New York Pedestrian Accident Lawyer

Every year, hundreds of pedestrians are killed in accidents across New York—especially in New York City, where traffic is heavy, roads and sidewalks are crowded, and drivers can be unpredictable. If you or a loved one have been injured in a pedestrian accident anywhere in New York, reach out to Lever & Ecker’s experienced New York personal injury lawyers today to schedule a free case review.

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Danial G. Ecker
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Founding Partner

Pedestrian Accident Law Firm Serving All of New York State

At Lever & Ecker, our attorneys are well-equipped to handle pedestrian accident cases throughout the state, with offices in White Plains, Queens, and The Bronx. We take a hands-on approach to every client’s matter, guiding them through each step of the legal process with the goal of making a real difference in mind. Our attorneys serve injured people across New York, including in:

Why Hire Lever & Ecker’s New York Pedestrian Accident Lawyers?

Lever & Ecker’s award-winning New York personal injury lawyers have over 70 years of combined experience representing injured people and recovering significant compensation for pedestrian accident victims. Our approach is simple: we listen to you, guide you, and handle what needs to be done right away. We have a 99 percent success rate and are always prepared to go to trial on your behalf if necessary.

Pedestrian Accident Settlements We’ve Recovered for Our Clients

Client Spotlight: Struck by a Car While Walking with a Coworker and the Journey to Recovery

How Dangerous is New York for Pedestrian Accidents?

In New York, pedestrian accidents are one of the top ten causes of injury-related hospital admissions and deaths for almost every age group. Pedestrian fatalities occur when anyone on foot dies from injuries sustained from a crash with a motor vehicle. Roughly 300 pedestrians are killed statewide each year, and another 15,000 are injured in accidents.

According to data from the New York City Department of Health and Mental Hygiene, between 2012 and 2014, nearly 500 pedestrians died in New York City alone, making up more than half of all traffic-related fatalities in the city. More than three-quarters of these fatalities were caused by cars, with the rest mostly caused by trucks and buses. Older adults over age 65 are at the highest risk by far of being injured or killed in a pedestrian accident, and men are twice as likely to die in a pedestrian accident than women.

What Causes Pedestrian Accidents in New York?

Pedestrian accidents in New York have a multitude of causes, ranging from driving under the influence of alcohol or drugs to issues with road design or construction. Some of the most common causes of New York pedestrian accidents include:

  • Driver distraction
  • Failure to yield
  • Speeding
  • Impaired driving
  • Unsafe turns
  • Poor weather conditions
  • Jaywalking
  • Parking lot incidents
  • Road design issues
  • Aggressive driving

Common Injuries in Pedestrian Accidents in New York

Pedestrian accidents in New York often leave victims with severe injuries that can be lifelong or even fatal. Some of the most common pedestrian injuries that occur in accidents include:

  • Head trauma
  • Broken bones
  • Herniated discs
  • Lacerations and abrasions
  • Internal injuries
  • Traumatic brain injuries
  • Wrongful death
David B. Lever

David B. Lever

Founding Partner

When a pedestrian is struck by a vehicle, it often results in severe injuries, such as head trauma, broken bones, or herniated discs, due to the impact of the vehicle or the fall to the ground. Unfortunately, we also receive calls from people who have lost a loved one in such accidents.

Will New York No-Fault Insurance Cover Your Losses After a Pedestrian Accident?

New York is a no-fault insurance state, meaning that all automobile insurance policies must provide coverage to reimburse the basic economic losses of anyone injured in a car crash, regardless of whose fault the crash was. However, this does not prevent an injured person from pursuing legal action against another driver who is responsible for those injuries.

Under New York law, you can file a civil lawsuit against an at-fault driver if you or a loved one suffered a qualifying “serious injury” under state law. Through a lawsuit, you may be able to recover more extensive damages than an insurance claim alone, maximizing your potential compensation.

What Damages Can New York Pedestrian Accident Victims Recover in a Lawsuit?

While no-fault insurance covers the reimbursement of some damages like medical bills and lost income, it does not compensate victims for non-economic losses like pain and suffering. Through a pedestrian accident lawsuit, you could recover multiple additional types of damages, including:

  • Pain and suffering
  • Emotional distress
  • Past and future medical expenses
  • Lost wages
  • Funeral expenses
  • Loss of income and financial contributions
  • Loss of consortium

How Long Do You Have to Sue After Being Injured as a Pedestrian in New York?

The New York personal injury statute of limitations typically gives injury victims three years from the date of their injury to file a lawsuit. However, there are limited exceptions. For example, wrongful death cases must be filed within two years, and lawsuits against the government have their own regulations. It is crucial to consult an experienced New York pedestrian accident lawyer to confirm the statute of limitations for your case and ensure you file on time.

Who Can You Sue in a Pedestrian Accident Lawsuit in New York?

In a pedestrian accident lawsuit in New York, there may be several liable parties involved. Most commonly, the driver who struck the pedestrian is liable. However, in some cases, the driver’s employer, the owner of the car, the city, or the car manufacturer could also be liable for your injuries, depending on the circumstances of your case.

David B. Lever

David B. Lever

Founding Partner

In a pedestrian accident, the first party we consider for liability is the driver of the vehicle that struck our client. However, the driver is not always the sole owner of the vehicle. It could be a friend letting another friend drive their car, a child driving a parent’s car, or someone driving a work vehicle. We explore all potential sources of compensation to ensure our client receives the fullest recovery possible.

Can You Still File a Lawsuit if You Were Partially at Fault for the Pedestrian Accident?

New York operates under a system of comparative negligence, meaning that injured people can still recover damages in a lawsuit even if they were partially—or even mostly—at fault for the accident. However, if you were partially responsible, your damages will be reduced by the percentage of fault you have.

Adam Weiss

Adam C. Weiss

Founding Partner

In New York, contributory negligence is an important legal standard that allows you to recover damages even if you were slightly at fault for your own accident. For example, if you were crossing the street outside of the crosswalk in the middle of the roadway at night and it was difficult for you to be seen, but the driver still had the opportunity to avoid the collision and see you, a jury could find that both you and the driver were negligent. In such cases, you could still recover for your injuries.

Contact Lever & Ecker Today

If you or a loved one have been injured in a pedestrian accident anywhere in New York, Lever & Ecker can help. With offices in White Plains, the Bronx, and Queens, we serve injured clients throughout the state, including all five boroughs of New York City, all of Westchester County, and the surrounding counties. We make home and hospital visits, so if you can’t come to us, we’ll come to you.

At Lever & Ecker, our attorneys have the skills, knowledge, and experience to handle your case and provide the resources you need to make the right legal decisions and get the right care. To schedule a free consultation, call (914) 288-9191 or (718) 933-3632. You can also reach out using our online contact form.

dan ecker, david lever, and adam weiss

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