Pedestrian Accidents

Pedestrian Accident Lawyers Serving New York & New Jersey

If you were hit by a car, truck, or bus while walking in New York or New Jersey, the injuries you sustained are likely far more serious than anyone in a vehicle would have experienced in the same collision. Pedestrians have no structural protection when struck by a motor vehicle, and the human body absorbs the full force of impact without any barrier between you and several thousand pounds of moving metal.

Drivers have a responsibility to watch for pedestrians and yield the right of way when required, and when they fail because they are distracted by a phone, running a red light, or making a turn without checking the crosswalk, they are liable for the injuries they cause. At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., our New York and New Jersey pedestrian accident lawyer has represented injured pedestrians and their families since 1975. We offer free consultations and handle cases on contingency.

Trusted pedestrian accident lawyers with over 51 years of experience.

What does a pedestrian accident claim involve?

A pedestrian accident claim is a type of personal injury case in which a person on foot is injured by a motor vehicle, and the injured pedestrian must prove the driver acted negligently and that the negligence caused the injuries. In New York, the no-fault insurance system adds a layer of complexity because injured pedestrians can access PIP benefits through the striking driver’s insurance policy, which covers medical expenses and lost earnings up to $50,000 regardless of who was at fault. To pursue additional compensation for pain and suffering beyond those PIP benefits, the pedestrian must demonstrate a “serious injury” as defined by Insurance Law § 5102(d). In New Jersey, pedestrians may be covered by their own auto insurance PIP policy, a household family member’s policy, or the striking vehicle’s policy, depending on the specific circumstances of the accident.

Types of Pedestrian Accident Cases We Handle in New York and New Jersey

Pedestrian accidents occur in a wide range of settings, and while urban areas with heavy foot and vehicle traffic are the most common locations for these incidents, they also happen in suburban neighborhoods and on rural roads. According to NHTSA pedestrian safety data, thousands of pedestrians are killed annually across the country.

• Crosswalk accidents. Drivers turning left or right at intersections frequently fail to yield to pedestrians who have the right of way in marked and unmarked crosswalks, and these collisions often produce severe injuries because the pedestrian has no time to react or move to safety.
• Parking lot accidents. Low-speed collisions in parking lots still cause serious injuries because pedestrians are walking in close proximity to vehicles that may be backing up, turning sharply, or accelerating unexpectedly, and visibility is often limited by parked cars and poor lighting.
• Hit-and-run pedestrian crashes. When a driver strikes a pedestrian and flees the scene, the victim may need to file a claim through their own uninsured motorist coverage or potentially through a state-administered compensation fund, and our attorneys work to identify the responsible driver through traffic cameras, witness accounts, and police investigations.
• Bus and commercial vehicle accidents. Public transit buses and delivery trucks have large blind spots that put pedestrians at particular risk near stops and loading zones, and claims involving municipal bus operators may require compliance with shorter filing deadlines due to government immunity protections.
• Distracted driver incidents. Drivers looking at phones or adjusting navigation systems cause a disproportionate share of pedestrian fatalities, and cell phone records and intersection surveillance footage often provide the evidence needed to prove that the driver was not watching the road.
• School zone accidents. Children struck in school zones face severe injuries because of their smaller size and limited ability to anticipate vehicle movements, and drivers who ignore reduced speed limits in these areas face heightened liability.

Why Choose Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. for Pedestrian Accident Cases in New York and New Jersey?

Significant Results for Pedestrian Injury Victims

Our firm obtained a structured settlement exceeding $1 million for a pedestrian struck by a delivery van on a sidewalk, and we have also recovered millions of dollars in verdicts and settlements for injury victims throughout New York, NY and New Jersey, NJ in premises liability, motor vehicle, and medical negligence cases.

Kate Carballo concentrates on personal injury litigation in New Jersey and New York and earned the Certified Civil Trial Attorney designation from the New Jersey Supreme Court. She is a member of the American Association for Justice and was named to Super Lawyers in New Jersey from 2024 through 2026.

Barry S. Kantrowitz has practiced law for more than 40 years, holds an AV Preeminent rating from Martindale-Hubbell, and is a member of The National Trial Lawyers. He earned his J.D. from Boston University School of Law.

Our personal injury lawyer in New York and New Jersey handles complex intersection crashes, hit-and-run matters, and claims involving government vehicles.

“Professional and responsive. Felt as if I was heard, and trusted the team working with me.” — Nicholas Centolanza

Understanding Pedestrian Accident Cases

Damages, Liability, and Compensation for Pedestrian Accident Cases

A pedestrian struck at even 25 miles per hour can sustain fractures, internal bleeding, and head injuries that require emergency surgery. At 40 miles per hour, the risk of fatal injury rises dramatically. The medical costs alone in a serious pedestrian case can reach six figures within the first few weeks, between the ambulance transport, ER trauma care, imaging, surgical procedures, and ICU stays that these patients often require.

Beyond the hospital bills, there is the income you lose during a recovery that may last months, and the reduced earning capacity if the injuries prevent you from returning to the kind of work you did before. A construction worker who suffers a shattered femur and can no longer stand for extended periods faces a very different financial future than the one they had before the accident.

New York and New Jersey courts also compensate for the toll that a pedestrian accident takes on your quality of life. The pain from a hardware-filled knee that aches every time the weather changes, the anxiety of crossing an intersection where you were once hit, the disfigurement from surgical scars or facial injuries. In fatal pedestrian cases, surviving family members can pursue a wrongful death claim for funeral expenses, lost financial support, and the loss of companionship and guidance.

Most pedestrian crashes involve driver negligence, but the defense will look for ways to reduce their client’s exposure. If the pedestrian was jaywalking, looking at a phone, or crossing against the signal, comparative fault comes into play. New York still allows recovery even when the pedestrian shares some blame, with the award reduced proportionally. New Jersey bars recovery if the pedestrian was more at fault than the driver.

Important Aspects in Your Pedestrian Accident Case

Most pedestrian accident cases hinge on evidence that has a very short shelf life. Traffic cameras and security cameras at nearby businesses typically record on loops that overwrite every 48 to 72 hours, and once that footage is gone, it is gone. If you are able to, note which businesses near the accident scene might have exterior cameras pointed toward the street. Your attorney can send preservation requests to those businesses within days of the accident, but waiting even a week may be too late.

A police report is critical in these cases. The responding officer documents the driver’s statements at the scene, records any traffic violations, and notes conditions like visibility, weather, and signal status. This report becomes a key piece of evidence that exists independently of what the driver or their insurance company claims after the fact. If officers were not called to the scene, file a report at the precinct as soon as possible.

Get medical attention the same day you are hit, even if you feel like you can walk it off. Pedestrians struck by vehicles frequently sustain injuries that do not announce themselves immediately, including concussions, hairline fractures, and slow internal bleeding. The insurance company will use any gap between the accident and your first medical visit to argue that your injuries were either not caused by the collision or not serious enough to justify the treatment you received.

Pedestrian Accident Case Timeline

Pedestrian injury cases in New York, NY and New Jersey, NJ generally follow this sequence, though the timeline varies based on the severity of injuries and the complexity of fault.

• Emergency care and ongoing medical treatment forms the basis of your damages claim and may continue for months or years in cases involving traumatic brain injuries, spinal cord damage, or orthopedic injuries requiring multiple surgeries.
• Investigation includes the police report, traffic camera footage, witness interviews, and in some cases analysis of the intersection design, signal timing, and road markings by a traffic engineering specialist.
• Your attorney files a claim with the at-fault driver’s insurer or files a lawsuit within the statute of limitations, which is three years in New York and two years in New Jersey.
• Discovery, depositions, and exchange of medical evidence follow, and the case moves toward settlement negotiations or trial depending on whether the insurance company offers fair compensation.

What to Bring to Your Pedestrian Accident Consultation

To help us evaluate your case quickly and accurately, bring the following to your first meeting.

• The police accident report
• All medical records and bills related to the accident
• Photographs of the accident scene, the intersection or roadway where you were hit, and your injuries
• Names and contact information for witnesses who saw the collision
• Any correspondence you have received from the driver’s insurance company

The consultation is free, and we will assess your case honestly.

New York and New Jersey Legal Resources for Pedestrian Accidents

New York

These resources can help you research New York laws and safety data related to pedestrian accidents:

• New York State Unified Court System provides information on civil court filing deadlines and procedures for personal injury actions
• NYS Governor’s Traffic Safety Committee publishes pedestrian safety data, crash statistics, and information on safety initiatives across the state
• NHTSA Pedestrian Safety provides national data on pedestrian crashes and fatalities

New Jersey

These resources cover New Jersey pedestrian accident law and safety programs:

• New Jersey Courts provides guidance on statutes of limitations and civil filing procedures
• New Jersey Division of Highway Traffic Safety tracks pedestrian accident data and administers prevention programs across the state
• New Jersey Department of Banking and Insurance provides information on PIP coverage options available to injured pedestrians

Reach Out to Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. to Schedule a Consultation

If you or a loved one was injured in a pedestrian accident in New York or New Jersey, Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. can help. We have represented injured individuals for over five decades. Contact us for a free case evaluation.