You followed the crosswalk rules. They didn’t. Now what?
What happens if you get hit by a car while walking in NYC? It’s a question no one wants to ask, but far too many daily commuters have to.
Just last March in Brooklyn, a mother and her two daughters were fatally struck in a crosswalk by a driver on a suspended license. They had the right of way. And they’re not the only ones.
The Vision Zero program was supposed to make New York safer for pedestrians. But in 2024, the city saw an 18% rise in pedestrian fatalities, climbing to 119 deaths, despite recording the lowest number in 115 years just the year before.
Is NYC truly “walkable”? Not if the data has anything to say about it.
If you were hurt in a crosswalk, here’s what you need to know about fault, your rights, and how to build a case that gets results.
What’s Inside This Guide:
- What You Need to Know About Pedestrian Rights
- When a Driver Fails to Yield, They’re Usually at Fault
- What You Can Sue For
- Helpful Resources for Injured Pedestrians
- FAQs About Crosswalk Accidents
- Talk to a Pedestrian Accident Lawyer
What You Need To Know:
Drivers in New York are legally required to yield to pedestrians in:
- Marked and unmarked crosswalks
- Intersections, especially while turning
- Driveways and curb cuts
- Situations involving pedestrians with the signal
- Cases involving blind pedestrians or those using a cane or service animal
Even if the driver says the crash was your fault, you may still be entitled to compensation. If you were injured due to their full or partial negligence, you can recover damages under New York’s pure comparative negligence law even if you were 99% at fault.
For a free legal consultation call (212) 977-2020
When a Driver Fails to Yield, They’re Usually at Fault
New York Vehicle and Traffic Law § 1151 says it clearly: drivers must yield to pedestrians at crosswalks and intersections. That includes both marked and unmarked crossings.
And VTL § 1146 requires all drivers to exercise “due care” to avoid hitting pedestrians, especially those who are visibly vulnerable. When a pedestrian is hit by a car and it results in serious injury, the driver can be held liable.
Read more from the NY Department of Health.
What You Can Sue For
If you were hit by a car while walking, you may be able to recover:
- Medical bills (past + future)
- Lost income or reduced earning capacity
- Pain and suffering
- Out-of-pocket costs like therapy, transit, or home care
Even if the driver accuses you of jaywalking or being distracted, you may still qualify. Under New York’s comparative fault rules, your compensation is simply reduced by your share of blame.
We’ve done it before. In one case, our client was hit by a NYC Sanitation truck while crossing the street. She needed neck and back surgery, and we secured $2.5 million after winning summary judgment on liability early in the case. The average payout for a pedestrian hit by a car is around $300,000.
Read the full case result here.
Click to contact us today
Helpful Resources for Injured Pedestrians
- NYC DOT Pedestrian Safety
- Vision Zero NYC Crash Map
- New York Vehicle and Traffic Law § 1151
- Filing a Notice of Claim (NYC Comptroller)
- Chaikin Trial Group Free Case Evaluation
Complete a Free Case Evaluation form now
FAQs
Q: Can I sue if I was hit by a car?
A: Yes, especially if the driver failed to yield, was distracted, or broke traffic laws.
Q: What if I crossed mid-block or without the signal?
A: You may still have a case. New York allows injury claims even if you were partly at fault. Your compensation would just be lowered proportionally.
Q: What if I didn’t go to the hospital right away?
A: You can still file a claim, but you must document all symptoms and get medical treatment ASAP to strengthen your case.
Talk to a Pedestrian Accident Lawyer Now
If a driver failed to yield and caused your injuries, you have every right to hold them accountable. The Chaikin Trial Group team has helped injured pedestrians across New York do exactly that. And win.
We serve clients in:
- Queens
- Brooklyn
- The Bronx
- Manhattan
- Long Island (Nassau & Suffolk Counties)
Schedule your free consultation with a pedestrian accident lawyer.
Legal Disclaimer: If you believe this information is relevant to your situation, please contact our office directly to schedule a consultation. Mr. Chaikin is licensed to practice law in New York, New Jersey, and Florida. The information herein is not legal advice and does not create an attorney/client relationship with Chaikin Trial Group. This blog is in the form of legal education and is intended to provide general information about the matter within the topic.
Call or text (212) 977-2020 or complete a Free Case Evaluation form
