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Legally Reviewed by:

Alex Nocerino
Alex Nocerino, managing partner and personal injury lawyer at Chopra & Nocerino, LLP in Garden City, NY

Alex Nocerino is a founding partner at our firm and a successful trial lawyer with roots in New York. He is a member of the New York State Bar Association, the New York State Trial Lawyers Association, and the American Association for Justice. He has helped injured individuals win hundreds of millions in compensation from large corporations, government entities, and wealthy landlords. 

With 18 years of experience, he has been recognized as a Super Lawyer since 2019 and has a five-star Avvo rating. He is a true New Yorker and a successful trial lawyer who is unafraid to go up against even the powerful and combative defendants.

Content Last Updated:   July 16, 2024

Millions of New Yorkers walk the streets daily to and from work, school, grocery stores, social gatherings, and more. Unfortunately, pedestrian accident victims are more vulnerable to severe injury than other road users. This is because, unlike passengers in most vehicles, pedestrians have virtually no protection from the full impact of an oncoming vehicle.

When you’ve been injured in a New York pedestrian accident, do not wait to have your case reviewed by a personal injury attorney. Our skilled pedestrian injury lawyers at Chopra & Nocerino, LLP, can help you pursue the compensation you deserve to offset accident-related costs. You’re not alone, around 300 fatalities and 15,000 injuries occur in our city as a result of pedestrian accidents every year. Schedule your free consultation today by filling out our online form.

What to Do If You Were Hit by a Car While Walking in New York

Being struck by an oncoming vehicle can be devastating. The most important thing to focus on is your physical well-being. However, there are also multiple things you can do to protect your right to compensation from the at-fault party. If you are hit by a car while walking in New York, take the following steps where possible:

  1. Report the accident – Contact the appropriate authorities as soon as possible after the accident to make a report and get emergency personnel sent to the scene. The accident report they prepare will become an important source of evidence in your case.
  2. Seek medical attention – Get medical care as soon as possible, even if you don’t think your injuries are severe. Certain kinds of injuries, such as concussions and whiplash, can take time to appear after an accident. Seeing a doctor early on will ensure they are fully documented in your medical records, which will also become a crucial source of evidence in your case.
  3. Gather evidence – Collect as much information at the scene as possible. Start by taking photos and videos. Ensure you document your injuries, vehicle damage, weather conditions, nearby surveillance equipment, and anything else that may shed light on the events leading up to the accident.
  4. Gather contact information – Gather the following information from drivers involved in the accident: names, contact information, driver’s license numbers, license plate numbers, and insurance policy numbers. Next, identify witnesses to the accident and gather their names and contact information.
  5. Talk to a lawyer – Consult with an experienced New York pedestrian accident lawyer at Chopra & Nocerino, LLP. Our legal team will ensure you know your full legal rights and build a strong case on your behalf.

What Are the Advantages of Hiring Chopra & Nocerino, LLP in a Pedestrian Accident Case?

At Chopra & Nocerino, LLP, we proudly serve our community by fighting for the rights of accident victims injured at little to no fault of their own. When you work with our firm, you can count on us to handle your case with the care and attention it deserves. In other words, we knock it out of the park.

We will take a direct and aggressive approach when seeking maximum compensation for you and your family. At the same time, we will provide you with knowledgeable and compassionate legal counsel as you navigate the aftermath of your accident.

We have extensive experience handling pedestrian accident cases and have secured millions of dollars in verdicts and settlements for our clients. Read what they have to say:

  • “I’m so glad I chose you guys to represent me. Thank you for going above and beyond to make sure I ended up with a fair settlement!!!! Alex rocked!” – Windy M.
  • “Very professional and fought for my case. Outcome was positive. Excellent firm!!” – Renne P.
  • “They got the job done as soon as possible. Grateful for them.” – Brandon M.

We are real New Yorkers and the exclusive personal injury law firm of the New York Mets. Our all-star legal team has a deep understanding of the laws governing personal injuries in our state. When you are injured, we’ll go up to bat. We have what it takes to handle every step of your case, from your initial consultation to representing you in court.

Under New York Law, Who Is Liable for Pedestrian Accidents?

Multiple parties, including pedestrians, vehicle drivers, and bicyclists, can be liable in a pedestrian accident case. The responsible party will depend on the circumstances surrounding the case.

Further, since New York law recognizes comparative negligence, multiple parties can share blame. This means that your recoverable damages will be reduced in proportion to your share of the fault. For example, if you were 20 percent responsible for a pedestrian accident worth $100,000 in damages, your compensation would be reduced to $80,000 to match your percentage of fault.

You are not legally obligated to hire an attorney to handle your case. However, doing so is the best way to ensure you are not taken advantage of by at-fault parties and their insurers. The skilled personal injury attorneys at Chopra & Nocerino, LLP, can calculate the full and fair compensation you are entitled to and push back against insurance adjusters when they unfairly try to diminish or deny the full value of your claim.

What Legal Recourse is Available for Pedestrian Accident Victims?

After a pedestrian accident, victims have a few routes available toward compensation for their injuries. We explore each in turn:

1. No-Fault Insurance

New York drivers must carry personal injury protection (PIP) insurance to comply with the state’s no-fault insurance laws. This insurance provides coverage regardless of who was responsible for an accident, and injury victims must exhaust this source of compensation before turning to auto liability insurance.

PIP insurance covers economic losses, such as medical expenses and lost earnings, up to $50,000 per person. The coverage applies to insured drivers, their passengers, and pedestrians hit by their cars.

2. Third-Party Liability Insurance and Personal Injury Lawsuits

New York also requires drivers to carry minimum levels of third-party liability insurance. The minimums are as follows:

  • $10,000 for property damage for a single accident
  • $25,000 for bodily injury and $50,000 for death for a person involved in an accident
  • $50,000 for bodily injury and $100,000 for death for two or more people in an accident

If settlement negotiations with insurers do not result in a fair settlement, a personal injury lawsuit can help you pursue damages from the at-fault party to hold them accountable in court. However, to recover compensation through this route, victims must prove that they incurred a “basic economic loss” of over $50,000 or that they suffered “serious injury.” A serious injury is legally defined as follows:

  • Death
  • Dismemberment
  • Significant disfigurement
  • Fracture
  • Loss of a fetus
  • Permanent loss of use of a body organ, member, function or system
  • Permanent consequential limitation of a body organ or member
  • Significant limitation of use of a body function or system
  • Medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.

3. Hit-and-Run Accidents

Though New York law requires all drivers involved in accidents resulting in an injury to remain on the scene and exchange information, some drivers illegally flee. If you are involved in a hit-and-run accident, do your best to remember details like the make, model, and color of the fleeing driver’s vehicle, as well as which direction they headed. If possible, take a picture, write down their license plate number, and take detailed notes of what you remember while your memory is fresh.

However, never try to chase the driver. Instead, call 911 and report the accident, passing on any information you gathered about the vehicle to the police. Again, the accident report they prepare will become important evidence down the road.

In many cases, hit-and-run drivers flee because they do not have insurance to cover the damages they cause. This is where uninsured/underinsured driver insurance can come in handy. This kind of insurance is meant to cover your losses in the event an at-fault driver’s insurance cannot. Many insurers treat hit-and-run drivers who cannot be found as though they were uninsured by default.

After reporting the incident and receiving medical care, call Chopra & Nocerino, LLP. A lawyer at our firm can help you determine your legal options, including all sources of insurance coverage.

Is There a Deadline for Filing My Claim?

Importantly, New York has a three-year statute of limitations governing most personal injury cases, including pedestrian accidents, so you must file your claim before three years pass after your injury. Failure to submit your claim before the deadline normally results in your case being dismissed in court. Our skilled New York pedestrian injury lawyers are here to ensure the all-important deadline is not missed.

Types and Common Causes of Pedestrian Accidents

You may think all pedestrian accidents are the same. That is not true in a big metro like New York City. Some common pedestrian accident scenarios we have handled at our firm include:

Common Causes of Pedestrian Accidents

Each accident is unique and should be evaluated on a case-by-case basis by an experienced personal injury attorney. However, causation patterns do emerge. Common causes of pedestrian accidents in New York include:

  • Distracted driving
  • Speeding
  • Failure to yield
  • Poor visibility
  • Weather conditions
  • Driving under the influence
  • Reversing without checking surroundings
  • Failure to obey traffic signals
  • Jaywalking

Common Injuries in Pedestrian Accidents

Again, because pedestrians have virtually no protection from the full force of a collision, even a slow-moving impact can cause serious injuries. Common injuries we see in New York pedestrian accidents include:

  • Road rash
  • Broken and fractured bones
  • Cuts and puncture wounds
  • Sprains, strains, and tears
  • Neck and back injuries
  • Head, face, and dental injuries
  • Traumatic brain injuries
  • Spinal cord injuries
  • Internal bleeding and organ damage
  • Wrongful death

The personal injury attorneys at Chopra & Nocerino, LLP, have the skills and experience needed to evaluate your medical records and determine the full and fair compensation you are entitled to for your injuries and losses. Do not wait to have your case reviewed.

How Are Damages and Compensation Determined in New York Pedestrian Accidents?

Several types of compensation may be available through a New York pedestrian accident lawsuit, including economic, non-economic, and occasionally punitive damages.

Economic damages compensate for aspects of your injuries and losses that can be reduced to a monetary value, such as medical bills, lost wages, and lowered future earning capacity. In contrast, non-economic damages cover aspects that aren’t as easily quantifiable, such as pain, suffering, and loss of enjoyment of life. These forms of damages are sometimes referred to collectively as compensatory damages.

Ultimately, the amount of damages you can pursue depends heavily on the circumstances of your case, including the severity of your injuries and the likelihood of a full recovery. Another important detail is that non-economic damages are not covered by PIP insurance. In other words, to recover non-economic damages, plaintiffs must meet the “serious injury” threshold discussed above.

Unlike compensatory damages, punitive damages are meant to punish at-fault parties for serious misbehavior. Though rarely awarded by courts, there are also no caps on the amount of punitive damages they can award. This means punitive damages can significantly raise the value of your claim when available.

Take Action Today – Contact the New York Pedestrian Accident Attorneys at Chopra & Nocerino, LLP

Pedestrian accidents are some of the most devastating we see in our personal injury practice. If you were hit by a car while walking, do not wait to have your case reviewed by an experienced lawyer. A skilled pedestrian accident attorney in New York can make sure you know your full legal options and that you are not taken advantage of by unscrupulous insurers.

If you or a loved one has been injured in a pedestrian accident, the top-tier legal team at Chopra & Nocerino, LLP, is standing by to help. When you’re hurt, we step up to the plate. Schedule your free consultation today by filling out our online form.


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