A 9-year-old boy was struck by a car while crossing at the intersection of Halstead Avenue and North Barry Avenue in the Village of Mamaroneck last week, according to News 12 Westchester. Police said the child was taken to Westchester Medical Center and did not appear to have suffered serious injuries, and the driver was charged with failing to yield to a pedestrian in a crosswalk. For families who want to understand their options after a crash like this, a Westchester pedestrian accident lawyer can explain how New York law protects people on foot, especially children.
We are relieved to hear the boy’s injuries were not reported as serious, and we wish him a full recovery. The crash has also prompted village officials to put pedestrian safety at that intersection on this week’s agenda.
What Happened in Mamaroneck
According to News 12 Westchester, the crash happened just before 1:45 p.m. at Halstead and North Barry avenues. Police did not immediately release the driver’s name. The driver was charged with failing to yield to a pedestrian in a crosswalk.
On October 26, Talk of the Sound reported that Mamaroneck Mayor Sharon Torres moved a pedestrian safety discussion onto the Board of Trustees work session agenda, with police scheduled to present. The mayor also offered separate meetings this week with parents who live near the intersection. According to the report, the village is developing a roughly $4 million Halstead Avenue project, now about 60% designed, with North Barry Avenue as the priority. “We need this properly designed to adequately improve safety,” Torres said.
The same report noted that Mamaroneck has seen tragedy before: in June 2024, a 6-year-old kindergartner and his mother were struck and killed by a school bus while crossing Mamaroneck Avenue in a crosswalk with the walk signal.
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Why Child Pedestrian Accidents Happen
Children are among the most vulnerable people on the road. They are smaller and harder for drivers to see, especially from SUVs and trucks, and they may have trouble judging the speed of oncoming traffic. When a child is hit by a car, the most common contributing factors include:
- Failure to yield to pedestrians in marked or unmarked crosswalks
- Turning drivers who focus on oncoming traffic and miss people crossing
- Speeding, which shortens reaction time and increases the force of impact
- Distracted driving, including phone use
- Roadway design issues such as wide intersections, faded markings, or poor sight lines
Nationally, the National Highway Traffic Safety Administration (NHTSA) reports that thousands of pedestrians are killed and tens of thousands more are injured in traffic crashes every year, and it urges drivers to slow down and be especially alert around schools, neighborhoods, and crosswalks.
Your Rights After a Pedestrian Accident in New York
If you or your child is hurt while walking in Westchester County, New York law gives you important protections. A pedestrian accident lawyer in New York can walk you through these rules, but here is a general overview:
- Drivers must yield in crosswalks. Under New York Vehicle and Traffic Law § 1151, drivers generally must yield the right of way to pedestrians crossing within a crosswalk when there are no traffic signals in operation. Drivers turning at signalized intersections must also yield to pedestrians lawfully in the crosswalk. A failure to yield to a pedestrian ticket does not by itself decide a civil case, but it can be relevant evidence.
- No-Fault benefits apply to pedestrians. New York’s No-Fault system generally covers medical bills and certain lost wages for pedestrians struck by a motor vehicle, regardless of fault. No-Fault applications have strict deadlines, often 30 days from the accident, so file promptly.
- The “serious injury” threshold. To recover compensation for pain and suffering beyond No-Fault, New York law generally requires a “serious injury” as defined in Insurance Law § 5102(d), such as a fracture or significant limitation of a body function.
- Deadlines. Most New York personal injury claims must be filed within three years. For children, the deadline is generally extended (tolled) until they turn 18, but evidence fades quickly, so it is wise to act early. If a municipality may share responsibility, for example over a dangerous road design, a Notice of Claim is usually required within 90 days.
Every case is different. A Westchester personal injury lawyer can review the specific facts and explain which rules apply.
What To Do After a Pedestrian Accident
- Get medical care right away. Some injuries, such as concussions and internal injuries, are not obvious at first, especially in children.
- Call the police and make sure a report is filed. Ask for the report number.
- Gather information: the driver’s name, plate number, and insurance, plus contact details for witnesses.
- Document the scene: photos of the crosswalk, signals, signs, vehicle damage, and visible injuries.
- Look for video. Nearby businesses, homes, and buses may have cameras, but footage is often overwritten within days.
- Do not give a recorded statement to the driver’s insurer before speaking with a lawyer.
- File your No-Fault application on time and keep copies of all medical bills and records.
How a Westchester Pedestrian Accident Lawyer at Chaikin Trial Group Can Help
Chaikin Trial Group is a trial-focused personal injury firm serving Westchester County, New York City, and Long Island. When you work with our team, we can:
- Investigate the crash, including police reports, video, and witness statements
- Handle No-Fault paperwork and insurance communications
- Work with medical experts to document your or your child’s injuries and future needs
- Identify every responsible party, including drivers, vehicle owners, employers, and, where appropriate, municipalities
- Prepare every case as if it is going to trial
Learn more about our practice areas, the communities we serve, and our case results. If a car crash left you hurt as a driver or passenger, our Westchester car accident lawyers can help too.
Frequently Asked Questions
What should I do if my child was hit by a car?
Get your child medical care immediately, even if the injuries seem minor, and make sure police document the crash. Keep all medical records and bills, and speak with a pedestrian accident lawyer before talking to the driver’s insurance company. Visit our FAQs page for more answers.
Does a “failure to yield to pedestrian” ticket prove the driver was at fault?
Not automatically. A traffic ticket and a civil injury claim are separate matters. However, the circumstances behind the ticket, the police report, and any witness or video evidence can all be important in showing what happened.
How much does a Westchester personal injury lawyer cost?
At Chaikin Trial Group, consultations are free and we work on a contingency fee basis. That means there is no fee unless we win.
How long do I have to file a pedestrian accident claim in New York?
Most claims must be filed within three years, with an extension for minors until they turn 18. Claims involving a city, town, village, or other public entity usually require a Notice of Claim within 90 days. Because deadlines vary, talk to a lawyer as soon as possible.
Talk to a Westchester Pedestrian Accident Lawyer Today
The Mamaroneck crash is a reminder of how quickly a routine walk can turn frightening, and why safe crossings matter for every family. If you or a loved one was hurt in a pedestrian accident, a Westchester pedestrian accident lawyer at Chaikin Trial Group is ready to listen. Your consultation is free, and there is no fee unless we win. Contact us online. You can also read what clients say in our reviews.
Attorney Advertising. This article is for general informational purposes only and is not legal advice. Prior results do not guarantee a similar outcome.