Hero
Pedestrian-strike cases in NYC involve no-fault coverage, often a TLC-licensed driver, and almost always a comparative-fault fight over what the pedestrian was doing in the seconds before impact. Surveillance and traffic-camera evidence often decides the case, and the preservation window is short. I have been handling pedestrian cases out of Queens for close to a quarter of a century, and the first 30 days are usually decisive.
What's different about a pedestrian-struck case
New York's no-fault law treats pedestrians struck by motor vehicles the same as vehicle occupants for purposes of Insurance Law § 5104. The at-fault vehicle's PIP covers the pedestrian's first $50,000 of medical bills and lost wages regardless of fault. To sue for pain and suffering damages, the pedestrian must satisfy the serious injury threshold under § 5102(d), which is rarely a problem because pedestrian impact almost always produces qualifying fractures, surgeries, or significant disfigurement.
NYC's Right of Way Law (Admin Code § 19-190) makes it a misdemeanor for a driver to fail to yield to a pedestrian with the right of way and creates a strong negligence per se argument when a driver violates a crosswalk signal. That statute is one of the most useful tools in the pedestrian playbook because it converts a fact dispute about fault into a near-automatic liability finding when the pedestrian was in a crosswalk with the signal.
Surveillance footage from nearby buildings, ATMs, MTA stations, and NYC DOT traffic cameras is often available but is overwritten on a 7 to 30 day cycle. Preservation demands must go out immediately and to multiple sources. Defense almost always argues comparative fault: the pedestrian crossed mid-block, against the signal, while distracted by a phone, or while wearing dark clothing at night. New York's pure comparative fault rule means even substantially-at-fault pedestrians can recover, though damages are reduced. City vehicles trigger 90-day Notice of Claim requirements under General Municipal Law § 50-e, which is far shorter than the standard three-year statute and is fatal if missed.
Applicable law
New York Insurance Law § 5102(d) defines the serious injury threshold required to sue for pain and suffering damages, and includes categories like fracture, significant disfigurement, permanent loss of use, and the 90/180-day rule. Insurance Law § 5104 establishes no-fault coverage, including pedestrian PIP from the at-fault vehicle's policy regardless of fault. New York Vehicle and Traffic Law § 388 imposes vicarious liability on vehicle owners for the negligent operation of their vehicles, which extends recovery to a fleet owner or rental company.
NY VTL § 1146 sets the driver's duty of care to pedestrians, and NY VTL § 1151 establishes pedestrian right of way at crosswalks. NYC Administrative Code § 19-190 (the Right of Way Law) makes it a misdemeanor for a driver to fail to yield to a pedestrian with the right of way and supports a powerful negligence per se theory. General Municipal Law § 50-e imposes a 90-day Notice of Claim requirement for any case against the City of New York or its agencies, including sanitation, FDNY, and NYPD vehicles.
The personal injury statute of limitations is three years under CPLR § 214(5), but the 90-day Notice of Claim deadline for City defendants takes priority and cannot be extended without successful late-notice motion. The framework operates in layers: PIP for first-dollar medicals, threshold satisfaction for tort suit, negligence per se under § 19-190, and § 388 vicarious liability to capture fleet owners. Each layer requires its own evidence and notice, and the surveillance preservation pulls the whole architecture together.
What to do right after
- Call 911 and request NYPD response. The MV-104A police report is essential evidence and required for many insurance steps.
- Photograph the scene, the vehicle, the crosswalk, and the signal phase if possible. Get the driver's license, registration, and insurance information.
- Identify any commercial markings (TLC plate, fleet number, DOT number) on the vehicle. Get witness contact information immediately.
- Demand preservation of nearby surveillance and NYC DOT traffic-camera footage in writing. Send the demand to building owners, business operators, MTA, and DOT within days.
- Seek emergency medical care and document all injuries. Do not give a recorded statement to the at-fault driver's insurer or sign any release before calling me. If a City vehicle was involved, the 90-day Notice of Claim clock has already started.
Typical defendants
- Driver who struck the pedestrian. Primary at-fault party.
- Vehicle owner. Vicariously liable under VTL § 388.
- Driver's employer. In commercial cases involving delivery drivers, service vehicles, or commercial fleets.
- TLC-licensed company. Taxi, livery, or rideshare operator with separate insurance and regulatory obligations.
- Trucking company. For commercial truck strikes, with federal motor carrier obligations layered on top.
- City of New York via NYC DOT. For sanitation, FDNY, NYPD, or other municipal vehicles, with the 90-day Notice of Claim requirement.
- Bus operator. MTA Bus Company, with municipal-style notice rules.
CTA + Compliance
If you or a family member was hit by a vehicle as a pedestrian in NYC, surveillance and traffic-camera footage may be overwritten in days, and City vehicle cases have a 90-day Notice of Claim deadline. Call my cell directly or fill out the contact form. Spanish and Arabic available on request. Free consultation. Prior results do not guarantee a similar outcome; every case turns on its own facts.