Pedestrian Accident Lawyer New York, NY

You were crossing a busy Midtown Manhattan intersection when a driver failed to yield, hitting you as you stepped off the curb. The impact threw you to the pavement. Now you are facing mounting medical bills, lost income from time away from work, and persistent pain that makes everyday tasks difficult. You need a pedestrian accident lawyer who understands how these cases unfold in New York. Mr. Sris and the firm’s Of Counsel attorneys at Law Offices Of SRIS, P.C. Concentrate on helping injured pedestrians pursue compensation for the harm they have suffered. Reach our firm at (888) 437-7747 to request a consultation about your situation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Strategy for Pedestrian Accident Claims in New York

Every pedestrian accident case begins with a thorough investigation. When you work with Mr. Sris and the firm’s Of Counsel attorneys, we examine the police report, identify witnesses, secure any available surveillance video, and consult with accident reconstruction attorneys when the facts require it. Establishing fault is the foundation of the claim. Under New York’s pure comparative fault rule (NY CPLR Article 14‑A), your recovery is reduced by the percentage of fault assigned to you, but you can still recover even if you were partially responsible. That makes it critical to build a clear liability picture from the start.

We then assess the full scope of your damages. Pedestrian injuries often include broken bones, traumatic brain injuries, spinal cord damage, and psychological trauma. We work with medical providers to document the nature and extent of your injuries and to project future care needs. Our approach also accounts for lost wages, diminished earning capacity, and the non‑economic impact on your life. Insurance companies often undervalue claims; Mr. Sris and the firm’s Of Counsel attorneys negotiate from a position grounded in carefully documented evidence.

What to Expect When You Bring a Claim

Pedestrian accident claims in New York are typically filed in the New York Supreme Court for the county where the collision occurred—such as New York County Supreme Court at 60 Centre Street. The process begins with an investigation and demand package, followed by settlement negotiations. If a fair resolution cannot be reached, we prepare to litigate. Discovery includes depositions, interrogatories, and the exchange of medical records. The court sets a compliance conference and a trial scheduling order through the Note of Issue process. Most cases resolve before trial, but preparation for trial drives settlement value.

One procedural nuance in New York is the no‑fault insurance system. When a pedestrian is hit by an insured vehicle, the pedestrian’s own no‑fault policy (or the driver’s policy, if the pedestrian has no auto insurance) may cover initial medical expenses and a portion of lost wages, regardless of fault. For pain and suffering and other non‑economic damages, New York Insurance Law § 5102 requires that the plaintiff establish a “serious injury” as defined by the statute. Mr. Sris and the firm’s Of Counsel attorneys are experienced in framing the medical evidence to satisfy this threshold.

Damages Available in a New York Pedestrian Accident Case

New York does not cap compensatory damages in personal injury cases. That means an injured pedestrian can seek full recovery for economic losses—medical expenses, rehabilitation, lost income, and future medical costs—as well as non‑economic losses including pain and suffering, emotional distress, and loss of enjoyment of life. In the tragic event of a fatal pedestrian accident, the deceased’s personal representative may bring a wrongful death claim under New York Estates, Powers and Trusts Law § 5‑4.1 for the survivors’ pecuniary loss.

Because New York applies pure comparative fault, your damage recovery is reduced by any percentage of fault the court assigns to you. For example, if you are found 20 percent responsible for the collision and your damages total $500,000, you would recover $400,000. This underscores the importance of experienced representation that can minimize comparative fault arguments from the defense.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has been practicing since 1997. A former prosecutor, he is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys bring extensive combined legal experience to personal injury matters, including pedestrian accident claims. Results may vary.

The firm’s Of Counsel attorneys are independent practitioners with backgrounds that strengthen the firm’s ability to handle complex injury litigation. Together with Mr. Sris, they work to achieve favorable outcomes for clients injured in pedestrian collisions. The firm’s New York location—by appointment—serves clients throughout New York County (Manhattan) and the surrounding boroughs. For a full statutory breakdown, see our comprehensive analysis on srislawyer.com.

Frequently Asked Questions

What should I do immediately after a pedestrian accident in New York City?

Seek medical attention right away, even if you feel your injuries are minor. Call 911 so a police report is generated. If you are able, gather the driver’s insurance information and contact details for any witnesses. Document the scene with photographs. Then contact an experienced pedestrian accident attorney before speaking with insurance adjusters. Early legal guidance helps protect your claim from common insurance‑company tactics that can reduce its value.

How long do I have to file a pedestrian accident lawsuit in New York?

If a pedestrian dies as a result of the collision, the statute of limitations for a wrongful death claim is two years from the date of death under N.Y. E.P.T.L. § 5‑4.1. Missing these deadlines can bar recovery, so it is important to speak with an attorney promptly.

Do I need a lawyer for a pedestrian accident claim in New York?

While you are not legally required to hire a lawyer, having representation significantly improves your ability to recover full compensation. Insurance companies have experienced adjusters and attorneys who work to minimize payouts. A pedestrian accident attorney handles evidence gathering, negotiates with insurers, and if necessary, litigates your case in the New York Supreme Court. For a free initial discussion of your situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

What if I was partly at fault for the pedestrian accident?

New York’s pure comparative fault rule (NY CPLR Article 14‑A) allows you to recover damages even if you were partly at fault. Your recovery is reduced by your percentage of fault. For instance, if you were found 30 percent responsible, you can still recover 70 percent of your total damages. The key is to minimize the percentage of fault assigned to you, which requires a thorough investigation and a strong presentation of evidence. Mr. Sris and the firm’s Of Counsel attorneys focus on building a record that supports maximum recovery.

How is a pedestrian accident claim different from a regular car accident claim?

Pedestrian accident claims often involve more severe injuries and different liability analyses. Unlike car‑occupant claims, pedestrians have no steel frame protecting them, so trauma is frequently catastrophic. Liability may turn on traffic‑control devices, crosswalk signals, and the driver’s duty to exercise due care to avoid hitting a pedestrian. New York Vehicle and Traffic Law provisions governing pedestrians and the “serious injury” threshold under Insurance Law § 5102 apply equally. Experienced counsel understands how to frame these factors for the insurer or the court.

Can I recover compensation if the driver who hit me fled the scene?

Yes, you may still have avenues for recovery even if the driver is not identified. Your own uninsured motorist (UM) coverage, or a household family member’s policy, may provide coverage for hit‑and‑run accidents. In some cases, other parties—such as a municipality if a malfunctioning traffic signal contributed to the collision—may bear liability. An attorney can investigate all potential sources of compensation and guide you through the claims process. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.

Also serving: Kings County (Brooklyn) personal injury lawyer | Queens County personal injury lawyer | Richmond County (Staten Island) personal injury lawyer | Nassau County personal injury lawyer

Last reviewed: July 2026

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.

By appointment only. Law Offices Of SRIS, P.C. | New York location: 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202 | (888) 437‑7747