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If a driver hit you while you were crossing a street, you may have two separate sources of recovery: New York no-fault insurance benefits for your medical bills and lost income, and a negligence claim against the driver, the vehicle owner, or other responsible parties. What you do in the first hours and days, starting with medical care and evidence preservation, can shape both.
At Ajlouny Injury Law, we help injured pedestrians and their families sort out who is responsible, which insurance applies, and what a claim may be worth. If you were hit while crossing the street, call (516) 535-5555 to talk with our team.
Your health comes first, and getting checked right away also creates a record that links your injuries to the crash. Some injuries, including head injuries and internal injuries, don’t show their full effect for hours or days. Once you’re safe, these steps protect your claim:
Right-of-way depends on what was controlling traffic at the spot where you crossed. Where a working traffic signal or pedestrian signal was in place, the signal generally controls who had to go and who had to wait.
Where signals are missing or not operating, New York Vehicle and Traffic Law § 1151 applies to crossings in marked crosswalks and unmarked crosswalks at intersections. Brooklyn has many intersections with signals, stop signs, and unmarked crosswalks at corners, so the exact location matters before anyone can say who was at fault.
Under VTL § 1151, when no traffic signal is in operation, a driver must yield to a pedestrian crossing in a marked crosswalk or an unmarked crosswalk at an intersection, slowing down or stopping if necessary. New York law also requires every driver to use due care to avoid hitting a pedestrian, which is a separate duty under VTL § 1146.
Pedestrians have a duty of care too, they cannot suddenly step off the curb into the path of a vehicle that is so close it can’t practically yield. Video and witness accounts often decide which of those two situations actually happened.
Under VTL § 1152, a pedestrian who crosses outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles. Insurers rely on this rule heavily. But New York follows pure comparative negligence under CPLR § 1411, so a pedestrian found partly at fault has their damages reduced by their percentage of fault rather than losing the claim. Sight distance, the driver’s speed, whether the driver was watching the road, and the lighting all affect how fault is divided.
The driver isn’t always the only person to look at. Under VTL § 388, a vehicle owner can be held responsible for the negligence of someone driving the vehicle with the owner’s permission, express or implied. If the driver was working, there may be a commercial connection as well, such as an employer, a delivery company, a fleet owner, or a rideshare platform. These cases can involve commercial policies with higher limits than a personal auto policy.
We review the registration, the employment relationship, and the policies in play. Our Brooklyn car accident lawyers regularly look at commercial vehicle accident claims and Uber and rideshare accident claims for this reason.
New York’s no-fault system, set out in Article 51 of the Insurance Law, generally covers pedestrians who are struck by a motor vehicle, regardless of who was at fault. Benefits are paid through the policy of the vehicle that hit you or, in some situations, through another statutory route, such as when the vehicle can’t be identified.
Basic no-fault benefits generally cover reasonable medical expenses and a portion of lost earnings, up to the statutory limits. The no-fault regulations generally call for the application to be filed within 30 days of the accident, and late notice can sometimes be excused, so don’t wait. Find the insurer and policy number as early as you can.
To bring a lawsuit for pain and suffering after a motor vehicle crash, New York requires a “serious injury” as defined in Insurance Law § 5102(d).
The statute lists categories that include a fracture, significant disfigurement, a permanent loss of use of a body part or function, a permanent consequential limitation, a significant limitation of use, and an injury that prevents you from performing substantially all of your usual daily activities for at least 90 of the 180 days after the crash.
Medical records, imaging, and a doctor’s findings about your limitations are what document these categories.
In Brooklyn, a dispute about who had the signal or who entered the crosswalk first is often settled by video. Useful sources include:
If a broken signal, a poorly designed intersection, a missing crosswalk marking, or a defective road contributed to the crash, a government body may be responsible, and different deadlines apply. A claim against New York City or a public authority generally requires a written notice of claim within 90 days of the incident, and a lawsuit generally has to follow within one year and 90 days.
Missing the notice deadline can end the claim. For claims against a private driver, New York generally gives you three years from the date of the accident to file suit under CPLR § 214, and a wrongful death claim generally must be filed within two years of the death.
A pedestrian crash often involves more evidence and more responsible parties than it first seems. At Ajlouny Injury Law, we look at the crosswalk rules, the video, the insurance coverage, and every party who may be responsible, and we handle the insurers so you can focus on getting better. We’ll explain your options and give you an honest read on where your case stands.
Learn more about our Brooklyn pedestrian accident lawyers, and our work on catastrophic injury cases when a crash causes life-changing harm.
Contact Ajlouny Injury Law at (516) 535-5555 today to have our team review your case.
Possibly. Crossing outside a crosswalk counts against you under VTL § 1152, but it doesn’t decide the whole case. Because New York uses pure comparative negligence, your damages are reduced by your share of fault instead of being barred. If the driver was speeding, distracted, or failed to use due care, they may carry a large share of the blame.
No-fault coverage may pay your reasonable medical expenses and a portion of lost earnings, generally through the policy of the vehicle that struck you, subject to the policy’s terms and your eligibility. The application generally needs to be filed within 30 days of the accident. If the driver left the scene or can’t be identified, other routes may apply, and we can help you work out which.
That is a common claim, and the evidence often answers it. Video, witness statements, the vehicle’s speed, the driver’s sight distance, signal timing, and the point of impact can show whether you entered the road when it was safe or whether the driver had time to stop. A pedestrian who steps into the path of a car that is too close to yield can be assigned some fault, but a driver who wasn’t watching or was going too fast can still bear most of it.
Often, yes. Under VTL § 388, a vehicle owner is generally liable for the negligence of someone driving with the owner’s permission, whether express or implied. There are exceptions and defenses, such as a stolen vehicle or a use outside the permission given, so each case needs a legal review.
