New York City has some of the highest pedestrian accident rates in the country. Every year, about 100 people die and 7,000 people end up in the emergency room because of vehicle strikes. If you are walking in the city, you are at risk. It happens in a split second. One moment you are crossing the street, and the next, you are on the ground.
The steps you take next matter. They affect your health and your ability to get money for your bills. This guide shows you exactly how to handle the situation.
Why pedestrian accidents happen so often in NYC
Drivers in the city are often in a rush. They take risks they should not take. Speeding is a major reason for these crashes. When a car goes too fast in a place like the Bronx or Brooklyn, the driver cannot stop in time for someone in a crosswalk.
Distraction is another big problem. Drivers look at their phones or mess with the radio. They do not see the person right in front of them. You also see reckless driving where people run red lights or turn without looking. Some drivers are under the influence of alcohol. Others are just aggressive. They try to beat the light and end up hitting someone who has the right of way.
People and places at the highest risk
Data from the Department of Transportation shows that some people are more likely to get hit. Men are involved in more accidents than women. People over the age of 65 also face a higher risk. This is because older adults might have a harder time moving quickly or may suffer worse injuries from a fall.
Where you walk matters too. Brooklyn has the highest number of pedestrian deaths in the city. Time of day is also a factor. Most accidents happen between 6 p.m. and midnight. Visibility is low during these hours, making it harder for drivers to see you.
The most dangerous intersections to watch out for
Some spots in New York are known for being dangerous. In Queens, the intersection of Baxter Avenue and Broadway is a high-risk area. In Manhattan, Park Avenue and Martin Luther King Jr. Boulevard see many accidents. The Bronx has dangerous spots like Hull Avenue and East Mosholu Parkway North. Brooklyn residents should be careful at Wyckoff Street and Smith Street. These areas have heavy traffic and complex layouts that lead to collisions.
Immediate steps to take at the scene
The moments after a crash are scary. Your first job is to call 911. You need the police and an ambulance to come to your location. Even if you think you feel fine, you should get checked out. Some injuries, like brain trauma or internal bleeding, do not show up right away.
If you can move, try to get evidence. Use your phone to take pictures of the car and the license plate. Take photos of where the car stopped and any damage to the vehicle. Talk to people who saw what happened. Get their names and phone numbers. Their stories can help prove you were not at fault. Also, get the driver’s name, address, and insurance info. If you are too hurt to do this, the police officer will put this info in their report. Make sure to get the officer’s name and the report number.
Seeking medical care and following through
Going to the ER is just the start. You need to keep seeing your doctor. Sometimes injuries like whiplash or torn ligaments get worse after a few days. You might need X-rays or an MRI to see what is really going wrong.
Insurance companies watch your medical records. If you skip appointments, they will claim you are not actually hurt. They use gaps in your treatment to pay you less money. Be honest with your doctor about your pain. This creates a paper trail that supports your legal claim.
Filing the right paperwork on time
New York has strict rules about reporting accidents. If the police did not come to the scene, you have to file an MV-104 report with the DMV. You must do this within 10 days if there is an injury or more than $1,000 in property damage. If you miss this deadline, you might lose your right to seek compensation.
You also have to notify your own insurance company. New York uses no-fault insurance rules. This means your own car insurance might pay for your medical bills and lost pay even if you were walking. If you do not have a car, the insurance of the person who hit you might cover these costs.
How fault is decided in a crash
Lawyers and insurance adjusters look at many things to see who caused the accident. They check if the driver broke traffic laws like speeding or running a light. They look at who had the right of way. They also check weather conditions and if the street was designed poorly.
New York uses a system called comparative negligence. This means the court looks at the percentage of fault for everyone. If you were partially to blame, you can still get money, but it will be a smaller amount. For example, if you were 20 percent at fault, you would get 20 percent less money. This is why having a NY personal injury lawyer is helpful to show that the driver was the one truly responsible.
The serious injury threshold for lawsuits
You cannot always sue for pain and suffering in New York. To file a lawsuit, your injury must meet a legal limit called the serious injury threshold. This includes things like broken bones, significant scarring, or losing the use of a body part.
Another way to qualify is the 90/180 rule. If your injury stops you from doing your normal daily activities for at least 90 out of the first 180 days after the crash, you can sue. A lawyer can look at your medical files to see if your case meets these specific rules.
Watch out for insurance company tricks
Insurance companies want to save money. They are not on your side. They might call you very soon after the accident and offer you a check. This is usually a lowball offer. If you take it, you cannot ask for more money later when you realize your medical bills are higher than you thought.
They might ask you to give a recorded statement. Do not do this without a lawyer. They will try to get you to say something that makes it sound like the accident was your fault. They might also try to delay your claim so you get desperate for money. Stay patient and do not sign anything without professional help.
Common mistakes that hurt your case
Many people hurt their chances of getting a fair settlement without knowing it. Admitting fault at the scene is a big mistake. Even saying “I’m sorry” can be used against you. Another mistake is posting on social media. If you post a photo of yourself out with friends, the insurance company will claim you are not actually injured.
Waiting too long to talk to a lawyer is also a problem. In New York, you usually have three years to sue. But if a government vehicle hit you, you might only have 90 days to start the process. Acting fast ensures that evidence like security camera footage does not get deleted.
How a personal injury lawyer helps your recovery
Going through a legal case is hard when you are trying to heal. A personal injury lawyer takes the weight off your shoulders. They can find video of the crash and talk to experts who understand how accidents happen. They handle the phone calls from insurance adjusters so you do not have to.
The Silbowitz Firm helps people who have been hurt in New York pedestrian accidents. We know how the system works and how to fight for the money you need for hospital bills and lost wages. If you are struggling after being hit by a car, you can reach us at (516) 375-6692. We offer a free consultation to talk about what happened to you and see how we can help you get back on your feet.