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If you get hit by a car as a pedestrian in New York, you likely have questions about your legal rights and who will pay for your recovery. The good news is that you have options. Here’s what you need to know about claiming compensation after a New York pedestrian accident.
Pedestrian Rights in New York
New York law protects pedestrians by requiring drivers to act carefully. New York Vehicle and Traffic (VAT) Law § 1146 requires drivers to exercise “due care” to avoid colliding with pedestrians. This means drivers must be alert and cautious and take necessary steps—like honking their horns—to prevent accidents.
Additionally, NY VAT § 1151 gives pedestrians the right of way in crosswalks. Drivers must yield to pedestrians who are in or entering a crosswalk. NY VAT § 1152 further clarifies that pedestrians crossing outside of crosswalks must yield to vehicles, but this does not relieve drivers of their duty to exercise care.
No-Fault Insurance and Pedestrian Accidents in New York
In New York, no-fault insurance laws apply to most car accidents, including those involving pedestrians. If a motorist hits you as a pedestrian, you can file a claim under the driver’s no-fault insurance policy. New York requires drivers to carry no-fault insurance, which covers medical expenses, lost wages, and other related costs, regardless of who caused the accident.
Basic no-fault insurance covers up to $50,000 in losses. You can use this coverage to pay for necessary medical treatments, including doctor visits, hospital stays, and physical therapy. It also covers a portion of your lost wages if your injuries prevent you from working. You must file a no-fault claim within 30 days of the accident to receive benefits. If you miss this deadline, you could lose access to coverage.
When Can a Pedestrian File a Lawsuit for Serious Injuries?
New York allows you to “step outside” of the no-fault system and file a lawsuit against the at-fault driver if you suffer severe harm in a car accident. Specifically, New York Insurance Law § 5102(d) says you must meet the “serious injury” threshold to sue. Serious injuries include those that result in fractures, disfigurement, and significant limitations in body function.
If your injuries qualify, you can seek compensation beyond what no-fault insurance provides. This includes compensation for losses that exceed the $50,000 no-fault limit and compensation for pain and suffering, emotional distress, and long-term medical expenses. However, you must prove that the motorist’s negligence caused your injuries. Filing a lawsuit isn’t easy, but it can allow you to recover the full compensation you need to move forward after a severe injury.
What Happens If the Motorist Is Uninsured or Flees the Scene?
If the motorist who hit you is uninsured or flees the scene, you still have options for recovering compensation. New York law requires drivers to carry uninsured motorist coverage as part of their auto insurance policies. This coverage can pay for your medical expenses, lost wages, and other losses if the responsible driver does not have insurance or cannot be identified.
If you do not own a car, you can still file a claim through the Motor Vehicle Accident Indemnification Corporation (MVAIC). The MVAIC is a nonprofit that provides coverage for New York residents who get hurt in accidents and have no other auto insurance available to them. To qualify for MVAIC benefits, you must report the incident to the police within 24 hours and file a claim within 90 days if the accident was a hit-and-run.
Contact a New York Pedestrian Accident Lawyer Now
If a motorist has hit you while you were a pedestrian in New York, CDH Law PLLC can review your case and help you understand your legal options for seeking compensation. Contact us today to arrange your initial consultation and learn how we can fight for the financial recovery you deserve.
Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns and villages of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay.