Pedestrian accidents involving motor vehicles account for a large share of traffic deaths in New York. Last year, 114 pedestrians were killed in car accidents, and hundreds more were injured. The majority of these incidents occur in crosswalks or when drivers make left-hand turns. Our experienced New York City pedestrian accident lawyers share more information below.
What happens if you hit a pedestrian with your vehicle in New York? Will your car insurance pay even if you were partly responsible?
Yes. New York’s no-fault insurance laws are designed to ensure that your policy covers pedestrians, drivers, cyclists, and passengers for legitimate expenses, regardless of who was at fault.
No-fault insurance for pedestrian knockdowns
Pedestrians who are hit by a car, taxi, truck, or other motor vehicle are automatically eligible for no-fault benefits. This means your insurance policy may provide up to $50,000 in Personal Injury Protection (PIP) benefits for the victim’s medical expenses, as well as a portion of their lost income during recovery. The pedestrian may receive compensation for up to 80% of lost wages, capped at $2,000 per month, even if the accident was entirely their fault.
No-fault benefits cover a variety of economic losses, including:
- Ambulance services
- Diagnostic testing
- Surgery
- Doctor’s fees
- Prescription medications
- Physical therapy and rehabilitation
- Partial wage replacement
- Out-of-pocket expenses related to the accident, such as transportation costs
To receive no-fault benefits from an insurance carrier, a claim generally must be filed within 30 days of the accident. The pedestrian also has 45 days to submit proof of medical expenses.
Although no-fault benefits are intended to simplify the process, it is still important to work with a qualified car accident attorney in New York, especially if the pedestrian suffered serious injuries and intends to pursue a lawsuit.
Who is eligible for no-fault coverage?
New York’s no-fault laws have certain eligibility requirements:
- The pedestrian accident must have occurred in New York
- The vehicle involved must be a passenger car, truck, taxi cab, bus, or another vehicle covered under no-fault laws
- The vehicle must be registered in New York and carry a valid insurance policy
Motorcycles and scooters are not covered under New York no-fault insurance laws.
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Pedestrians may pursue a bodily injury claim
If a pedestrian suffers serious injuries and wishes to seek compensation outside the no-fault system, they may file a lawsuit for damages. No-fault claims differ from bodily injury or personal injury claims. While both are typically paid through an auto insurance policy, each involves different legal standards and procedures.
To succeed in a bodily injury claim, the pedestrian must prove they suffered injuries that meet New York’s serious injury threshold and that they incurred more than $50,000 in economic damages.
Examples of serious injuries include:
- Fractures
- Loss of a fetus
- Permanent loss of use of a body organ
- Dismemberment
- Significant disfigurement
- Limitation of use of a body function or system
Additionally, Insurance Law § 5104 allows a victim to pursue a personal injury claim if:
They suffer a medically determined injury or impairment of a non-permanent nature that prevents them from performing substantially all of the material acts constituting their usual daily activities for at least 90 days during the 180 days immediately following the accident.
Statistics on pedestrian accidents
According to the New York City Pedestrian Safety Study:
- Manhattan has significantly more pedestrian injuries and deaths per square mile than the other boroughs
- Driver distraction is cited in nearly 40% of pedestrian injury and fatality accidents
- Serious pedestrian accidents are approximately 70% more deadly on major corridors than on smaller streets
- Seniors account for 38% of all pedestrian deaths
Protect your rights by contacting Douglas & London
If you were involved in a motor vehicle accident as either a driver or pedestrian, legal help is available. The New York City car accident lawyers at Douglas & London provide experienced legal advocacy, and there are no fees unless you obtain a financial recovery. Call our New York office today to schedule a free, no-obligation case review.
