Practice area

Pedestrian Accidents

A pedestrian struck by a car has more rights and more sources of coverage than almost anyone realises — including when the driver never stops.

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What you need to know

New York's no-fault system follows the vehicle, not the driver. If a car strikes you while you are walking, that car's no-fault coverage generally pays your medical bills and part of your lost wages — even though you have no policy of your own involved, and even though you did nothing wrong. The same 30-day application deadline applies.
  1. 01

    If the driver leaves the scene and is never identified, the claim does not necessarily end.

    Your own household policy's uninsured motorist coverage may respond, and where no policy exists at all, the Motor Vehicle Accident Indemnification Corporation (MVAIC) exists precisely for this situation. MVAIC has its own strict requirements, including reporting the accident to police within 24 hours where practicable and filing a notice of intention within 90 days.

  2. 02

    On liability, the Vehicle and Traffic Law gives a pedestrian in a crosswalk with the signal the right of way, and requires every driver to exercise due care to avoid a pedestrian regardless of where they are. Crossing mid-block does not end a case; under pure comparative fault it reduces the share.

What these cases involve

Crosswalk knock-downs

Turning vehicles that fail to yield to a pedestrian with the walk signal.

Hit-and-run

UM coverage and MVAIC claims, both with short notice deadlines.

Backing and parking-lot strikes

Low-speed impacts that still cause fractures, especially to older pedestrians.

Children struck near schools and bus stops

Special rules govern school buses and their flashing signals.

Commercial and delivery vehicles

A company vehicle brings a company policy and an employer as a defendant.

Fatal pedestrian collisions

Handled as wrongful death claims, with a two-year deadline.

Verdicts and settlements

Recoveries obtained by this firm

  • $7,500,000

    Verdict for wrongful death, against landlord, caused by fire that spread through apartment that was without smoke detectors.

  • $1,500,000

    For a pedestrian struck by a van causing her to sustain a fractured pelvis which required surgery.

  • $600,000

    For his client who was struck by a motor vehicle resulting in injuries to his legs.

All results

Prior results do not guarantee a similar outcome. Every case is different, and the result in any case depends on its own facts.

Common questions

Not answered here? A lawyer will answer it, free and at any hour.

Ask us directly
I was crossing outside the crosswalk. Do I still have a case?
Usually yes. Comparative fault reduces the recovery by your share rather than barring it, and drivers still owe a duty of due care to pedestrians everywhere.
The driver drove off. What now?
Report it to the police immediately — within 24 hours where you can. Then call us: uninsured motorist coverage or a MVAIC claim may still cover you, and both have deadlines measured in days and weeks.
Whose insurance pays my hospital bills?
Normally the no-fault coverage of the vehicle that struck you, regardless of fault, once the application is filed within 30 days.

In their words

What our clients say

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If there was more than 5 stars Seth Fields and his associates would get them all. Mr. FIelds went to trial with a jury in Suffolk Cty Riverhead Supreme Ct & won w/ a verdict in minutes for 100% Liability. The defense worked with Mr. FIelds in a settlement before the damages trial began. I would stop here searching any further & contact Seth Fields if you want a Smart, Attainable for your questions, concerns, Empathetic to your needs but a Bull Dog with your case, then you found your attorney.I can’t thank you enough for all your long hours, weekends, holidays that you put into 7 yrs of all my medical, motions, hearings & trial etc. WE WON! You did it and obtained a large settlement that I couldn’t be more happy after this long tough journey. I would refer everyone to you that has a case that needs fighting for. 🙏
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Where we handle these cases

Pedestrian Accident lawyers by location

The roads, the courthouse and the deadline change with the county. Each page covers how these cases work where you were hurt.

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