Who Is Liable If I’m Hit by a Car While Crossing the Street in NYC

Crossing the street in New York City can feel like an extreme sport. Between taxis racing the light, delivery trucks making sudden turns, and distracted drivers glued to their phones, pedestrians often face real danger at crosswalks and intersections. When a pedestrian is hit by a car in NYC, the consequences can be devastating—and one of the first questions victims ask is: Who is liable?

At Leandros A. Vrionedes, P.C., we represent injured pedestrians throughout New York City, including Manhattan, Brooklyn, Queens, and the Bronx. We help victims pursue full and fair compensation by identifying all responsible parties and holding them accountable. Here’s what you need to know about determining liability in a pedestrian accident and how New York law protects your right to recover. If you or a family member has been hurt while crossing the street in NYC, contact our office to review your case with an experienced and dedicated New York pedestrian accident lawyer.

Drivers Have a Duty to Yield

Under New York law, drivers are required to yield the right of way to pedestrians in crosswalks. This rule applies whether or not there is a traffic signal or if the crosswalk is marked or unmarked. If a driver fails to yield and hits a pedestrian, that driver is typically at fault.

But not every case is that simple. Liability often depends on the specific circumstances of the accident, including where it occurred, whether traffic signals were involved, whether the pedestrian was crossing lawfully, and whether either party was distracted, impaired, or violating traffic laws.

Pedestrians Also Have Responsibilities

While drivers must operate their vehicles safely and watch for pedestrians, pedestrians also have a legal duty to exercise reasonable care. For example, if a pedestrian darts out into traffic mid-block or crosses against a red signal, they may share some or all of the fault for the accident.

In cases like these, New York follows a rule known as “comparative negligence.” This means that even if a pedestrian is partially at fault for the accident, they can still recover compensation—although the amount they receive may be reduced in proportion to their share of the blame. For instance, if you were found to be 20% at fault, your damages award would be reduced by 20%.

Determining Liability in a Pedestrian Accident: Key Questions

In pedestrian accident cases, we investigate the facts carefully to determine who is legally responsible. Some important questions include:

• Was the pedestrian crossing at a marked or unmarked crosswalk?
• Did the driver have a red light, stop sign, or other traffic control device?
• Was the pedestrian crossing against the signal or outside a crosswalk?
• Was the driver speeding, distracted, impaired, or otherwise negligent?
• Are there any eyewitnesses, surveillance videos, or dashcam footage?

Evidence from the scene such as photos, witness statements, and police reports can play a critical role in establishing fault. So can medical records that connect the accident to your injuries.

Other Potentially Liable Parties

While the driver of the vehicle is most often the primary defendant in a pedestrian accident case, there are situations where other parties may also share liability. For example:

• If the driver was working at the time of the accident (such as a delivery driver or rideshare operator), their employer or service platform may be held responsible or offer insurance coverage.
• If a city agency failed to maintain a safe crosswalk or traffic light, a municipal liability claim may be possible. These claims require strict notice and filing deadlines.
• If another driver created a hazardous condition (e.g., blocking the crosswalk and forcing the pedestrian into traffic), that driver could also be partly liable.

An experienced personal injury lawyer can help identify all potential sources of compensation and build a case against each responsible party.

Compensation for Injured Pedestrians in New York

If you’ve been hit by a car while crossing the street in New York City, you may be entitled to recover damages for all the different ways the driver’s negligence has hurt you and impacted your life. Common legal damages in pedestrian accidents include:

• Medical expenses, including hospital bills, surgery, physical therapy, and future treatment
• Lost income due to missed work or reduced earning capacity due to disability
• Pain and suffering, including physical pain, emotional distress, and loss of enjoyment of life
• Permanent disability or disfigurement
• In tragic fatality cases, surviving family members may also have the right to file a wrongful death claim

Because New York is a no-fault insurance state, your own auto insurance (if you have any) or the driver’s insurance may cover initial medical expenses under Personal Injury Protection (PIP). However, for serious injuries as defined in New York law, you can pursue a negligence claim against the driver and any other responsible parties to recover full compensation.

What Should You Do After a Pedestrian Accident in New York City?

If you’re hit by a car in NYC, the steps you take afterward can have a big impact on your ability to recover compensation. Consider the following:

1. Call 911 and seek medical attention.
2. Get the driver’s contact information and insurance details.
3. Take photos of the scene, your injuries, and anything that might help establish fault.
4. Speak to witnesses and try to get their contact info.
5. Do not give recorded statements to the driver’s insurance company without legal advice.
6. Contact a personal injury attorney as soon as possible.

Let an Experienced New York Pedestrian Accident Lawyer Help

Proving liability in a pedestrian accident can be challenging, especially when the driver blames the victim or when multiple parties are involved. At Leandros A. Vrionedes, P.C., we thoroughly investigate every case, gather the evidence needed to prove fault, and fight for maximum compensation on your behalf.

If you or a loved one has been injured while crossing the street in New York City, Nassau or Westchester County, contact our office for a free consultation and put a skilled advocate in your corner.