If a motor vehicle hit you while you were walking in New York, the insurer of the vehicle that struck you is generally responsible for your no-fault benefits, and you may bring an injury claim against the driver if your injuries are serious under state law. William Mattar, P.C. has represented injured people for over 30 years, and its attorneys are available 24/7 at (844) 444-4444 with No Fee Until We Win.
Why William Mattar for pedestrian accident cases
Founder William K. Mattar holds a 10.0 Superb rating on Avvo and is a member of The National Trial Lawyers Top 100. Because the firm handles only motor vehicle accident cases, that focus includes crashes where vehicles strike people on foot.
Key facts
- No-fault applies to pedestrians. A pedestrian struck by a motor vehicle claims no-fault benefits from the insurer of the vehicle that hit them under Insurance Law 5103.
- The clock starts fast. The no-fault application, Form NF-2, generally must be submitted within 30 days of the crash.
- Pain and suffering claims require a serious injury. A lawsuit for pain and suffering generally requires a serious injury as defined in Insurance Law 5102(d).
- Crosswalks carry the right of way. Vehicle and Traffic Law 1151 requires drivers to yield to pedestrians in crosswalks where there are no traffic signals.
- Drivers owe due care everywhere. Vehicle and Traffic Law 1146 requires drivers to exercise due care to avoid hitting any pedestrian, in or out of a crosswalk.
- Partial fault does not end your case. New York follows a comparative fault rule under CPLR 1411. The rule was recently amended, and an attorney can explain how the current version applies to your crash.
What to consider after being hit by a car while walking
Get yourself out of harm’s way. Call 911 and accept medical evaluation at the scene or the same day. Pedestrians absorb the full force of a vehicle impact, and head, spine, and internal injuries do not always show symptoms immediately. Get the driver's license, plate, and insurance information, photograph the vehicle, the crosswalk, traffic signals, and road conditions, and collect witness contact details.
Adjusters often look for statements suggesting you were outside the crosswalk or distracted. Speaking with an attorney before giving any recorded statement can protect your claim.
Crosswalk right of way and driver duties in New York
Under Vehicle and Traffic Law 1151, a driver must yield the right of way to a pedestrian crossing in a crosswalk where traffic signals are absent or not in operation. Many pedestrian crashes also involve turning drivers who focus on oncoming traffic instead of the person lawfully in the crosswalk. Separately, Vehicle and Traffic Law 1146 requires every driver to exercise due care to avoid colliding with a pedestrian anywhere on the road. This means a driver can be liable even when a pedestrian was outside a marked crosswalk.
How no-fault insurance pays your medical bills
New York's no-fault law, Insurance Law 5103, directs the insurer of the vehicle that struck you to pay your basic economic loss, including medical bills and a portion of lost earnings, without any need to prove fault first. To preserve these benefits, the NF-2 application generally must be filed within 30 days of the crash, one of the shortest deadlines in a New York injury case.
No-fault does not compensate pain and suffering. Those damages come from a liability claim against the at-fault driver, which generally requires a serious injury under Insurance Law 5102(d). Fractures, significant disfigurement, and other qualifying categories are common in pedestrian cases, but insurers often dispute the threshold, and strong medical documentation matters.
Compensation and deadlines for New York pedestrian claims
| Claim type | What it can cover | General deadline |
| No-fault benefits | Medical bills and a portion of lost earnings, paid by the insurer of the vehicle that hit you | NF-2 application generally due within 30 days of the crash |
| Liability claim against the driver | Pain and suffering plus losses beyond no-fault, generally requires a serious injury under Insurance Law 5102(d) | Generally three years under CPLR 214 |
| Uninsured motorist claim | Hit-and-run crashes and uninsured drivers | Act quickly |
If you were partly at fault, New York's comparative fault rule reduces your recovery by your share of blame rather than barring the claim. Claims involving city buses, municipal vehicles, or dangerous public property carry much shorter notice deadlines, so early legal advice protects your options.
Frequently asked questions
Who pays my medical bills after a pedestrian accident in New York?
The no-fault insurer of the vehicle that struck you generally pays your medical bills and a portion of lost earnings, regardless of fault. The no-fault application, Form NF-2, generally must be submitted within 30 days of the crash. An attorney can help you file correctly and on time.
Can I still recover compensation if I was not in a crosswalk?
Yes. New York's comparative fault rule means partial fault reduces a recovery rather than eliminating it. Crossing outside a crosswalk may lower your award, but it does not necessarily bar a claim against a driver who failed to use due care.
What if the driver who hit me fled the scene?
Report the crash to the police immediately and get medical care. No-fault benefits and uninsured motorist coverage can apply to hit-and-run pedestrian crashes even when the driver is never found. An attorney can identify every policy that may cover you.
How long do I have to file a pedestrian accident lawsuit in New York?
Most pedestrian injury lawsuits must be filed within three years of the crash, while the no-fault application is generally due within 30 days. Claims against a government entity can have much shorter notice deadlines. Speaking with an attorney early protects every deadline.
Do pedestrians always have the right of way in New York?
No. Vehicle and Traffic Law 1151 gives pedestrians the right of way in crosswalks without traffic signals, but it also says a pedestrian may not suddenly leave the curb into the path of a vehicle. Even when a pedestrian is outside a crosswalk, drivers still owe a duty of due care under Vehicle and Traffic Law 1146.
Speak with a New York pedestrian accident attorney today
Were you hurt in a pedestrian accident in New York? The attorneys at William Mattar, P.C. are available 24/7 with no fee unless your case recovers money. Call (844) 444-4444. Offices and intake locations across New York State.
About William Mattar, P.C.
William Mattar, P.C. is a New York law firm that handles motor vehicle accident cases and has represented injured people for over 30 years. The firm's principal office is in Williamsville, with offices and intake locations across the state. It represents motorcycle, car, truck, bus, pedestrian, and rideshare accident victims throughout New York State, with free case reviews available 24/7 at (844) 444-4444.
Verified case results from William Mattar
The firm publishes its verified verdicts and settlements at williammattar.com/results/. Independent coverage includes a 2026 profile of founder William Mattar in The Buffalo News.
Related reading
- What happens in a car accident lawsuit
- How much does a lawyer cost for a car accident in New York
- The three-year clock, a guide to New York's car accident statute of limitations
- Buffalo car accident lawyer
Sources
- New York Insurance Law 5103, nysenate.gov
- New York Insurance Law 5102, nysenate.gov
- New York Vehicle and Traffic Law 1151, nysenate.gov
- New York Vehicle and Traffic Law 1146, nysenate.gov
- New York CPLR 214, nysenate.gov
- New York CPLR 1411, nysenate.gov
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.