Queens Pedestrian Accident Attorney

Injured While Walking the Streets of Queens by a Negligent Driver?

In 2018, New York motorists hit 19,542 pedestrians. Of these pedestrian accidents, 262 were fatal.

These statistics come as no surprise due to the state’s heavily populated urban centers. But, while pedestrians may be fully aware of the dangers they experience on a daily basis, accidents are no less shocking or traumatic when they occur.

At the Law Office of Seni Popat, P.C., our pedestrian accident attorney takes great pride in representing the injured residents of Queens. If you or a loved one has been in a pedestrian accident, Attorney Popat wants to be your dedicated advocate from start to finish. Our law firm is here to fight for the monetary compensation you and your loved ones need and deserve.

With more than 15 years of experience, we have successfully represented hundreds of clients and secured over $30 million in compensation. Do not hesitate to let our team help you immediately.

Schedule your free initial consultation by reaching out to us online or calling (718) 340-3385. Our Queens pedestrian accident lawyer provides accessible, flexible, and responsive services from beginning to end.

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 even e-bikes. Unlike occupants of a vehicle, pedestrians have zero protection during an impact. This physical vulnerability means that even "low-speed" collisions can result in life-altering injuries. In the eyes of the law, a pedestrian is anyone walking, running, jogging, or even sitting on a sidewalk or public space where vehicles are present.

New York City Pedestrian Laws

New York’s legal framework for pedestrian safety is robust, yet often misunderstood. Under New York Vehicle and Traffic Law (VTL), specific rules govern the interaction between walkers and drivers:

• Right of Way (VTL § 1151): When traffic control signals are not in place, drivers must yield the right of way to a pedestrian crossing the roadway within a crosswalk.
• The "Right of Way" Law (NYC Admin Code § 19-190): In NYC, it is a misdemeanor for a driver to fail to yield to a pedestrian with the right of way if they cause an injury.
• Due Care (VTL § 1146): Regardless of who has the right of way, every driver in New York has a legal "duty of care" to avoid colliding with any pedestrian and must give warning by sounding the horn when necessary.

Common Causes of Pedestrian Accidents

Despite New York’s "Vision Zero" initiatives, Queens remains home to several high-risk corridors, such as Queens Boulevard and Northern Boulevard. Common causes of these accidents include:

• Distracted Driving: Drivers looking at phones or GPS instead of the road.
• Failure to Yield During Left Turns: Research shows pedestrians are three times more likely to be hit by a vehicle turning left than one turning right.
• Speeding: Higher speeds dramatically increase the severity of pedestrian injuries.
• Impaired Driving: Alcohol and drugs remain leading factors in fatal collisions.
• Aggressive Maneuvers: "Beating the light" or weaving through traffic.

Who is Liable for a Pedestrian Accident?

In New York, liability is often shared, but the primary burden of safety lies with the driver of the multi-ton vehicle.

• Driver Liability: Drivers are liable if they violate traffic laws or fail to exercise reasonable care.
• Government Liability: If a poorly timed signal, missing crosswalk paint, or a malfunctioning streetlight contributed to the accident, the City of New York may be held responsible.
• Pure Comparative Negligence: New York follows a "pure comparative negligence" system. This means that even if you were partially at fault (e.g., crossing mid-block), you can still recover compensation. Your total award is simply reduced by your percentage of fault. For example, if you are awarded $100,000 but found 20% at fault, you would receive $80,000.

Compensation Available for Injured Pedestrians

Because New York is a no-fault insurance state, the initial source of compensation is typically the Personal Injury Protection (PIP) policy of the vehicle that hit you. PIP covers up to $50,000 in economic losses, including:

• Medical bills and rehabilitation costs.
• Up to 80% of lost wages (capped at $2,000 per month).
• Reasonable expenses (like transportation to doctors).

Pursuing a Personal Injury Lawsuit

If your injuries are "serious" as defined by NY Insurance Law § 5102(d)—such as fractures, permanent limitation of a body organ, or disability lasting more than 90 days—you can step outside the no-fault system to sue for non-economic damages. These include:

• Pain and Suffering: Compensation for physical pain and emotional distress.
• Loss of Enjoyment of Life: For the inability to participate in hobbies or daily activities.
• Future Medical Care: For long-term therapy or home modifications.
• Punitive Damages: Available in cases involving extreme recklessness, like drunk driving.

How Do Pedestrian Accident Claims Work?

New York is a no-fault insurance state. In other words, motorists are required by law to carry Personal Injury Protection (PIP) coverage. In the event of an accident, the insurer covers the medical expenses of the policyholder (no matter who caused the collision).

So, when a motorist hits a pedestrian in New York, the pedestrian may file a claim with:

• The motorist’s insurance company;
• The insurer of the pedestrian’s household family relative with an auto policy (if the pedestrian did not know the vehicle, or the vehicle was not covered by PIP insurance); or
• The Motor Vehicle Accident Indemnification Corporation (if no one in the pedestrian’s household carries insurance).

The compensation a pedestrian receives through any of these claims should cover both lost earnings and medical expenses (e.g., hospitalizations, medication, physical therapy, etc.).

Unfortunately, PIP coverage is only $50,000, which means it likely won’t cover the costs of a serious injury. It also does not provide anything in the way of compensation for pain and suffering. A pedestrian who requires additional compensation beyond the $50,000 threshold will need to file a lawsuit against the driver. If this is the case for you, our attorney is fully prepared to fight for a positive case outcome on your behalf.

Pedestrian Accident FAQs

What if the driver fled the scene?

If you are the victim of a hit-and-run in Queens, you may be able to file a claim through your own auto insurance policy's Uninsured Motorist (UM) coverage or via the Motor Vehicle Accident Indemnification Corporation (MVAIC), a state-run fund for victims of uninsured drivers.

How long do I have to file a claim?

Generally, the statute of limitations for personal injury in New York is three years. However, if you are suing a government entity (like the NYC Department of Transportation), you must file a Notice of Claim within 90 days.

What should I do immediately after the accident?

• Call 911 and ensure a police report is filed.
• Seek medical attention immediately—some injuries, like internal bleeding or concussions, aren't always obvious.
• Capture photos of the scene and collect contact info from witnesses.
• Contact a Queens pedestrian accident attorney before speaking to any insurance adjusters.

What if I was hit by a car while jaywalking?

In New York, you can still recover compensation even if you were crossing outside of a marked crosswalk or against a signal. Because of New York’s pure comparative negligence rules, "jaywalking" does not automatically disqualify you from a claim. While your total compensation might be reduced by your percentage of fault, the driver still has a legal "duty of care" to avoid striking a pedestrian if they had the opportunity to stop or swerve.

I don’t own a car. Who pays my medical bills?

Even if you are a non-driver, you are covered by New York’s no-fault laws. If you are struck by a vehicle, the driver’s insurance company is responsible for paying your initial medical bills and lost wages through their Personal Injury Protection (PIP) coverage. If the driver is uninsured or it was a hit-and-run, you may be eligible for benefits through a household member’s auto policy or the Motor Vehicle Accident Indemnification Corporation (MVAIC).

Is there a deadline to apply for No-Fault benefits?

Yes, and it is much shorter than the deadline for a lawsuit. You must file a written No-Fault application (Form NF-2) within 30 days of the accident. Missing this deadline can result in a denial of coverage for your medical treatments and lost wages, regardless of how clearly the driver was at fault.

Can I sue the City of New York for a dangerous intersection?

Yes. If a malfunctioning traffic light, obscured stop sign, or poor road design in Queens contributed to your accident, you may have a claim against the municipality. However, claims against government entities have very strict requirements, including filing a Notice of Claim within 90 days of the incident.

What is the "Serious Injury Threshold" in New York?

To sue a driver for "pain and suffering" (non-economic damages), your injury must meet the legal definition of "serious" under NY Insurance Law § 5102(d). This includes:

• Fractures (broken bones).
• Significant disfigurement or scarring.
• Permanent loss or limitation of a body organ or member.

A non-permanent injury that prevents you from performing your usual daily activities for at least 90 of the 180 days following the accident.

Should I give a recorded statement to the driver’s insurance company?

No. You should never provide a recorded statement or sign any waivers without first consulting a Queens pedestrian accident lawyer. Insurance adjusters often look for statements they can use to shift the blame onto you or downplay the severity of your injuries.

What if I am a tourist or non-resident hit in Queens?

You have the same rights to seek compensation as any local resident. New York law protects anyone injured within state lines. Our firm can handle your case remotely, ensuring you receive top-tier representation even after you return home.

Get Your Personalized Case Assessment Today

While no amount of money may undo the pain you experienced, compensation can help you maximize your likelihood of achieving a full recovery. By covering medical expenses and compensating for lost wages, it can help you take as much time as necessary to heal at home instead of working through your injury.

At the Law Office of Seni Popat, P.C., our pedestrian accident lawyer in Queens has years of experience securing fair compensation for our clients. We are fully prepared to fight for your financial well-being and hold the responsible motorist accountable for their negligence.

Call (718) 340-3385 or contact us online to begin with a complimentary case evaluation. Our Queens pedestrian accident attorney personally handles each case from start to finish and works tirelessly to be there for you whenever you need him.