A New York pedestrian struck by a motor vehicle has three years from the date of the crash to file a personal injury lawsuit and is covered by no-fault insurance benefits through the at-fault driver's policy, regardless of who caused the crash. Under New York Vehicle and Traffic Law section 1146, every driver has a legal duty to watch for and avoid pedestrians, and a driver who seriously injures a pedestrian is legally presumed to have been negligent. Pedestrian accident settlements in New York typically range from $50,000 for moderate injuries to $5 million or more for catastrophic harm such as traumatic brain injury, paralysis, or wrongful death. Porter Law Group has recovered over $500 million for injured New Yorkers across offices in Albany, Buffalo, New York City, Rochester, and Syracuse. Call 833-PORTER9 for a free case review.
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New York has one of the most pedestrian-protective legal frameworks in the country, built on three pillars that work together in every pedestrian accident case. The first is Vehicle and Traffic Law section 1146, which imposes an affirmative due-care duty on every driver to avoid colliding with pedestrians, bicyclists, and even domestic animals. Drivers cannot simply rely on right-of-way rules; they have an independent duty to watch for and avoid people on the road.
The second pillar is the rebuttable presumption built into section 1146(c). When a driver causes serious physical injury to a pedestrian through failure to exercise due care, the law presumes the driver was negligent. The driver must affirmatively prove otherwise. This is a powerful evidentiary tool that shifts much of the burden onto the defendant in serious-injury pedestrian cases.
The third pillar is New York's pure comparative fault rule, which allows pedestrians to recover damages even when partially at fault for the accident. A pedestrian found 60% at fault for crossing outside a crosswalk still recovers 40% of the damages, rather than being barred entirely as in some other states.
New York City has also added a layer of street-safety law on top of these state rules. The city's Vision Zero program, launched in 2014, has produced significant reductions in traffic fatalities through redesigned streets, speed cameras, leading pedestrian intervals, and lower speed limits. NYC DOT reported 111 pedestrian deaths citywide in 2025, a 9% decline from 2024 and one of the lowest totals since record-keeping began in 1910.
Pedestrian crashes in New York follow predictable patterns. Understanding what caused your crash is one of the first steps toward building a claim.
New York's Vehicle and Traffic Law dedicates an entire article (Article 27) to pedestrians' rights and duties. The provisions most relevant to pedestrian accident cases are summarized below:
| Statute | What it requires |
|---|---|
| VTL section 1146 | Every driver must exercise due care to avoid colliding with any pedestrian. If a driver causes serious physical injury through failure of due care, the law creates a rebuttable presumption against the driver. |
| VTL section 1151 | When traffic signals are not in place or are not operating, drivers must yield the right of way to pedestrians in marked or unmarked crosswalks. |
| VTL section 1151-a | Drivers entering or exiting a driveway, alley, or building must yield to pedestrians on the sidewalk. |
| VTL section 1152 | Pedestrians crossing at points other than crosswalks must yield to vehicles, but this does not relieve drivers of their due-care duty under section 1146. |
| VTL section 1153 | Drivers must yield to any pedestrian who is blind or visually impaired and is accompanied by a guide dog or using a metallic, white, or white-tipped cane. |
Two important nuances. First, drivers cannot pass another vehicle that is stopped at a crosswalk to allow a pedestrian to cross. This rule (VTL section 1151(c)) targets the dangerous pattern of a second vehicle passing a stopped first vehicle and striking the pedestrian. Second, even when a pedestrian violates a rule (for example, by crossing against a signal), the driver still has a duty under section 1146 to exercise due care. New York courts consistently hold that a pedestrian's failure to use a crosswalk does not relieve the driver of the obligation to watch for and avoid pedestrians who are visible in the roadway.
Pedestrians struck by motor vehicles in New York are covered by no-fault Personal Injury Protection benefits, even though they were not in a vehicle at the time. The coverage comes from the at-fault driver's auto policy, regardless of who was at fault for the crash. Standard no-fault benefits include up to $50,000 in coverage for:
To preserve no-fault benefits, the pedestrian must file an application within 30 days of the accident. Missing this deadline can forfeit the entire $50,000 in benefits. Porter Law Group helps clients file no-fault applications promptly while building the larger personal injury claim against the at-fault driver.
Importantly, no-fault is not a substitute for the third-party claim. To recover for pain and suffering, lost earning capacity beyond the no-fault cap, and other non-economic damages, a pedestrian must bring a personal injury claim against the at-fault driver. Pedestrians, like other vehicle occupants, must satisfy New York's serious injury threshold (Insurance Law section 5102(d)) to recover non-economic damages, which means showing a fracture, significant disfigurement, permanent loss or limitation of a body function, or 90 or more days of medical impairment within the 180 days following the accident. Most pedestrian accidents involve injuries that satisfy this threshold easily.
Pedestrians struck while crossing outside a crosswalk, or against a signal, still have valid claims in New York. The defense will argue comparative fault under VTL section 1152, which requires pedestrians outside crosswalks to yield to vehicles. However, two well-established rules limit how much that argument can reduce recovery.
First, even when a pedestrian violates section 1152, the driver remains bound by the due-care duty under section 1146. A driver who sees a pedestrian in the roadway and has time to slow down or stop, but fails to do so, can still be found primarily at fault. Courts consistently hold that driving past a visible pedestrian without taking reasonable action is negligence regardless of where the pedestrian was crossing.
Second, New York follows the pure comparative fault rule. Even if a pedestrian is found primarily at fault, the recovery is reduced by that percentage rather than eliminated. A pedestrian found 70% at fault for crossing against a signal still recovers 30% of the case value. In a $1 million case, that is still $300,000.
Porter Law Group routinely counters comparative fault arguments by establishing the driver's negligence through electronic data recorder readings, surveillance footage, witness statements, and reconstruction analysis. Many cases that look like pedestrian-at-fault situations on the surface turn out to involve a speeding, distracted, or impaired driver who would have hit the pedestrian regardless of where the crossing occurred.
Pedestrian accident settlements in New York vary widely based on injury severity, available insurance coverage, the strength of liability evidence, and the impact on the victim's life. Because pedestrians have almost no physical protection from a vehicle impact, even relatively low-speed collisions can produce serious or catastrophic injuries that drive high case values:
| Injury severity | Typical settlement range | Examples |
|---|---|---|
| Moderate | $50,000 to $250,000 | Fractures requiring surgery, concussion, soft tissue with permanent restrictions |
| Serious | $250,000 to $1,500,000 | Traumatic brain injury, multiple fractures, significant scarring, partial disability |
| Severe | $1,500,000 to $5,000,000 | Spinal cord injury, amputation, severe burns, significant permanent disability |
| Catastrophic | $5,000,000 to $50,000,000 or more | Quadriplegia, severe TBI, wrongful death |
Compensable damages fall into three categories. Economic damages cover past and future medical bills, lost wages, lost earning capacity, and ongoing rehabilitation costs. Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. New York imposes no statutory cap on non-economic damages in pedestrian cases. Punitive damages are uncommon but may be awarded against drivers who were grossly intoxicated, fled the scene, or otherwise acted with reckless disregard for safety.
Because pedestrians have no airbags, seat belts, or vehicle frame to absorb impact, the injuries from a collision with a motor vehicle are dramatically more severe than typical car-crash injuries. The injury patterns below appear in most serious New York pedestrian cases:
Traumatic brain injury. Head impact against the vehicle, the pavement, or both can cause concussion, diffuse axonal injury, and permanent cognitive impairment. Serious TBI cases in New York commonly produce verdicts between $500,000 and several million dollars.
Spinal cord injury and paralysis. High-energy impacts can cause partial or complete spinal cord damage. Lifetime care costs for complete quadriplegia commonly exceed $5 million.
Amputation injuries. Crush injuries to legs and feet, particularly in collisions with larger vehicles, can require surgical amputation.
Burns. Friction burns from being dragged or thrown across pavement, and burns from ignited fuel in serious crashes, can produce severe scarring and require skin grafts.
Multiple complex fractures. Fractures of the legs, hips, pelvis, ribs, and spine are the rule rather than the exception in pedestrian crashes. Many require surgical fixation and produce permanent restrictions.
Internal injuries. Damage to the spleen, liver, lungs, kidneys, and intestines is common in high-impact pedestrian crashes. These injuries are frequently life-threatening and require emergency surgery at major trauma centers.
Soft tissue and orthopedic injuries. Ligament tears, tendon injuries, and joint dislocations often appear alongside fractures and can produce lasting limitations even when the more dramatic injuries heal.
Identifying every potentially liable party is essential because each defendant brings additional insurance coverage to the recovery pool. Common defendants in New York pedestrian cases include:
Other parties. Construction contractors who left dangerous conditions on the road, property owners with hazards spilling onto walkways, and others may be liable in specific cases.
The at-fault driver. Almost always a primary defendant.
The driver's employer. If the driver was working at the time of the crash, the employer may be vicariously liable. This applies routinely to delivery drivers, rideshare operators, taxis, commercial trucks, and company vehicles. For commercial truck-on-pedestrian cases, see our New York truck accident lawyer page.
Government entities. Cities, counties, and the State of New York can be liable for defective road design, missing or inadequate signage, malfunctioning traffic signals, and inadequate lighting at known dangerous intersections. These claims require a Notice of Claim within 90 days and have specific procedural requirements.
Bars and restaurants. Under the New York Dram Shop Act, an establishment that served a visibly intoxicated person who then struck a pedestrian may share liability.
Vehicle owners. Under VTL section 388, the owner of a vehicle is liable for the negligence of any driver operating the vehicle with permission, even when the owner is not the driver.
Speak With a Pedestrian Accident Attorney Today
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If you were struck by a vehicle, these steps protect both your health and your legal claim:
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Porter Law Group has recovered over $500 million for injured New Yorkers and represents pedestrian accident victims statewide from offices in Albany, Buffalo, New York City, Rochester, and Syracuse. Our practice rests on four commitments.
No fee unless we win. All pedestrian cases are handled on a contingency basis. You pay nothing up front, and our fee is a percentage of the recovery, only if we win.
Free consultations, available 24/7. Hospital and home visits are available statewide for clients who cannot travel.
Statewide trial experience. Cases tried before judges in Onondaga, Erie, Albany, Monroe, New York, Kings, Queens, and Suffolk Counties, with deep familiarity of how New York pedestrian cases are valued and litigated.
Direct attorney access. You will speak with the attorney handling your case. Meet our team on the Attorneys and Staff page, read client testimonials, and learn more about our firm.
The statute of limitations for a New York pedestrian accident personal injury lawsuit is three years from the date of the crash. Wrongful death claims must be filed within two years of death. Claims against government entities require a Notice of Claim within 90 days. Your no-fault application must be filed within 30 days or you lose that coverage. Contact a New York pedestrian accident lawyer promptly, as multiple deadlines can apply to the same case.
Yes. Pedestrians struck by motor vehicles in New York are covered by Personal Injury Protection benefits through the at-fault driver's auto policy, regardless of fault. Standard no-fault covers up to $50,000 for medical bills, 80% of lost wages up to $2,000 per month, and other necessary expenses. The application must be submitted within 30 days. This coverage is separate from any personal injury lawsuit you may file for pain and suffering and long-term losses.
Yes. New York's pure comparative fault rule allows you to recover even if you were partially at fault. Your award is reduced by your percentage of fault, not eliminated. A pedestrian found 70% at fault for crossing against a signal still recovers 30% of the total case value. Drivers remain legally required to use due care to avoid visible pedestrians regardless of where the crossing occurred.
Hit-and-run crashes are recoverable in New York. If the driver cannot be identified, you can make a claim through your own uninsured motorist coverage or through a resident relative's auto policy. New York requires all auto policies to include uninsured and underinsured motorist coverage, with a minimum of $25,000 per person. Porter Law Group identifies all available coverage layers in every hit-and-run case, including household policies that many clients do not know apply to them.
Children under four years old in New York are legally presumed incapable of contributory negligence, meaning the defense cannot argue the youngest children were at fault. The filing deadline is also paused until the child turns 18 in most cases, giving families more time. Any settlement for a child requires court approval to ensure the money is preserved for the child's benefit. Porter Law Group handles the court approval process as part of every minor's case.
Yes. Porter Law Group represents pedestrian accident victims statewide, with offices in Albany, Buffalo, New York City, Rochester, and Syracuse. We handle cases in every region of the state. For Syracuse-area cases specifically, see our Syracuse pedestrian accident lawyer page, or visit our locations page for the office nearest you.
Founder and managing partner of Porter Law Group. Harvard University (B.A., 1994), Syracuse University College of Law (J.D., 1997). Former U.S. Army JAG Corps Captain, Airborne Training School graduate. Super Lawyers 14 consecutive years, 10.0 Superb on Avvo, Distinguished rating from Martindale-Hubbell. Over 20 years of trial experience and $500 million in recoveries.
Reviewed by Michael S. Porter, J.D. | Last updated: [April, 2026]
Porter Law Group represents pedestrian accident victims throughout New York State. Our five offices serve clients no matter where the crash occurred:
For information on each office, visit our statewide locations page. For broader coverage of New York motor vehicle cases, see our car accidents practice page, and read recent updates on the Porter Law Group blog.
If you or a loved one was struck by a motor vehicle anywhere in New York, contact Porter Law Group for a free, confidential consultation. We will preserve evidence including surveillance footage and electronic data, file your no-fault application to protect your $50,000 in immediate benefits, identify every potentially liable party, explain your rights under New York law, and outline the next steps, at no cost and with no obligation to retain our firm.
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