Queens Pedestrian Accident Attorney

A pedestrian collision can leave you facing emergency treatment, continuing medical care, missed work, and calls from insurance companies. We can investigate the driver’s conduct, identify available insurance coverage, preserve evidence, and determine which claims may apply.

Direct Representation From Seni Popat

When you contact Law Office of Seni Popat, P.C., you work directly with principal attorney Seni Popat from the first call through the resolution of your case. Seni doesn’t pass clients to a paralegal or intake specialist. He learns how the collision happened, how the injuries affect you, and what you need from the legal process before developing a strategy.

Our firm, Law Office of Seni Popat, P.C., has more than 70 years of combined experience across our team and has recovered over $50 million in verdicts and settlements. Past results don’t predict a particular outcome.

Seni Popat has been selected as a Super Lawyer and is a member of the Million Dollar Advocates Forum. We serve clients throughout New York City and Long Island, with services available in English, Spanish, and Hindi.

What Is a Pedestrian Accident?

A pedestrian accident occurs whenever a person on foot is struck by a motor vehicle, including cars, trucks, buses, motorcycles, or e-bikes. Unlike occupants of a vehicle, pedestrians don’t have a vehicle’s structural protection during an impact. This physical vulnerability means that even “low-speed” collisions can result in life-altering injuries. Pedestrian cases can also involve people running, jogging, standing, or sitting in public spaces affected by vehicle traffic.

Common cases involve pedestrians struck in crosswalks, during vehicle turns, near bus stops, or while a driver is backing out of a driveway or parking space. We also handle hit-and-run collisions and crashes involving commercial, rideshare, and delivery vehicles.

New York City Pedestrian Right-of-Way Laws

New York’s legal framework for pedestrian safety addresses both a pedestrian’s right of way and a driver’s continuing duty to avoid a collision. Liability doesn’t depend on a single rule. The signal phase, crosswalk position, visibility, speed, and each person’s opportunity to prevent the crash can all matter.

Key pedestrian right-of-way rules include:

• Crosswalk Right of Way: New York Vehicle and Traffic Law § 1151 generally requires drivers to yield to pedestrians crossing within a crosswalk when traffic signals aren’t present or operating. The statute also addresses situations in which a pedestrian suddenly enters the vehicle’s path too close for the driver to yield.
• Driver Due Care: New York Vehicle and Traffic Law § 1146 requires drivers to exercise due care to avoid colliding with pedestrians and to give a warning when necessary.
• New York City Failure to Yield: NYC Administrative Code § 19-190 addresses a driver’s failure to yield when a pedestrian with the right of way suffers physical injury.

A traffic citation can be relevant, but it doesn’t replace an independent liability investigation. Police records, witness accounts, surveillance footage, signal information, and vehicle data may provide a fuller account of what happened.

Common Causes of Pedestrian Accidents in Queens

Pedestrian collisions often occur at signalized intersections, crosswalks, bus stops, driveways, parking areas, school zones, and construction areas.

Common causes of these accidents include:

• Distracted Driving: Drivers look at phones, navigation systems, or other distractions instead of watching the roadway.
• Failure to Yield: Drivers turn through a crosswalk or proceed before a pedestrian has finished crossing.
• Speeding: A driver travels too fast to stop safely or respond to a pedestrian entering the roadway.
• Impaired Driving: Alcohol or drugs affect a driver’s judgment, perception, or reaction time.
• Unsafe Backing: Drivers leave parking spaces or driveways without checking for people behind the vehicle.
• Aggressive Maneuvers: Drivers weave through traffic, disregard signals, or rush through an intersection.

Evidence can disappear quickly after a collision. Photographs, witness contact information, nearby surveillance footage, police records, vehicle damage, and medical documentation can help establish both fault and the extent of the injuries.

Liability & Comparative Fault in Pedestrian Claims

A driver may be responsible for failing to yield, speeding, turning unsafely, driving while distracted or impaired, or failing to take reasonable steps to avoid a collision. Depending on the evidence, a vehicle owner, employer, commercial operator, or another entity may also share responsibility.

A claim involving a malfunctioning signal, obstructed sign, roadway defect, or other public condition requires separate analysis. Municipal roadway claims can involve notice requirements and deadlines that are much shorter than those governing an ordinary personal injury lawsuit.

New York’s comparative-fault rules can affect a pedestrian claim:

• An injured pedestrian isn’t automatically barred from recovering compensation just because the pedestrian crossed outside a marked crosswalk or was assigned part of the fault.
• Recovery can be reduced according to the pedestrian’s assigned percentage of responsibility.
• The driver’s speed, attention, visibility, and opportunity to avoid the collision can remain relevant even when a pedestrian may share responsibility.
• If damages were valued at $100,000 and the pedestrian was found 20% responsible, the recovery would be reduced to $80,000.

Compensation & Insurance After a Pedestrian Collision

New York no-fault insurance commonly provides initial coverage for accident-related medical expenses, a portion of lost earnings, and certain necessary expenses. When the striking vehicle is known, the pedestrian generally seeks these benefits through that vehicle’s insurer, subject to the policy and New York’s claim requirements.

No-Fault Benefits After a Crash

Written notice of a no-fault claim generally must be provided as soon as reasonably practicable and no later than 30 days after the collision. Recognized exceptions can apply when a claimant provides a reasonable justification for the delay, but waiting can put access to benefits at risk.

Depending on the evidence, a pedestrian claim may seek compensation for:

• Medical treatment and rehabilitation.
• Lost earnings and reduced earning capacity.
• Transportation and other accident-related expenses.
• Future care supported by medical evidence.
• Pain and suffering when New York’s legal requirements are met.
• Disability, scarring, or disfigurement.

Claims Against the At-Fault Driver

A pedestrian may pursue damages outside the no-fault system when the injuries satisfy New York’s serious injury threshold. This legal threshold under Insurance Law § 5102(d) includes categories such as fractures, significant disfigurement, permanent loss of use, permanent consequential limitation, significant limitation of use, and a medically determined injury or impairment that substantially limits usual daily activities for the required period.

The existence and value of a claim depend on medical evidence, liability proof, comparative fault, insurance coverage, and applicable deadlines. We examine treatment records, future medical needs, employment losses, and the effect of the injuries on the client’s daily life before presenting a demand or filing suit.

Uninsured & Hit-and-Run Claims

If the striking vehicle was uninsured or unidentified, other coverage may need to be evaluated. Depending on the circumstances, that can include uninsured motorist coverage through an applicable household policy or a claim through the Motor Vehicle Accident Indemnification Corporation. MVAIC is a state-created organization that may provide benefits to eligible people injured by uninsured or unidentified vehicles when other coverage isn’t available.

Frequently Asked Questions

What Should I Do Immediately After the Accident?

• Call 911 and request medical assistance.
• Seek prompt medical evaluation and follow the treatment instructions you receive.
• Photograph the vehicle, scene, signals, injuries, and surrounding area when possible.
• Collect witness names and contact information.
• Preserve clothing, damaged personal property, and insurance correspondence.
• Contact our Queens pedestrian accident lawyer before giving an insurer a detailed statement.

Should I Give the Insurer a Recorded Statement?

Speak with our pedestrian accident attorney before giving a recorded statement or signing a release. Adjusters may ask questions about the collision, your prior health, treatment, or daily activities. An incomplete or unclear answer can later be used to dispute fault or the extent of your injuries.

Get a Free Pedestrian Accident Case Assessment

We can identify available insurance, potentially responsible parties, evidence that should be preserved, and deadlines requiring immediate attention. We can also address questions about medical bills, missed work, insurer communications, and the next steps in the claim.

Seni Popat personally handles each case from start to finish. We build the strategy around the collision evidence, your injuries, and the effect the accident has had on your life.

Call (718) 340-3385 or contact us online to schedule a free consultation. We’re available 24/7, and you won’t pay a fee unless we win your case.