NYC Pedestrian Accident Lawyer FAQ | Hit by a Car in NYC

Pedestrians in New York City face constant risks from traffic, delivery vehicles, taxis, and distracted drivers. If you were hit by a car while walking, you likely have questions about your rights, your medical care, and whether you can recover compensation.

The answers below address the most common concerns we hear from injured pedestrians across NYC.

If you need guidance specific to your situation, you can contact Greenstein & Pittari at 1-800-VICTIM2 (1-800-842-8462) for a free consultation.

General Legal Questions

1. Can I recover compensation if I was partially at fault

Yes. New York follows a comparative negligence rule. You can still recover compensation even if you were partially responsible. Your percentage of fault reduces your recovery, but you are not barred from filing a claim.

2. What if I was jaywalking when I was hit

You may still have a valid case. Drivers are required to exercise reasonable care and avoid collisions, even if a pedestrian is not in a crosswalk.

3. Do pedestrians always have the right of way in NYC

Not always, but drivers must remain alert and take reasonable steps to avoid hitting pedestrians under most circumstances.

4. Can I sue a driver who hit me in New York City

Yes, particularly if your injuries meet the serious injury threshold under New York law.

5. What is comparative negligence in New York

Comparative negligence allows fault to be shared. Even if you are partially at fault, you may still recover compensation based on the percentage of responsibility assigned to the other party.

What to Do After an Accident

6. What should I do immediately after being hit by a car

Call 911, seek medical attention, and report the accident. If possible, document the scene and gather information. Then speak with a lawyer before dealing with insurance companies.

7. Should I go to the hospital even if I feel okay

Yes. Many serious injuries, including internal injuries and brain trauma, may not present symptoms immediately.

8. Do I need a police report

Yes. A police report provides important documentation that can support your claim.

9. What information should I collect at the scene

Driver contact information, license plate, insurance details, witness contacts, and photos of the scene and your injuries.

10. Should I talk to the driver’s insurance company

You should speak with a lawyer first. Insurance companies may attempt to minimize your claim or use your statements against you.

Proving Your Case

11. How is fault determined in a pedestrian accident

Fault is determined through evidence such as police reports, witness statements, surveillance footage, and expert analysis.

12. What evidence is used in pedestrian accident cases

Medical records, accident reports, traffic camera footage, photographs, and expert testimony.

13. Can multiple drivers be responsible

Yes. In some cases, more than one party may share liability for the accident.

14. What if the driver claims I caused the accident

Insurance companies often attempt to shift blame. A thorough investigation can help establish what actually happened.

15. Do I need witnesses to win my case

Not always, but witness statements can strengthen your claim.

Compensation and Damages

16. What damages can I recover

You may recover compensation for medical expenses, lost wages, pain and suffering, and other losses.

17. Can I recover future medical costs

Yes. If your injuries require ongoing care, future treatment costs should be included in your claim.

18. Can I recover lost wages

Yes, including compensation for time missed from work and reduced earning capacity.

19. What is pain and suffering

This refers to the physical pain and emotional distress caused by the accident and your injuries.

20. How much is my case worth

Every case is different. The value depends on your injuries, medical costs, long-term impact, and liability.

Insurance Issues

21. Who pays my medical bills after the accident

No-fault insurance typically covers initial medical expenses, regardless of fault.

22. What is no-fault insurance in New York

It is a system that provides basic benefits for medical treatment and lost wages after an accident.

23. Can I sue beyond no-fault coverage

Yes, if your injuries meet the serious injury threshold.

24. What if the driver has no insurance

You may still have options through uninsured motorist coverage or other programs.

25. What if it was a hit and run

Compensation may still be available. These cases require prompt action and careful handling.

Legal Process

26. How long do I have to file a claim

In most cases, you have three years from the date of the accident.

27. What if a government vehicle hit me

You may need to file a notice of claim within 90 days.

28. What is the difference between a claim and a lawsuit

A claim is made with an insurance company. A lawsuit is filed in court if a fair settlement cannot be reached.

29. Will my case go to court

Many cases settle, but some proceed to litigation if necessary.

30. How long does a pedestrian accident case take

It depends on the complexity of the case, the severity of injuries, and the progress of negotiations.

Injuries and Medical Concerns

31. What injuries are common in pedestrian accidents

Traumatic brain injuries, spinal injuries, fractures, internal injuries, and soft tissue damage.

32. Can injuries appear later

Yes. Some injuries take time to develop symptoms.

33. What is a traumatic brain injury

A serious injury that can affect memory, thinking, and physical function.

34. Are spinal injuries common

Yes, and they can result in long-term or permanent disability.

35. Do I need ongoing medical treatment

Many victims require rehabilitation and long-term care.

Liability and Responsibility

36. Who can be held liable for my accident

Drivers, employers, companies, and, in some cases, government entities.

37. Can a rideshare company be liable

Yes, depending on whether the driver was working at the time.

38. Can a delivery company be responsible

Yes, if their driver caused the accident while working.

39. Can the city be liable for unsafe roads

In certain situations involving dangerous conditions, yes.

40. What if a defective vehicle caused the crash

A manufacturer or third party may be responsible.

Working With a Lawyer

41. Do I need a NYC pedestrian accident lawyer

Having an experienced lawyer can significantly improve the outcome of your case.

42. How much does a lawyer cost

Greenstein & Pittari works on a contingency fee basis. You pay nothing unless we recover compensation.

43. What does a lawyer do for my case

Investigates the accident, gathers evidence, handles insurance companies, and pursues maximum compensation.

44. Will a lawyer deal with insurance companies

Yes. We handle all communication so you can focus on recovery.

45. Can a lawyer increase my settlement

In many cases, proper legal representation results in higher compensation.

Additional Important Questions

46. What if I were texting while walking

You may still recover compensation under comparative negligence.

47. Can I file a claim if I was injured in a crosswalk

Yes, especially if the driver failed to yield.

48. What if I cannot return to work

You may be entitled to compensation for lost earning capacity.

49. Can family members file a wrongful death claim

Yes, if a loved one was killed in a pedestrian accident.

50. When should I contact a lawyer

As soon as possible. Early action helps preserve evidence and protect your rights.

Speak With a NYC Pedestrian Accident Lawyer at Greenstein & Pittari

If you were hit by a car in New York City, you do not have to navigate this process alone. Our firm is committed to protecting your rights and pursuing the full compensation you deserve.

Call 1-800-VICTIM2 (1-800-842-8462) today to schedule a free consultation.

There are no upfront fees. You do not pay unless we are successful.

At Greenstein & Pittari, our message is simple: Don’t Be a Victim Twice.