
Federal prosecutors in Brooklyn announced charges on Thursday, November 5, 2026, against a former FBI special agent accused of striking a pedestrian with an FBI-issued vehicle on Ocean Parkway and then leaving the badly injured man on a bench without calling for help. As a Brooklyn pedestrian accident lawyer team, we know a case like this raises hard questions for injured people: who is responsible when a government driver hits you, and what happens when the driver leaves the scene? Below, we summarize what has been reported and explain the rights pedestrians have under New York and federal law.
What Happened on Ocean Parkway
According to a press release from the U.S. Attorney’s Office for the Eastern District of New York, the crash happened on February 3, 2026, at Ocean Parkway and Beverley Road in Brooklyn. Prosecutors allege that Andrew Reyes, 30, of Brooklyn, was driving an FBI-issued vehicle with its emergency lights on, heading northbound in the southbound lanes of Ocean Parkway, when he ran a red light and struck a man who was crossing the street.
Prosecutors say the pedestrian was knocked to the pavement and left unconscious. The former agent allegedly got out, dragged the man onto a sidewalk bench, set his bag beside him, and drove away without calling emergency services or reporting the crash. When federal agents later asked whether he had hit someone with his FBI car without reporting it, he allegedly denied it. The release describes the victim as “severely injured.” The New York Daily News reported that the crash happened at about 6:20 a.m. in Kensington and that, according to law enforcement sources, the victim survived. VIN News also covered the arrest.
Reyes was arrested the morning of November 5 and charged with willfully depriving the pedestrian of his constitutional rights while acting under color of law, and with making false statements. He faces up to 10 years in prison if convicted. The charges are allegations, and he is presumed innocent unless and until proven guilty. We wish the injured man a full recovery.
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Hit-and-Run Pedestrian Crashes in New York City
Drivers who leave the scene are a persistent problem in NYC. Citing NYPD figures, Streetsblog NYC reported that in 2025 there were 34,952 cases in which a driver left the scene of a collision causing property damage or injury, and only about 1% of those led to an arrest. NYPD also reported 16 hit-and-runs causing critical injury in the first quarter of 2026. For a hit-and-run pedestrian victim, that low arrest rate means the driver may never be identified, which makes a fast investigation and knowing the right insurance options especially important.
Ocean Parkway itself is a wide, multi-lane boulevard with service roads, malls and long crossings, the kind of road where a driver going the wrong way or through a red light can be especially dangerous for people on foot.
Your Legal Rights After a Pedestrian Accident in New York
Every case depends on its own facts, but these are the main rules a pedestrian hit by a car in Brooklyn should know:
- No-Fault benefits. New York is a no-fault state. Pedestrians struck by a motor vehicle can generally apply for No-Fault (Personal Injury Protection) benefits for medical bills and some lost wages, regardless of who caused the crash. The application deadline is short, generally 30 days from the accident. Which policy pays depends on the vehicles and households involved.
- Serious injury threshold. To sue for pain and suffering after a motor vehicle crash, New York law requires a “serious injury” as defined in Insurance Law §5102(d). Examples include fractures, significant limitation of a body function, or an injury that keeps you from your usual activities for 90 of the first 180 days.
- When the driver is unknown. If a hit-and-run driver is never identified, the Motor Vehicle Accident Indemnification Corporation (MVAIC) may provide coverage to eligible victims. MVAIC has strict notice requirements, including filing within 90 days, so prompt action matters.
- Statute of limitations. Most personal injury claims against a private driver in New York must be filed within three years. Claims against New York City or other municipal entities usually need a Notice of Claim within 90 days.
What if a federal employee was driving?
This case involves a different set of rules. When a federal employee causes a crash while acting within the scope of their employment, the injury claim is generally brought against the United States under the Federal Tort Claims Act (FTCA), not against the employee personally. Under the FTCA, the injured person must first present a written administrative claim to the responsible federal agency, usually on Standard Form 95, within two years of the injury, and must demand a specific dollar amount (a “sum certain”). The Navy JAG’s SF-95 instructions note that the agency then has six months to act. A lawsuit generally can be filed only after the agency denies the claim or six months pass without a decision. FTCA cases are decided by a judge rather than a jury, and punitive damages are not available.
Whether a driver was acting “within the scope of employment” can be disputed, and the answer affects who the claim is against and which deadlines apply. Because missing an FTCA requirement can end a claim, anyone hurt by a government vehicle should speak with a pedestrian accident lawyer in NYC as early as possible.
What To Do After a Pedestrian Accident or Hit-and-Run
- Call 911 and get medical care. Head injuries and internal injuries are not always obvious right away.
- Report the crash to police. A police report is important for No-Fault, MVAIC and any later claim.
- Write down what you remember. Note the vehicle’s color, make, plate, markings and any emergency lights, the direction it was going, and the time.
- Look for witnesses and video. Nearby businesses, buses and residential doorbell cameras often record crashes, but footage can be erased within days.
- Keep records. Save medical bills, receipts, photos of your injuries and the scene, and proof of missed work.
- Talk to a lawyer before giving recorded statements to an insurer or a government agency.
How Chaikin Trial Group Can Help Brooklyn Pedestrians
Chaikin Trial Group represents people injured on New York City streets, including pedestrians struck by cars and trucks. Our Brooklyn personal injury lawyers can identify every available source of coverage, gather video and witness evidence quickly, and handle the specific notice rules that apply to claims involving hit-and-run drivers, the City, or the federal government. We also handle car accident claims and other personal injury cases throughout NYC, Long Island and Westchester. You can read about some of our past results (prior results do not guarantee a similar outcome).
If you or a loved one was hurt as a pedestrian, a Brooklyn pedestrian accident lawyer at our firm can review your case at no cost. There is no fee unless we win. For a free consultation, contact us online.
Frequently Asked Questions
Do I need a pedestrian hit by car lawyer if I have No-Fault insurance?
No-Fault covers basic economic losses such as medical bills and part of lost wages, but it does not pay for pain and suffering. If your injury meets New York’s serious injury threshold, a lawyer can pursue a claim against the at-fault driver or other responsible parties for full damages.
What can a hit-and-run pedestrian victim do if the driver is never found?
You may still be able to recover through your own household auto policy’s uninsured motorist coverage or, if you qualify, through MVAIC. These options have short deadlines, so contact a hit and run lawyer in NYC promptly.
Can I sue the federal government if a federal vehicle hit me?
Often, yes, through the Federal Tort Claims Act, if the employee was acting within the scope of employment. You must first file an administrative claim with the agency within two years, and a lawsuit usually cannot be filed until the claim is denied or six months pass.
How long do I have to file a pedestrian accident claim in Brooklyn?
Most claims against a private driver must be filed within three years in New York. Claims against the City generally require a Notice of Claim within 90 days, and federal claims have their own two-year administrative deadline. A pedestrian accident lawyer in NYC can confirm the deadlines in your case. You can also browse our personal injury FAQs.
This post is for general informational purposes only and is not legal advice. Prior results do not guarantee a similar outcome. Attorney Advertising.