Pedestrian Knockdowns (NY / NYC) “Pedestrian knockdowns” is what happens when a motor vehicle hits a pedestrian.

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1. What should I do if a car hits me as a pedestrian in NYC? 
 Call 911 and get medical attention right away. Gather as much information as you can: driver’s information, insurance and license plate number of the car, phone number and email addresses of any witnesses. Take photos of the scene, vehicle, and your injuries. Report the incident to the police. Then consult a personal injury lawyer. 
 

2. How long do I have to file a lawsuit if I’ve been struck by a vehicle? 
 Generally, three years from the date of the incident to file a personal injury lawsuit in New York. If you're suing a government entity (for example, a bus operated by the MTA or the New York City Transit Authority), you must first file a Notice of Claim within 90 days of the incident, and a lawsuit within one year and 90 days from the date of the incident. 

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3. What law governs pedestrian rights and driver liability in NY? 

 New York State requires motorists to exercise due care to avoid colliding with  pedestrians. Likewise, in New York City, drivers are required to yield the right of way to pedestrians crossing the street within marked and unmarked crosswalks. A driver’s violation of the law can give rise to legal liability. 

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4. Can I still recover if I did something risky (jaywalking, crossing outside a crosswalk)? 
 Yes. New York is a pure comparative fault state which means you can still recover if you are found to be at fault. The damages you can recover, however, will be reduced by the amount (%) you are found to be at fault.

 

5. What damages are available after a knockdown (vehicle hitting a pedestrian)? 
 You are entitled to recover whatever damages are necessary to make you whole, including pain and suffering, loss of enjoyment of life, and economic loss such as medical bills and lost wages. 
 

6. Do I need evidence that the driver was negligent, even if they hit me? 
 Yes. Getting struck by a motor vehicle does not automatically mean that the offending vehicle was at fault. You still need to prove that the driver was negligent, e.g., speeding, failing to yield the right of way, driver inattention, etc. 

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7.  What if the driver fled, or if the police report is hard to obtain — can I still sue? 
 You can, if you have information that identifies the vehicle that struck you. If you were involved in a hit-and-run, you still might be able to recover damages for your injuries through your own car insurance. And if you do not own a car, you might be able to pursue a claim through New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC), the state’s insurer-of-last-resort. 
 

8.  What role do witnesses, video, or surveillance play in a pedestrian knockdown case? 
They can be very important. Video or surveillance can show exactly how the incident happened. Likewise, witnesses can help corroborate your version of the incident. The stronger the evidence of how a crash occurred, the stronger the case. 

 

9. Can a municipality be held liable if poor street design contributed to the accident? 
 Yes. Municipalities have a legal duty to maintain their roadways in a reasonably safe condition and can be held responsible if they had notice that a roadway is dangerous. Once on notice that a roadway is dangerous, the municipality is required to perform a traffic safety analysis and to create an appropriate traffic safety plan to correct any dangers on the roadway, such as daylighting the intersection or installing a traffic light.

 

10. How long does a pedestrian knockdown case take to settle or go to trial? 
 It depends. Many cases can settle within months of an incident when the liability is clear, and the injuries are straightforward. If there are disputes as to liability or the severity of your injuries, however, cases may take years to resolve

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