Yes, you can sue if you were hit by a car while crossing the street in New York. This is especially true if you followed crosswalk laws and the driver failed to yield. Even if you were partially at fault, you may recover compensation under comparative negligence laws.
However, because of pedestrian laws, comparative negligence, and New York’s no-fault auto insurance regulations, it can be complicated to recover compensation when you are hit by a car. It’s smart to contact a personal injury lawyer as soon as possible to protect your legal rights.
Our Long Island pedestrian accident lawyers have helped our firm recover more than $100 million for injured accident victims in New York. Call today for your free consultation and learn more about how we can help when you have been hit by a car while crossing the street.
What are Crosswalk Laws in New York?
New York law provides significant protection for pedestrians in crosswalks. Drivers are required to yield when you are lawfully crossing within the marked or unmarked crosswalk at an intersection. When you have the walk signal, drivers must wait until you finish crossing.
In turn, pedestrians are required to obey traffic signals and not leave the curb and enter the path of oncoming traffic. But even if you make a mistake, drivers are still obligated to exercise reasonable care in order to avoid hitting you.
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Do You Need an Attorney if You are Hit By a Car in New York?
While you aren’t legally required to hire an attorney for a personal injury case, it’s almost always a good idea to consult a lawyer. New York’s no-fault auto insurance regulations and comparative negligence laws make getting help from an attorney especially important. Our legal team can:
- Investigate your pedestrian accident
- Determine who is liable for your injuries
- Calculate your maximum compensation
- File your lawsuit and deal with insurers
- Negotiate for a Settlement if possible
- Fight for you in civil court
Common causes of pedestrian accidents in New York include speeding, failure to yield, and driving under the influence.
What is No-Fault Auto Insurance?
New York’s No-Fault auto insurance rules dictate that each driver’s own auto policy covers their damages when there is an accident. Every driver must carry Personal Injury Protection (PIP) as part of their policy. In pedestrian accidents, the other driver’s PIP will cover your damages.
However, there is a cap to PIP coverage, and your injuries may exceed the other driver’s limits. In this case, if you are seriously injured, you may be able to file a lawsuit if you were hit by a car while crossing the street in New York.
What is Comparative Negligence in New York?
Even if you cross the street illegally or engage in another behavior that caused your accident, you may still have the ability to recover compensation. New York’s comparative negligence laws state that you may receive partial compensation based on your level of fault.
If you are deemed 30% responsible for the accident, you can recover 70% of the damages you would have otherwise been entitled to. New York follows a pure comparative negligence rule, meaning you can receive compensation as long as you aren’t completely responsible.
How Long Do I Have to Sue if I am Hit By a Car in New York?
According to CPLR § 214(5), you have three years from the date of the accident to file a personal injury lawsuit. Speaking with an attorney early helps ensure that required deadlines are met. However, there can be exceptions to the rule in certain circumstances:
- New York’s No-Fault insurance rules require you to file a No-Fault Application within 30 days of the accident.
- If your injuries are not immediately apparent, the three-year time period may start when you discover the injury.
- If you are a minor at the time of the accident, the time limit can toll until you turn 18.
- If someone is mentally incapacitated, the time limit tolls until they regain their capacity or a guardian is appointed.
- Cases involving wrongful death have a shorter timeframe.
- Cases against the government require filing a Notice of Claim within 90 days.
Get Help With Your Pedestrian Accident Case in New York
You can sue a driver if you are injured because they hit you while you are crossing the street in New York. Pedestrians have the right of way in New York if they were in a crosswalk at the time and the driver failed to yield due to reckless or distracted driving.
Because of comparative negligence laws, you may be able to recover compensation even if you were partially responsible for your injuries. Our knowledgeable New York personal injury lawyers can investigate your case and fight for the compensation you deserve.
Our team at Chaikin Trial Group Personal Injury Lawyers has more than five decades of combined legal experience, advocating for the rights of injured people in New York. With our firm, you come in as a client but leave as a friend. Call today for your free consultation.
