Pedestrian Accident? How to Use New York Law to Make Millions!

Summary

In New York, the legal landscape for pedestrian accidents is heavily weighted in favor of those on foot, often resulting in multi-million dollar settlements because the law places the primary burden of safety on drivers. Through the principle of negligence per se, motorists are presumed at fault if they violate specific traffic laws, such as failing to yield in a crosswalk or neglecting the universal duty to exercise due care anywhere on the road. Victims can access immediate medical funding through the no-fault insurance system, yet they may also pursue significant lawsuits for pain and suffering if their injuries meet a specific serious injury threshold. Even if a pedestrian is partially responsible for an incident, the state’s pure comparative negligence rules allow them to recover damages, ensuring that the legal system prioritizes driver accountability and the protection of vulnerable citizens.

FAQs:

What insurance coverage is available immediately after a New York pedestrian accident?

Pedestrians are entitled to Personal Injury Protection (PIP) benefits, often referred to as no-fault insurance, which cover medical bills and a portion of lost wages immediately after an accident. This coverage applies regardless of who was at fault for the collision, though the injured party must typically file a no-fault application within 30 days of the incident to secure these benefits.

How does “negligence per se” affect a pedestrian accident lawsuit?

Negligence per se means a driver is presumed negligent because they violated a safety law, such as failing to yield to a pedestrian in a crosswalk under Section 1151 of the Vehicle and Traffic Law. This legal standard simplifies the recovery process because the injured party does not have to independently prove the driver was being careless; the violation of the statute serves as proof of negligence.

Can I still recover damages if I was partially at fault for the accident?

Yes, New York’s pure comparative negligence law allows pedestrians to recover compensation even if they were partially responsible for the accident. Any financial award granted by a jury or reached in a settlement will be reduced by the percentage of fault attributed to the pedestrian.

What is the 90/180-day rule in New York personal injury law?

The 90/180-day rule is a standard used to meet the “serious injury threshold,” allowing a victim to sue for pain and suffering if their injuries prevented them from performing daily activities for at least 90 of the first 180 days following the accident. This rule applies even if the individual eventually makes a full recovery, provided the medical evidence documents the substantial limitation during that initial period.

What are the requirements for filing a claim against a city bus or government vehicle?

Victims hit by a municipal or government vehicle must file a formal “notice of claim” within 90 days of the accident to preserve their right to sue. This is a strict deadline specific to government entities, and failure to meet it can result in the permanent loss of the ability to seek compensation from the city or state.

Transcription of the Video

You have likely heard that pedestrian accident cases are serious in New York; what you haven’t heard is just how high the stakes really are. There was a case last year where a 16-year-old hit in a crosswalk settled for 2.25 million, and he survived because in this city, drivers don’t just owe you caution the law presumes they are at fault when they break it. This video breaks down exactly why New York pays out millions when cars hit pedestrians and the rules that make it happen, so you know what protection you actually have and what to do if someone tries to say it is your fault.

Hi, I’m Brett Harrison, a New York personal injury attorney, and look, I’ve been handling pedestrian cases in New York for over three decades. I can tell you something that might surprise you: when a car hits a pedestrian in this city, the numbers we’re talking about aren’t hundreds or even thousands of dollars; sometimes we’re talking millions, and there’s a very specific reason why. Just last year, there was a case that settled for 2.25 million where a 16-year-old was crossing at a green light when a school bus ran a red light and hit him in the crosswalk. This poor kid had fractures, but he lived. That’s not unusual for New York; that’s what happens when drivers don’t follow the rules and hurt people walking in this city.

New York doesn’t mess around when it comes to pedestrian safety; we have some of the strongest pedestrian protection laws in the country, and they’re written in a way that puts the burden squarely on drivers’ shoulders. The foundation of everything starts with the Vehicle and Traffic Law Section 1146. This law says every driver has to exercise due care to avoid hitting any pedestrian anywhere not just in crosswalks, anywhere. If you’re walking down the street and a car hits you, that driver had a duty to see you and to avoid you, period. But it gets even stronger when we’re talking about crosswalks. Section 1151 of the Vehicle and Traffic Law requires drivers to yield the right of way to pedestrians in crosswalks. When a driver violates this law and hits someone, we call that negligence per se. What that means is the driver is presumed negligent just by breaking the law. We don’t have to prove they were careless; the law violation does that for us.

There was a case where a woman was walking in a crosswalk with the light in her favor when a driver making a left turn failed to yield and struck her. She had multiple rib fractures and serious head injuries. The driver had no excuse. That case was ultimately settled for 950,000 because the law was crystal clear: the driver violated Section 1151, and that’s negligence per se.

Here is something many people don’t understand about being hit by a car in New York: you receive money right away before we even talk about suing anybody. New York has what’s called a no-fault insurance system, and it is designed to help pedestrians immediately. When a car hits you, that car’s insurance company has to pay your medical bills and a portion of your lost wages up to at least 50,000 regardless of who is at fault. They call this personal injury protection or PIP benefits. You don’t have to prove the driver did anything wrong, and you don’t have to wait for a lawsuit; the insurance company just pays. I make sure my clients file their no-fault application within 30 days of the accident because that’s required, but once it’s filed, those medical bills start being paid right away. If you’re out of work, you can recover 80% of your lost wages, often up to 2,000 a month for up to 3 years. Now, 50,000 sounds like a lot until you’re in a hospital for a week after being hit by a car; those bills add up fast. That’s why the no-fault system is just the beginning, not the end.

To sue the driver who hit you for pain and suffering and all of your other damages, New York law requires that you sustain what’s called a “serious injury”. This is defined in Insurance Law Section 5102 and includes nine specific categories. Some of these are obvious: if you die, that’s a serious injury; if you lose a limb, that’s a serious injury; any broken bone, no matter how small, is automatically a serious injury. Significant scarring or disfigurement qualifies, but the categories that come up frequently in my practice are the ones dealing with limitations of use. If you have a permanent consequential limitation of a use of a body part or a significant limitation that lasts for a substantial period, you’ve met the threshold. There was a case involving a 15-year-old who was hit by a car and suffered a herniated disc in her neck. She went through four months of chiropractic treatment and still had documented limitations in her range of motion. The case went on to trial, and the jury awarded $550,000. The defense tried to argue her injuries weren’t serious enough, but the medical evidence proved otherwise.

There’s also what we call the 90/180-day rule: if your injuries prevent you from doing substantially all of your normal daily activities for at least 90 days out of the first 180 days after the accident, that meets the serious injury threshold even if you eventually recover. When we’re talking about millions of dollars in pedestrian cases, these awards cover several different types of damages. First, you have your economic damages: medical bills, lost wages, future medical care, and loss of earning capacity. But the significant numbers usually come from the pain and suffering damages. When a car hits a pedestrian, the injuries are often catastrophic, like broken bones, head injuries, and spinal cord damage. The human impact the pain you live with and the way your life has changed has real value under New York law. There was a case recently that settled for 1.3 million where a driver blew through a stop sign and hit a 50-year-old home health aid who fractured her ankle and needed surgery. The driver was completely at fault, making it negligence per se.

Even if you did something wrong as a pedestrian, you can still recover money in New York. We have what’s called pure comparative negligence. That means even if you were partially at fault, you can still sue and recover damages, reduced by your percentage of fault. If a jury finds you 30% at fault and awards 1 million in damages, you’d recover 700,000. Drivers who leave the roadway are frequently negligent. The law is on your side, and the compensation available reflects the serious nature of these injuries. Knowing how to navigate the law when dealing with insurance companies is what separates a good outcome from a significant one.