A car hitting a pedestrian on a New York City sidewalk can cause serious injuries and unexpected expenses. The injured person may wonder whether the driver is responsible and whether they can recover compensation. The answer depends on how the crash happened, the injuries involved and the available insurance coverage.
When a driver may be responsible
A driver may be responsible if they lose control, drive onto a sidewalk or fail to operate the vehicle safely. The injured pedestrian generally must show that the driver’s negligence caused the crash and injuries.
Negligence alone does not guarantee payment for every type of loss. To recover money for pain and suffering, the pedestrian usually must have a serious injury under New York law.
How No-Fault insurance may help
New York’s No-Fault system may provide benefits regardless of who caused the crash. These benefits may help pay for medical care and lost income. Coverage limits and eligibility rules apply. To receive No-Fault benefits, you generally must apply within 30 days of the accident. Missing this deadline can result in a denial of coverage even when you would otherwise qualify
A lawsuit may seek economic losses that go beyond basic No-Fault coverage. It may also seek money for pain and suffering. The injury must meet New York’s serious injury rule.
What evidence can support a claim?
Useful evidence may include:
- Medical records, bills and treatment instructions
- Photos of the sidewalk, vehicle and injuries
- Names and contact information for witnesses
- Police reports and available camera footage
- Pay records showing missed work or reduced income
New York’s comparative negligence rules may reduce compensation if the pedestrian also contributed to the crash. For example, a $100,000 award could be reduced by 20% if the pedestrian was found 20% responsible.
What should an injured pedestrian do?
Seek medical care promptly and report the crash. Keep medical records, bills, receipts and work records. Preserve photos and witness information. Avoid giving inaccurate statements to insurance companies.
If a government vehicle or public property contributed to the accident, you generally must file a Notice of Claim within 90 days. Missing this strict deadline can permanently bar your claim, even if you were seriously injured and the government entity was at fault.
A sidewalk crash may lead to a legal claim. The outcome depends on who caused the crash, the available insurance, the injuries and the filing deadlines. Understanding these issues early can help protect the injured person’s rights.