes a pedestrian?
Signals, crosswalk markings, turn direction, driver sight lines, pedestrian position, speed, lighting, and phone or camera evidence may matter.
Photograph the full intersection and identify nearby cameras quickly. Avoid assuming the crash report contains every witness or video source.
Sources: NY Vehicle and Traffic Law §1151: crosswalk duties; New York DMV: Order and access crash reports; U.S. HHS: Your medical records.
What if a bus or government vehicle struck the pedestrian?
The operator, owner, and public entity must be identified. Special notice and lawsuit provisions may apply and differ among municipalities, authorities, and subsidiaries.
An agency incident report is not necessarily legal notice. Many municipal claims require notice within 90 days.
Sources: NY General Municipal Law §50-e; NY General Municipal Law §50-i; NY Public Authorities Law §1276: claims against the MTA and subsidiary distinctions.
How does comparative fault affect a pedestrian claim in 2026?
For a personal-injury action subject to Article 51, current CPLR §1411(b) bars recovery when the claimant’s fault exceeds the opposing parties’ combined fault; otherwise fault may reduce damages.
The amendment applies to actions commenced on or after May 26, 2026. The actual claim and evidence must be reviewed before applying it.
Sources: NY CPLR §1411: comparative fault; Enacted 2026 budget, Part EE: applicability of motor-vehicle changes.
How long do I have to file a pedestrian-injury claim?
Many negligence actions have a three-year filing period, but no-fault, MVAIC, and public-entity notices can be due much sooner. Wrongful-death claims use another period.
A police report or insurance conversation does not preserve every claim. Check deadlines promptly.
Sources: NY CPLR §214: personal-injury filing periods; NY DFS: Consumer questions about no-fault insurance; MVAIC: Eligibility and reporting deadlines; NY General Municipal Law §50-e.
How is a pedestrian-injury settlement evaluated?
Evaluation depends on liability, medical causation, treatment, prognosis, lost earnings, future needs, and pain and suffering where recoverable.
Coverage, liens, fees, expenses, and disputed fault affect the net result. NHTSA statistics and online averages cannot value one person’s case.
Sources: NY CPLR §4111: past and future injury damages; New York Rules of Professional Conduct, Rule 1.5: fees and expenses; NHTSA: Pedestrian safety.
Contact Billy Cooper Law Today
If you’ve been injured as a pedestrian — whether in a crosswalk, on a sidewalk, or in a parking lot — you may be entitled to compensation. Billy Cooper Law is here to help you understand your legal rights, deal with the insurance companies, and get your life back on track.
Call us today or fill out our online contact form to schedule your free, no-obligation consultation. We are available 24/7, and you pay nothing unless we win your case.
BILLY COOPER LAW
Get the Answers You Need
At Billy Cooper Law, every day we renew our pledge to help injured people get the justice and compensation they deserve. We have a reputation throughout New York and nationally for standing up for our clients, and we take that responsibility seriously by approaching every case with preparation, persistence, and an unwavering commitment to results.
