When a car hits someone on foot, the injured person usually assumes the law is firmly on their side. Often it is, but insurance companies count on the gaps between what people believe and what the law actually says. Yakov Mushiyev & Associates, P.C. is a pedestrian accident lawyer in Queens, and this page takes the most common misconceptions about pedestrian claims one at a time, sets them against the facts, and shows how we use those facts to protect injured walkers.
Some of these myths hurt you by making you overconfident. Others hurt you by making you give up too soon. Both kinds cost money.
Who We Are and How We Help People Hit While Walking
Our firm represents people injured in traffic crashes throughout Queens from our office at 1 Cross Island Plaza in Rosedale. Pedestrian cases are some of the most serious we see, because a person on foot has no protection at all. We open the right insurance claims, preserve video and physical evidence, line up the medical documentation, deal with the adjusters, and file suit when that is what it takes to get a fair result.
If you were just hit and want a step-by-step checklist for the first days, read our action-by-action guide for pedestrians hurt in Queens. Then come back here to clear away the myths that adjusters rely on.
Myth: “Pedestrians Always Win. The Driver Is Automatically at Fault.”
Fact: Drivers have a clear legal duty. Under Vehicle and Traffic Law §1146, every driver must exercise due care to avoid colliding with pedestrians. But there is no automatic win. Insurers investigate pedestrian claims looking for anything that shifts blame: where you crossed, the signal, lighting, your clothing, whether you were on your phone.
Why it matters: Relying on the belief that fault is obvious leads people to skip the evidence that proves it. Video, witness names and scene photos are what turn “obvious” into proven. The time to gather them is now, not after the insurer has built its version of events.
Myth: “If You Crossed Mid-Block or Against the Light, You Have No Case.”
Fact: Crossing outside a crosswalk or against a signal can affect a claim, but it does not automatically end it. New York uses comparative fault, which reduces recovery by the injured person’s share of responsibility. A driver who was speeding, distracted or failed to keep a proper lookout can still bear most or all of the blame.
Why it matters: Many people never call a lawyer because they believe a jaywalking mistake wiped out their rights. That belief saves insurers a lot of money.
2026 update: For motor-vehicle personal injury actions commenced on or after May 26, 2026, amended CPLR 1411 provides that a claimant whose fault is greater than the defendants’ combined fault (more than 50%) recovers nothing; at 50% or less, recovery is reduced by the claimant’s share. Pedestrian claims against drivers fall within this motor-vehicle rule, which makes the fault fight even more important. The “90/180-day” category was also removed from the serious-injury definition for these actions.
Myth: “My Medical Bills Depend on Proving the Driver Was Wrong.”
Fact: Pedestrians struck by a car in New York generally claim no-fault benefits through the vehicle’s insurer, regardless of who was at fault. No-fault pays basic economic loss up to $50,000 per person: medical bills, 80% of lost earnings up to $2,000 a month, and up to $25 per day for other reasonable expenses.
Why it matters: You do not have to wait for a fault decision to get treatment paid. But you do have to act fast. The no-fault application is generally due within 30 days of the accident, and late filing can lead to a denial.
Myth: “No-Fault Covers Everything, So There Is Nothing Else to Claim.”
Fact: No-fault is capped and limited. It does not pay for pain and suffering. It covers only 80% of lost earnings, up to $2,000 a month, which may fall far short of what you actually earned. And serious pedestrian injuries, such as fractures, head trauma and surgeries, can exhaust $50,000 quickly.
Why it matters: Beyond no-fault, you may have a claim against the at-fault driver for pain and suffering and for economic loss above what no-fault pays. The vehicle owner can also be responsible under VTL §388 when someone drove with permission.
Myth: “Any Injury Lets You Sue for Pain and Suffering.”
Fact: To sue for pain and suffering after a motor vehicle accident, New York generally requires a “serious injury” under Insurance Law §5102(d), such as a fracture, significant disfigurement, permanent loss of use, or a permanent or significant limitation of a body function. Economic loss above no-fault can be pursued regardless.
Why it matters: The threshold is where many pedestrian claims are fought. Insurers send claimants to their own doctors and argue injuries were minor or have healed. Consistent treatment, objective testing and clear records from your own doctors are how that argument is answered.
Myth: “You Have Three Years, So There Is No Rush.”
Fact: The general personal injury statute of limitations in New York is three years under CPLR 214(5). But much shorter deadlines often control the case:
- 30 days for the no-fault application, generally.
- 90 days for a Notice of Claim against the City of New York or many public authorities under General Municipal Law §50-e, including crashes with Sanitation trucks and city vehicles, with the same 90-day warning for NYC Transit and MTA buses. Lawsuits generally must follow within one year and 90 days.
- Strict notice rules for MVAIC if the driver fled or was uninsured.
Why it matters: Pedestrians hit by city trucks are a real concern in Queens. Our page on garbage truck accident claims in Queens explains how those cases differ and why the 90-day clock is so unforgiving.
Myth: “With No Witnesses, It Is Just My Word Against the Driver’s.”
Fact: Many pedestrian cases are proven without a single eyewitness. Queens streets are full of cameras: storefronts, bodegas, apartment buildings, gas stations, buses and private doorbell systems. Vehicle damage, the point of rest, debris fields, skid marks and the timing of the traffic signal all tell a story. Medical findings can even help show how the impact happened.
Why it matters: Much of that evidence disappears within days or weeks as systems record over themselves. Preservation letters and quick canvassing are often what separates a provable case from a he-said-she-said dispute.
Myth: “The Driver Apologized, So the Insurer Won’t Fight It.”
Fact: The driver’s apology at the scene does not bind the insurance company. Once a claim is opened, the insurer makes its own decisions, and it may contest fault, injury severity, or both. Drivers also sometimes tell a different story to their insurer than they told you on the sidewalk.
Why it matters: Write down exactly what the driver said and when, as soon as you can, and tell the police officer if you can. Statements made at the scene can be important evidence, but only if they are documented.
Myth: “Parking Lots and Driveways Don’t Count as Real Accidents.”
Fact: A car that backs into you in a supermarket lot or rolls out of a driveway across the sidewalk is still a motor vehicle causing injury. No-fault and liability coverage can still apply. Depending on the facts, a property owner may share responsibility too, for example if poor lighting, missing signage or a dangerous layout contributed.
Why it matters: People hit in lots often treat the incident as a minor fender-bender and exchange information informally. Treat it like any other crash: police report, photos, medical care and prompt notice.
Myth: “A Drunk Driver’s Case Is Simple Because of the Criminal Charges.”
Fact: A criminal case and your injury claim are separate. A DWI arrest under VTL §1192 can be powerful evidence, but the criminal case moves on its own timeline and does not pay your medical bills or lost wages. In some situations, a bar or other seller that unlawfully served a visibly intoxicated driver can also be responsible under New York’s Dram Shop Act.
Why it matters: Do not wait for the criminal case to end before protecting your civil rights. Our page on drunk driving accident claims in Queens explains the extra avenues available when alcohol is involved.
Myth: “Hiring a Pedestrian Accident Lawyer in Queens Only Makes Sense for Catastrophic Injuries.”
Fact: Even injuries that seem moderate, like a fractured wrist or a knee that needs surgery, involve no-fault paperwork, the serious-injury threshold, comparative fault arguments, liens and deadlines. A misstep on any one of them can reduce what you recover or end the claim altogether.
Why it matters: Here is what a pedestrian accident lawyer in Queens does from the start:
- Opens no-fault and liability claims correctly and on time.
- Sends preservation letters for video and data.
- Identifies the driver, owner, employer and any other responsible parties.
- Coordinates medical documentation so your injuries are fully recorded.
- Handles adjuster communications and pushes back on unfair fault arguments.
- Files suit when the insurer will not pay fair value.
You can read more about Yakov Mushiyev & Associates or browse our practice areas to see the range of injury cases we handle.
Myth: “Queens Streets Are Just Dangerous. Nobody Is Responsible for That.”
Fact: Wide arterials like Queens Boulevard, Northern Boulevard, Woodhaven Boulevard, Hillside Avenue and Jamaica Avenue carry heavy, fast traffic past homes, schools and shops. Drivers turning left or right through crosswalks, rushing to beat a light, or pulling around double-parked trucks cause many pedestrian injuries. Those are driver choices, not acts of fate. When a road defect or a dangerous condition maintained by a public agency played a role, the agency may share responsibility, subject to notice rules.
Why it matters: Where you were hit shapes the investigation: which cameras to find, which agency maintains the street, and what signal patterns to request. The NHTSA pedestrian safety page offers general tips for walking safely, but after a crash, the focus shifts to proving what the driver did.
Three Queens Landmarks Where Walkers and Drivers Meet
The Museum of the Moving Image, Astoria
The Museum of the Moving Image on 35th Avenue in Astoria is dedicated to film, television and digital media, and it sits beside the historic Kaufman Astoria Studios. School groups, families and film fans arrive on foot from the Steinway Street and 36th Avenue stations, crossing streets busy with production trucks, delivery vans and drivers hunting for parking. Turning vehicles on 35th Avenue and nearby side streets often cut close to crosswalks. If you are hurt here, note any studio or building cameras on the block; they may have captured what happened.
Breezy Point, Rockaway
Breezy Point is a private cooperative community at the western tip of the Rockaway peninsula, known for its beach bungalows and close-knit neighborhood. Many of its interior streets and walkways are privately owned and maintained, which matters for pedestrian injury claims: responsibility for a dangerous condition may rest with a private owner rather than the city. On summer weekends, Rockaway Point Boulevard carries beach traffic, and drivers unfamiliar with the area may not expect walkers along the road’s edge. Carry a light at dusk and walk facing traffic where there is no sidewalk.
Socrates Sculpture Park, Long Island City
Socrates Sculpture Park sits on the East River at Vernon Boulevard and Broadway in Long Island City. Artists and community members transformed a former dumpsite into an outdoor museum and park in the 1980s, and today it hosts large-scale sculpture, markets and summer film nights. Visitors cross Vernon Boulevard, which carries commercial traffic and trucks serving the area’s industrial blocks. Evening events mean pedestrians crossing in low light. Drivers here must watch for people coming and going from the park, especially near the Broadway intersection.
Directions to Our Rosedale Office from Astoria
From the Museum of the Moving Image, take Steinway Street north to the Grand Central Parkway and head east. Near Flushing Meadows Corona Park, switch to the Van Wyck Expressway southbound and follow it toward JFK Airport, then take the Belt Parkway eastbound and exit for Brookville Boulevard in Rosedale. Cross Island Plaza is right off the exit, usually about 30 to 40 minutes away outside rush hour.
Fact-Checking Your Questions About Pedestrian Claims
Does it hurt my case if I was looking at my phone while crossing?
It may be raised as a comparative fault argument, but it does not erase a driver’s duty to watch for pedestrians. The question is what each person did and how much each contributed. A driver who ran a red light or turned into a crosswalk without looking is not excused because you glanced at a screen. Be honest with your lawyer about it, and do not discuss it with the insurer on your own.
My child was hit by a car. Who brings the claim?
A parent or guardian usually brings the claim on the child’s behalf. In New York, settlements for minors generally require court approval, which is meant to protect the child’s interests, and the money is often held until the child reaches adulthood. Some timing rules differ for minors, but no-fault and city notice deadlines still call for prompt action. Get medical care, keep records and call early.
I was hit by a cyclist or e-bike rider, not a car. Do I still have a claim?
Possibly. A rider who carelessly strikes a pedestrian can be responsible, but coverage is more complicated than in a car crash. Whether any insurance applies depends on the vehicle involved and the policies in place, and some riders have homeowner’s or renter’s coverage that may respond. If the rider was working, a business may also be involved. Get the rider’s information and a police report if you can.
Will the driver get a ticket or be charged, and does it affect my claim?
Police may issue a summons or make an arrest, or they may not. Either way, your injury claim is a separate civil matter with its own standards. A ticket or conviction can be helpful evidence, but the absence of one does not mean the driver was careful. Insurers sometimes point to “no ticket issued” as if it settles fault. It does not.
The insurer says my injuries are just age-related. Is that true?
Older pedestrians often hear that arthritis or degeneration explains their pain. Pre-existing conditions do not bar a claim. If the crash worsened a condition or caused new symptoms, that harm can be compensable. The key evidence is the difference between your health and activity before the crash and after it, documented by your doctors and confirmed by people who know you.
I was jogging in the street because the sidewalk was blocked. Am I at fault?
Not automatically. People step into the street around construction, scaffolding, snow banks and parked trucks all the time. The question is whether you acted reasonably and whether the driver used due care. Photos of the blocked sidewalk are very helpful. If a property owner or contractor created the obstruction, they may share responsibility too.
How do I get a copy of the police report?
Reports can usually be requested from the NYPD after the crash, and the officer or precinct can give you the report number. It can take time for the report to become available. We routinely obtain reports for clients and check them carefully for errors, because mistakes about the location, the signal or the direction of travel can affect how insurers view the claim.
My no-fault claim was denied. Is that the end?
No. No-fault denials can often be challenged through arbitration or court. Denials happen for many reasons, including late paperwork, missed insurer exams, or disputes about whether treatment is necessary. Keep the denial letter and the envelope it came in, note the date you received it, and contact us. Some challenges have their own time limits, so do not set it aside.
Can I recover if I was hit while getting in or out of a taxi or rideshare?
Often, yes. Depending on the facts, the at-fault party may be a passing driver, the taxi or rideshare driver, or both. TLC-licensed vehicles must carry commercial insurance, and no-fault may be available through the vehicle involved. Save your trip receipt and the driver’s details from the app, and note the exact location where you were dropped off or picked up.
What should I avoid doing while my claim is open?
Avoid recorded statements to the other side’s insurer, signing releases or broad medical authorizations, posting about the crash or your activities, and skipping medical appointments. Do not throw away the clothes or shoes you were wearing. Keep a short daily log of pain and limitations. Small habits like these make it much harder for an insurer to downplay what happened to you.
Related reading: Pedestrian Accident Lawyer in Queens: what to do after you are hit · pedestrian accident help in Bellerose
Fact-Check Your Options With a Pedestrian Accident Lawyer in Queens
Do not let a myth decide your case. Call Yakov Mushiyev & Associates, P.C. at 718.775.3110 or contact us online to talk through what happened. Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, and we help pedestrians injured throughout Queens.
General information, not legal advice. Attorney Advertising. Prior results do not guarantee a similar outcome.