New York Pedestrian Accident Lawyer
CASE RESULTS
$10,581,576
MILLION
Guaranteed lifetime payment secured for an eleven-year-old girl from the Caribbean who was seriously injured after being struck by a van while crossing the street. The client sustained a fracture of the left wrist and underwent surgery to her knee and lower back.
Pedestrians are among the most vulnerable people on New York’s streets. When a vehicle strikes someone on foot, the injuries are usually severe, and the consequences can last long after the crash scene is cleared.
If you or a loved one was hit by a car, truck, or commercial vehicle while you were walking in New York, partnering with a New York pedestrian accident lawyer can help you understand your rights, protect critical evidence, and evaluate whether compensation may be available under New York law.
At The Law Offices of Omrani & Taub, P.C., we represent pedestrians injured throughout New York City and surrounding areas. Our focus is on careful investigation, clear communication, and helping injured people make informed decisions during a challenging time.
Call 1-800-JUSTICE® for a free consultation.
Why Pedestrian Accidents Are So Serious in New York
New York’s dense traffic, frequent intersections, delivery vehicles, and constant construction activity create a uniquely dangerous environment for pedestrians. Unlike drivers, pedestrians have no physical protection in a collision, so they bear the most significant force of the impact.
As a result, pedestrian accidents often lead to:
- Traumatic brain injuries (TBIs) and concussions
- Spinal cord injuries and paralysis
- Broken bones and crush injuries
- Internal organ damage
- Severe soft tissue injuries
- Long-term mobility limitations
- Psychological trauma, including anxiety or PTSD
Even at relatively low speeds, the force of impact between a vehicle and a pedestrian can be devastating and life-changing.
When Should I Contact a New York Pedestrian Accident Lawyer?
Many injured pedestrians wait to speak with a lawyer because they assume the insurance company will “take care of it,” or because they are unsure whether they were partially at fault. In reality, early guidance can be especially important in pedestrian cases.
You can benefit from speaking with our New York pedestrian accident attorneys if:
- You suffered injuries requiring emergency care, surgery, or ongoing treatment
- The driver or insurer disputes fault
- The vehicle involved was a delivery truck, commercial vehicle, or government vehicle
- Video evidence or witness accounts may exist
- You are receiving calls or requests for recorded statements
- The full extent of your injuries is still unclear
A free consultation does not require you to file a lawsuit. It helps clarify your options so you can make the best decision possible under your unique circumstances.
How Omrani & Taub Handles Pedestrian Accident Cases
At Omrani & Taub, our approach emphasizes preparation and clarity. We focus on:
- Early investigation and evidence preservation
- Careful analysis of liability, including commercial and municipal involvement
- Documentation that reflects the real impact of injuries
- Clear communication with our clients
- Preparing cases thoroughly, whether they are resolved through negotiation or litigation
We understand that many clients come to us while still recovering, and we aim to make the legal process as manageable as possible so you can focus on your physical and emotional recovery.
Jaywalking Is No Longer Illegal in NYC—But That Does Not Guarantee a Winning Pedestrian Accident Claim
In 2024, New York City changed how it enforces pedestrian crossing laws. Crossing the street outside of a marked crosswalk—commonly referred to as jaywalking—is no longer a criminal offense in the city. For many pedestrians, this change felt like a meaningful shift toward recognizing how people actually move through New York streets.
However, this change in enforcement has also led to widespread misunderstanding—especially among people injured in pedestrian accidents. The fact that jaywalking is legal in NYC does not mean a pedestrian automatically wins a personal injury claim after being hit by a vehicle.
Traffic Enforcement vs. Civil Liability
One of the most important distinctions in all crashes, and especially in pedestrian accident cases, is the difference between traffic enforcement and civil liability.
- Traffic enforcement determines whether a police officer issues a ticket or citation.
- Civil liability determines whether someone may be financially responsible for injuries caused by a crash.
While police officers no longer issue tickets solely for crossing mid-block, courts and insurance companies still evaluate whether each party acted reasonably under the circumstances. In other words, avoiding a ticket does not determine fault in a civil case.
How Comparative Negligence Applies
New York follows a comparative negligence system. This means responsibility for a pedestrian accident can be shared between the walker and the driver. Even if crossing outside a crosswalk is legal, insurers and juries may still ask questions such as:
- Did the pedestrian step into traffic suddenly?
- Was the pedestrian visible to the driver?
- How fast was the vehicle traveling?
- Did the driver have time to react and avoid the collision?
If a pedestrian is found partially responsible, compensation may still be available, but it may be reduced by the percentage of fault assigned to the injured pedestrian.
Why Insurance Companies Still Raise Jaywalking Arguments
Insurance companies often continue to raise jaywalking-related arguments even after the law change. Their goal is not to enforce traffic rules, but to limit financial exposure.
It is common for insurers to argue that a pedestrian acted “unsafely” or “unexpectedly,” regardless of whether the conduct was legal. These arguments are often used to reduce the value of a claim rather than reflect the whole reality of what occurred.
Driver Duties Still Matter
Importantly, legalizing jaywalking did not eliminate a driver’s responsibility to:
- Pay attention to the roadway
- Drive at a reasonable speed
- Avoid collisions when reasonably possible
If a driver was distracted, speeding, or failed to react appropriately to a visible pedestrian, those facts may outweigh the pedestrian’s crossing location.
Injured as a pedestrian in New York? You may qualify for no-fault benefits—even if you don’t own a car.
Why This Makes Skilled Legal Analysis by Our Team Important
Jaywalking legalization simplified traffic enforcement, but pedestrian injury claims remain highly fact-specific. Liability often depends on evidence such as video footage, witness testimony, vehicle data, lighting conditions, and reaction times.
Our New York pedestrian accident lawyers can help evaluate how these factors interact in your specific case and explain how comparative negligence may apply to the amount of compensation you could receive.
Common Causes of Pedestrian Accidents in New York
Pedestrian crashes rarely happen without warning. Many are linked to preventable driving behaviors, including:
Distracted driving
Drivers who text, use navigation apps, or interact with in-vehicle systems may fail to notice pedestrians in time to react.
Failure to yield
New York law requires drivers to yield to pedestrians in crosswalks and at intersections, yet this rule is frequently ignored.
Speeding
Excessive speed reduces stopping distance and increases the severity of pedestrian injuries.
Unsafe turns
Many pedestrian crashes occur when drivers turn without checking for people legally crossing—or even visibly—through the intersection.
Driving under the influence
Alcohol or drug impairment significantly affects reaction time and judgment.
Commercial vehicle hazards
Delivery vans, box trucks, sanitation trucks, and construction vehicles have larger blind spots and longer stopping distances, increasing risk to pedestrians.
What to Do After a Pedestrian Accident
For many injured pedestrians, the most confusing part of the process begins after leaving the hospital. You may be dealing with pain, follow-up appointments, time off work, and insurance calls—all at once.
At this stage, consider following these suggestions:
- Continue all recommended medical treatment, even if symptoms fluctuate
- Keep records of medical visits, prescriptions, bills, and missed work
- Preserve photos or videos taken at the scene or shortly after
- Write down what you remember about how the crash occurred
- Be cautious with insurance adjusters, especially requests for recorded statements
- Act quickly to preserve evidence, such as traffic camera footage or nearby business surveillance
- Do not post about your accident on social media
Our New York pedestrian crash lawyers can help manage these issues and protect your legal rights so you can focus on recovery.
Who May Be Liable in a New York Pedestrian Accident?
One of the most common misconceptions after a crash is that only the driver may be responsible. In reality, pedestrian accident claims often involve multiple potentially liable parties.
The driver
Drivers may be liable for negligent acts such as distraction, speeding, failing to yield, or unsafe turning.
Employers and companies
If the driver was working at the time of the crash—such as making deliveries or performing services—the employer may share responsibility.
Vehicle owners
When the driver does not own the vehicle, the owner’s liability can become a factor under New York law.
Government entities
Some pedestrian accidents may be brought against a government department if they involve:
- Poor road design
- Malfunctioning traffic signals
- Inadequate signage
- Municipal or public vehicles
IMPORTANT: Claims involving government entities often require a Notice of Claim within a much shorter timeframe, sometimes as little as 90 days. In these cases, it is critical to speak with an experienced personal injury as soon as possible to avoid missing important deadlines.
What Evidence Matters in Pedestrian Accident Claims?
Strong evidence can make the difference between a disputed claim and a clear liability case. our pedestrian accident injury team may seek to preserve and analyze:
- Police accident reports
- Traffic and surveillance camera footage
- Witness statements
- Vehicle speed and braking data
- Cell phone records (in some cases)
- Scene photographs and measurements
- Medical documentation
Many forms of evidence—especially video—may be overwritten or deleted within days or weeks, so the sooner we start, the better chance we’ll have to preserve crucial proof to support your claim. Contact our team today to start this process.
See how violating NYC’s Pedestrian Right-of-Way Law can lead to criminal charges—and strengthen your injury case.
Possible Compensation in New York Pedestrian Accident Cases
Every case is different, but injured pedestrians may seek compensation for:
Economic damages
- Medical bills (past and future)
- Rehabilitation and therapy
- Lost wages
- Reduced earning capacity
- Out-of-pocket expenses
Non-economic damages
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress (where supported by evidence)
Wrongful death claims
When a pedestrian accident results in death, surviving family members may be able to pursue financial damages permitted under New York’s wrongful death laws.
Deadlines That Can Affect Pedestrian Accident Claims
Missing a filing or notice deadline can permanently bar an otherwise valid claim. If you are injured in New York, these rules can make or break your case:
- Personal injury claims generally have a three-year statute of limitations
- Wrongful death claims typically must be filed within two years
- Claims involving public entities often require notice within 90 days
Because exceptions and shorter timelines may apply, early consultation with our knowledgeable lawyers is important.
Frequently Asked Questions About New York Pedestrian Accident Claims
What if the driver says I crossed illegally?
Crossing outside a crosswalk does not automatically bar a claim. Fault is evaluated based on all circumstances, including driver behavior and visibility.
Can I still file a claim if there were no witnesses?
Yes. Many cases rely on video footage, physical evidence, and expert analysis rather than eyewitness testimony.
What if the driver fled the scene?
Hit-and-run pedestrian accidents are more challenging to prove, but we can investigate the crash to help identify the responsible driver. Even if the at-fault driver is not located, we may still bring a claim through your own uninsured motorist insurance or other legal avenues, depending on the facts.
Does it matter if the vehicle was a delivery truck or a commercial vehicle?
Yes. Commercial vehicle accidents may involve additional defendants, insurance coverage, and potentially liable parties.
How long does a pedestrian accident case usually take?
The timeline depends on injury severity, recovery, and liability complexity. Some cases resolve faster than others, but rushing to settle a claim often leads to undervalued outcomes. We can explain more during a free case review.
Trust the New York Pedestrian Accident Lawyers at Omrani & Taub to Protect Your Rights
Being hit by a vehicle can leave you with questions, uncertainty, and real financial stress. Understanding your legal options should not add to that burden.
A consultation with our New York pedestrian accident lawyers can help clarify what steps—if any—make sense in your situation. At The Law Offices of Omrani & Taub, P.C., we offer free consultations and bilingual support to help injured pedestrians understand their rights under New York law.
Call 1-800-JUSTICE® for clear information and to take the next step when you’re ready.
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Omrani & Taub, P.C. (New York Law Office)
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Omrani & Taub, P.C. (New York Law Office)
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Omrani & Taub, P.C. (New York Law Office)