How Long Do I Have to Sue After Being Hit as a Pedestrian in New York
Being hit by a car while walking in New York can turn your life upside down in a matter of seconds. As a pedestrian, you’re extremely vulnerable to serious injuries that could take months or even years to recover from. If you’ve been injured in a pedestrian accident, it’s important to act quickly, not just for your health, but also to protect your legal rights. New York has strict deadlines, called statutes of limitations, that determine how long you have to file a lawsuit. If you wait too long, you could lose your right to recover compensation altogether.
Learn more below, and if you or a family member has been knocked down by a car while walking in Manhattan, Queens, Brooklyn, or the Bronx, contact Leandros A. Vrionedes, P.C., to speak with an experienced and dedicated New York City pedestrian accident lawyer.
The General Rule: Three Years for Personal Injury Lawsuits
In most pedestrian accident cases, New York law gives injured individuals three years from the date of the accident to file a personal injury lawsuit. This is the standard statute of limitations for negligence claims, which include most car accidents involving pedestrians. Missing this deadline can be fatal to your claim. Even if you have a strong case and clear evidence, the court will likely dismiss it if it’s filed late.
This three-year window gives you time to gather evidence, seek medical treatment, and consult an attorney. However, it’s important not to wait too long. Evidence like surveillance footage can be lost, witnesses’ memories may fade, and insurance companies often use delay tactics to minimize payouts. The sooner you act, the better your chances of building a strong case.
Special Rules for Claims Against Government Entities
If your accident involved a city bus, police car, sanitation truck, or another government-operated vehicle, the rules are very different. In New York, if you plan to sue a public entity like the City of New York or the Metropolitan Transportation Authority (MTA), you must file a Notice of Claim within 90 days of the accident. This is a formal document that informs the government agency of your intention to sue. If you miss this deadline, you may be barred from bringing your claim.
After filing the Notice of Claim, you then have only one year and 90 days from the date of the accident to file a lawsuit. These deadlines are much shorter than the three-year statute that applies to private parties, so it’s critical to speak with an attorney as soon as possible if a city or state agency is involved.
Wrongful Death Claims Have a Shorter Timeline
Tragically, some pedestrian accidents result in fatalities. If a loved one is killed after being hit by a car, their family may be eligible to bring a wrongful death lawsuit. In New York, the statute of limitations for wrongful death is two years from the date of death, which is considerably shorter than the time allowed for personal injury claims. In wrongful death cases, only the personal representative of the deceased’s estate (such as the executor of a will) can bring the lawsuit, and any compensation awarded will go to the estate and surviving family members.
No-Fault Insurance and Its Deadlines
New York is a no-fault state, which means that if you’re hit by a car, the driver’s no-fault insurance is supposed to cover your medical bills and lost wages regardless of who was at fault. However, to qualify for these benefits, you must file a no-fault application (Form NF-2) within 30 days of the accident. This is a critical deadline that many accident victims don’t realize applies to them.
Filing a no-fault claim is separate from suing the at-fault driver. The no-fault system is designed to provide quick access to basic economic benefits, but it does not compensate for pain and suffering or other non-economic damages. To recover those, you would still need to file a personal injury lawsuit, which is where the three-year statute of limitations comes into play.
What to Do After a Pedestrian Accident in NYC
If you’ve been hit by a car, the most important first step is to seek medical attention. Regardless of how you feel immediately after the accident, some injuries—such as traumatic brain injuries or internal bleeding—may not show symptoms right away. Getting prompt medical care not only protects your health but also creates a record of your injuries that can be used later in your case.
Next, consider speaking with an experienced New York personal injury attorney. A lawyer can help you determine which deadlines apply, identify all possible sources of compensation, and ensure that your claims are filed on time. If you were struck by a vehicle operated by the city or state, your attorney can handle the notice of claim and help you navigate the additional requirements.
Here’s a brief recap of some key deadlines to keep in mind:
- Three years to file a personal injury lawsuit against a private individual or company.
- 90 days to file a Notice of Claim if a government agency is involved.
- One year and 90 days to sue a public entity after a Notice of Claim.
- Two years to file a wrongful death claim.
- 30 days to file a no-fault insurance application.
Don’t Wait to Get Legal Help After a Pedestrian Knockdown in New York City
Time is not on your side after a pedestrian accident. Whether you’re dealing with mounting medical bills, lost income, or the trauma of serious injuries, legal deadlines are ticking from the day you were hurt. By contacting a knowledgeable personal injury attorney early on, you give yourself the best chance at a full and fair recovery.
If you were hit by a car while walking in New York and aren’t sure what to do next, don’t guess or take chances with your future. Reach out for legal guidance as soon as possible so your rights are protected and your claim is preserved. Contact New York City pedestrian accident attorney Leandros A. Vrionedes, P.C., for a free consultation.
