The law that applies to your claim
Right of way — VTL §1151
Drivers must yield to a pedestrian crossing within a crosswalk, marked or unmarked, on the driver’s half of the roadway. Failure to yield is both a traffic violation and evidence of negligence.
Due care regardless — VTL §1146
Even outside a crosswalk, every driver must exercise due care to avoid a pedestrian and must sound the horn when necessary. A pedestrian outside a crosswalk is not fair game.
Hit and run — the MVAIC claim
If the driver fled or was uninsured, a claim may lie against the Motor Vehicle Accident Indemnification Corporation. MVAIC has its own short notice requirement — generally within 90 days — and missing it forfeits the claim.
Your medical bills go through the vehicle’s no-fault carrier
People are often surprised by this: a pedestrian struck by a motor vehicle in New York generally claims no-fault benefits from the vehicle’s insurer, not from their own health plan. That covers medical treatment and a portion of lost earnings regardless of fault.
The same 30-day filing deadline applies. And as in any no-fault claim, it pays nothing for pain and suffering — to reach that you must clear the serious injury threshold of Insurance Law §5102(d), which pedestrian injuries frequently do.
Where these collisions happen
- Crosswalks, especially with vehicles turning across the walk signal
- Vehicles backing out of driveways and parking spaces
- Parking lots and garage exits
- Bus stops and mid-block crossings
- Sidewalks struck by vehicles leaving the roadway
- Construction zones where the walkway was closed without a safe alternative
When the city may share responsibility
Not every pedestrian case is only about the driver. A missing or malfunctioning signal, an obscured sight line, an unlit crossing, or a construction detour that pushed pedestrians into traffic can make a municipality or contractor responsible too.
That possibility has to be identified fast, because a claim against a public entity generally requires a notice of claim within 90 days under General Municipal Law §50-e.
How long you have to act
- Three years from the date of the accident for most negligence claims (CPLR §214).
- Two years for wrongful death (EPTL §5-4.1).
- 90 days to serve a notice of claim where a city, county, school district, transit authority or other public body is involved (General Municipal Law §50-e), with suit generally within one year and 90 days.
The 90-day rule is the one that quietly ends otherwise strong cases. If a public entity may be involved, that is the first thing to check — not the last.
What it costs
Nothing up front. These cases are handled on contingency: there is no fee unless we win, and the consultation is free. You will be told the percentage and how expenses are handled, in writing, before you sign anything.
Common questions
I was crossing outside the crosswalk. Is my claim over?
No. It goes to comparative fault under CPLR §1411, which reduces recovery by your share rather than barring it. Drivers still owe a duty of due care under VTL §1146.
The driver was never identified.
A claim may still lie through MVAIC or through uninsured motorist coverage on a household policy. Both have short notice deadlines, so this needs attention immediately.
Who pays while I am out of work?
No-fault from the vehicle’s insurer covers a portion of lost earnings, subject to statutory limits. Anything beyond that is part of the claim against the driver.
