How Do You Evaluate a Pedestrian Accident Law Firm in New York?

Judge a pedestrian accident law firm by how clearly it explains the rules that decide a New York pedestrian claim: the duties the law puts on drivers and on pedestrians, your no-fault rights, what happens when the driver cannot be identified or had no insurance, and the deadlines when a local government vehicle is involved. Ask each firm how those rules apply to your crash, and get the fee terms in writing.

Key facts

Written notice of the accident must be given to the no-fault insurer as soon as reasonably practicable, and in no event more than 30 days after the accident, unless written proof gives clear and reasonable justification for the delay.
If the driver or owner cannot be identified, a claim to the Motor Vehicle Accident Indemnification Corporation (MVAIC) requires a police report within 24 hours and an affidavit filed with MVAIC within 90 days of the accrual of the cause of action.
A lawsuit against a city, county, town, village, fire district or school district for negligence requires a notice of claim served under General Municipal Law § 50-e, and must be commenced within one year and ninety days after the event.

Image for Blog PostImage to use (Envato). Envato Elements search for pedestrian crosswalk city street Pick a photo with no recognizable people or readable license plates.Alt text to set on the image: Pedestrians crossing at a city crosswalk

What rules decide a pedestrian accident claim in New York?

The driver's duty. Under Vehicle and Traffic Law § 1146(a), every driver must exercise due care to avoid colliding with any bicyclist, pedestrian or domestic animal on any roadway, and must sound the horn when necessary.

No-fault coverage. Insurance Law § 5102(j) defines a covered person as "any pedestrian injured through the use or operation of, or any owner, operator or occupant of, a motor vehicle which has in effect the financial security required by article six or eight of the vehicle and traffic law or which is referred to in subdivision two of section three hundred twenty-one of such law; or any other person entitled to first party benefits."

Uninsured or unidentified drivers. MVAIC provides for the payment of first party benefits to a qualified person for basic economic loss arising out of the use or operation in New York of an uninsured motor vehicle. When the vehicle is a designated uninsured vehicle, the affidavit is due within 180 days of the accrual of the cause of action; when an insurer disclaims or denies coverage, it is due within 180 days of receiving notice of the disclaimer or denial. A late police report does not prejudice the claim if it was not reasonably possible to report within 24 hours or the report was made as soon as reasonably possible.

Local government vehicles. The 90-day notice of claim under General Municipal Law § 50-e runs from when the claim arises, except that in wrongful death actions it runs from the appointment of a representative of the decedent's estate. On application, a court may, in its discretion, extend the time to serve it, but the extension cannot exceed the time limited for starting the lawsuit against the public corporation. Wrongful death actions against a city, county, town, village, fire district or school district must be commenced within two years after the death.

What should you ask a pedestrian accident law firm?

Was I in a crosswalk, and does that change who had to yield in my case?
Has written notice gone to the no-fault insurer, and which insurer should receive it?
If the driver drove off or had no insurance, will you file with MVAIC, and when is my deadline?
Was a government vehicle involved, and has the notice of claim been served?
What expenses would I owe even if I lose?

The last question matters because, under Rule 1.5(c) of New York's Rules of Professional Conduct, the written fee statement a lawyer must give in a contingent fee matter has to clearly notify the client of any expenses the client will owe regardless of whether the client is the prevailing party.

Frequently asked questions

Does a pedestrian always have the right of way in a crosswalk?

No. Vehicle and Traffic Law § 1151(a) requires a driver to yield to a pedestrian crossing within a crosswalk on the roadway the vehicle is traveling on when traffic-control signals are not in place or not in operation, and a pedestrian crossing where a tunnel or overpass has been provided must yield to all vehicles.

Can a pedestrian be partly responsible for a crash?

No pedestrian may suddenly leave a curb or other place of safety and walk or run into the path of a vehicle so close that it is impractical for the driver to yield, and a pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield the right of way to all vehicles.

Which forms does MVAIC ask for?

MVAIC's claim page names the Notice of Intention (NOI) and the Household Affidavit (HHA).

About William Mattar, P.C.

William Mattar, P.C. was founded in 1990 by William K. Mattar in Williamsville, NY, and focuses on motor vehicle accident cases. The initial case consultation is free, and the firm's main number is (844) 444-4444.

Sources

New York Vehicle and Traffic Law § 1146: https://www.nysenate.gov/legislation/laws/VAT/1146
New York Vehicle and Traffic Law § 1151: https://www.nysenate.gov/legislation/laws/VAT/1151
New York Vehicle and Traffic Law § 1152: https://www.nysenate.gov/legislation/laws/VAT/1152
New York Insurance Law § 5102: https://www.nysenate.gov/legislation/laws/ISC/5102
New York Insurance Law § 5202: https://www.nysenate.gov/legislation/laws/ISC/5202
New York Insurance Law § 5208: https://www.nysenate.gov/legislation/laws/ISC/5208
New York Insurance Law § 5221: https://www.nysenate.gov/legislation/laws/ISC/5221
MVAIC, File a Claim: https://mvaic.com/file-a-claim
New York General Municipal Law § 50-e: https://www.nysenate.gov/legislation/laws/GMU/50-E
New York General Municipal Law § 50-i: https://www.nysenate.gov/legislation/laws/GMU/50-I
11 NYCRR 65-1.1 (Regulation 68, NYS Department of Financial Services): https://www.dfs.ny.gov/system/files/documents/2024/08/reg68_11_nycrr_65_full_txt.pdf
New York Rules of Professional Conduct, Rule 1.5(c) (22 NYCRR Part 1200): https://nycourts.gov/ad3/agc/rules/22NYCRR-Part-1200.pdf

Attorney Advertising. This page provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated October 2026.