Yes, you can sue the driver who hit you while walking in New York if you suffered a serious injury. You may be able to sue the driver who hit you even if you were partially at fault for the accident.
However, recovering financial compensation after a pedestrian accident can be difficult due to New York’s no-fault auto laws. A Long Island pedestrian accident lawyer can help you navigate insurance claims and work to secure the compensation you need for healing and recovery.
Where Are Pedestrian Accidents Likely to Occur in New York?
New York’s metro areas are heavy with both pedestrian and auto traffic, so pedestrian accidents are more serious than in many other areas in the country.
According to the NY Department of Transportation’s Vision Zero report, in NYC alone, there are hundreds of pedestrian fatalities and thousands of pedestrian injuries each year.
Pedestrian accidents can happen in several places, including:
- Crosswalks
- Parking lots or garages
- Intersections
- Driveways and private roads
- Residential areas
- Near interstate exits
Pedestrian accidents are most common in the denser areas of the city, such as Midtown or Lower Manhattan. They are also relatively frequent in areas with tourist attractions, such as Broadway St. or Times Square.
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Pedestrian Right-of-Way Laws in New York
Pedestrians have legal protections, and drivers must yield when they have the right of way.
Generally, pedestrians have the right of way when legally crossing at any crosswalk or unmarked intersection. Pedestrians also generally have the right of way in parking lots and parking structures, such as garages.
Similarly, pedestrians must yield to traffic signals and not walk in a way that unnecessarily increases risk. But this does not give vehicles free rein to drive however they want. Even if pedestrians violate rules, drivers must remain aware and exercise reasonable care to avoid them.
How Does Insurance Work After a Pedestrian Accident?
Pedestrians are covered under New York’s no-fault auto accident laws, so the first line of compensation would come from the at-fault driver’s personal injury protection (PIP) coverage. This is different from a car accident, where your own PIP coverage would pay for your injuries.
The at-fault driver’s PIP coverage will pay for reasonable medical expenses and lost income up to a certain amount. It can also pay for daily living expenses and a funeral benefit if the injuries are fatal.
However, PIP coverage will not pay for pain and suffering or other non-economic losses.
Suing the At-Fault Driver After a Pedestrian Accident
PIP limits are often insufficient to pay for the massive losses associated with pedestrian accidents. But if your injuries exceed PIP limits or meet a legal threshold of severity, you can sue the driver who hit you while walking in New York.
A personal injury lawsuit can allow you to recover a greater range of injury-related losses. A lawsuit can also provide compensation for pain and suffering.
According to New York Insurance Law 5102(d), a “serious injury” is one that involves:
- Death
- Dismemberment or disfigurement
- Fractures
- Permanent loss of body part or organ
- Loss of/limited use of a bodily system or function
- Injuries that prevent you from working for at least 90 days
In these cases, you can step outside of the no-fault system for pedestrians and sue the at-fault driver in a traditional liability lawsuit.
Can Pedestrians Be At Fault for Accidents?
Pedestrians can be at fault for accidents if they were negligent and partially responsible for their injuries. Behaviors like crossing the street without a signal, walking off the sidewalk, or crossing without a crosswalk can all count as negligence on the part of the pedestrian, as it puts them at unnecessary risk.
However, New York’s pure comparative negligence system still allows you to recover financial compensation, no matter how much fault you share. The catch is that any final award you receive will be reduced by your percentage of fault.
As such, it’s important to work with an attorney after an accident. It’s likely the insurance company will try to blame you for the accident to reduce the amount they have to pay. A lawyer can push back against attempts to shift blame and lower your settlement.
How Long Do I Have to Sue?
New York’s statute of limitations typically gives you three years from the injury date to sue for a pedestrian accident. If you try to file a lawsuit after more than three years have passed, the courts will reject your claim.
Three years is longer than the time limit in many other states, but you shouldn’t delay. The more time that passes, the harder it’ll be to connect your injuries to the accident. By starting early, you’ll give yourself the best chance of recovery.
Contact a Pedestrian Accident Lawyer in New York Today
Pedestrian accidents can cause severe injuries that impact your quality of life and ability to earn a living. Chaikin Trial Group Injury Lawyers can stand up for your rights and help hold the at-fault driver accountable for the harm they have caused you.
If you have more questions about suing a driver who hit you in New York, contact our offices online or call today to speak to a Long Island personal injury lawyer.
