Every weekday morning, commuters step off the LIRR at Locust Manor station, on Farmers Boulevard at the edge of Springfield Gardens, and walk toward home, work or the bus. It is a short walk in distance and a complicated one in practice. Farmers Boulevard, Merrick Boulevard, Springfield Boulevard and North and South Conduit Avenue carry fast traffic, airport-bound trucks and buses. Sidewalks can be narrow, broken or missing in stretches. Crosswalks are far apart on some blocks.
Urban planners use a tool called a “walking audit” to examine how safe a route is for pedestrians. This article borrows the idea. We will walk a typical route from Locust Manor station through Springfield Gardens, stopping at points where pedestrians are commonly hurt, and explain the law that protects you at each. If you need a pedestrian accident lawyer in Springfield Gardens, consider this your field guide.
Audit Stop 1: Leaving the Station on Farmers Boulevard
What we see: Commuters crossing Farmers Boulevard to reach bus stops and side streets, drivers dropping off and picking up passengers, and cars turning near the station.
The law: Drivers must yield the right of way to pedestrians in crosswalks, marked or unmarked, when the pedestrian is in the driver’s half of the roadway or approaching closely (VTL Section 1151). New York City also has a right-of-way law, Administrative Code Section 19-190, which makes it a traffic violation, and in some cases a misdemeanor, for a driver to fail to yield to a pedestrian with the right of way and cause injury. Drivers must also exercise due care to avoid colliding with any pedestrian (VTL Section 1146).
Audit Stop 2: The Merrick Boulevard Crossing
What we see: A wide boulevard with buses, left-turning cars and long signal cycles. Many pedestrians cross mid-block to catch a bus rather than walk to the corner.
The law: Crossing mid-block is not illegal everywhere, but pedestrians crossing outside a crosswalk must generally yield to vehicles (VTL Section 1152). That does not give drivers permission to hit them; drivers still must exercise due care. Under New York’s pure comparative negligence rule, a mid-block crosser who is hit may have their recovery reduced by their share of fault, but can still recover.
Audit Stop 3: A Turning Car at the Intersection
What we see: A driver turning right on a green light, looking left for traffic, and not seeing a pedestrian stepping off the curb on the right. Or a driver turning left, focused on oncoming cars, who strikes a pedestrian in the crosswalk.
The law: Turning drivers must yield to pedestrians lawfully in the crosswalk. Turning crashes are among the most common causes of pedestrian injuries in New York City, which is why the city has installed features like leading pedestrian intervals, giving walkers a head start before cars get a green light, at many intersections.
Audit Stop 4: The Broken Sidewalk on 147th Avenue
What we see: A raised slab, lifted by tree roots, with a two-inch edge. A pedestrian looking at the bus schedule on their phone catches a toe.
The law: This is a sidewalk case, not a car case. Under NYC Administrative Code Section 7-210, the owner of the adjacent property is generally responsible for maintaining the sidewalk, unless it is an owner-occupied one-, two- or three-family home used exclusively as a residence, in which case responsibility generally stays with the city. Claims against the city require a Notice of Claim within 90 days and, usually, proof of prior written notice of the defect.
Audit Stop 5: The Missing Sidewalk
What we see: In parts of southeast Queens near the airport and the Conduit, sidewalks end abruptly, forcing pedestrians into the road.
The law: Where there is no sidewalk, pedestrians must walk on the left side of the roadway facing traffic, when practicable (VTL Section 1156). Drivers must still exercise due care. If a missing or impassable sidewalk contributed to a crash, the city’s role may be investigated.
Audit Stop 6: The Bus Stop on the Conduit
What we see: A bus stop on a fast road, with riders waiting close to traffic and crossing to reach the opposite stop.
The law: If a bus strikes a pedestrian, the MTA’s Notice of Claim deadline of 90 days applies. If a car strikes a pedestrian at a bus stop, the driver is the primary defendant. Bus stop design and placement can sometimes raise claims against public entities, but those are difficult and deadline-sensitive.
Audit Stop 7: The Driveway Backout
What we see: A homeowner backing out of a driveway into the sidewalk, unable to see a child walking to school.
The law: Drivers backing up must do so safely and without interfering with other traffic, including pedestrians (VTL Section 1211). A driver who backs over a pedestrian on a sidewalk is generally negligent.
Your Rights as an Injured Pedestrian
- No-fault benefits: A pedestrian hit by a car is generally entitled to no-fault benefits for reasonable medical bills and part of lost wages, regardless of fault, usually through a household auto policy or, if none, the striking vehicle’s policy. File within 30 days.
- Serious injury threshold: To recover pain and suffering from the driver, the injury must meet Insurance Law Section 5102(d). Pedestrian injuries often do, because they frequently involve fractures.
- Hit-and-run: If the driver fled, report it to police immediately. A household uninsured motorist policy or MVAIC may provide benefits, subject to notice rules.
- Comparative fault: Reduces, but does not bar, recovery.
What To Do After Being Hit
- Call 911 and get medical care. The 113th Precinct covers Springfield Gardens.
- Get the driver’s information, or as much as you can.
- Photograph the scene, the crosswalk, signals and the vehicle.
- Get witness names.
- Look for cameras on homes, businesses and buses.
- File for no-fault within 30 days.
- Call a lawyer before talking to the driver’s insurer.
Deadlines
- No-fault: 30 days.
- Notice of Claim against the city or MTA: 90 days.
- Personal injury lawsuit: generally three years.
- Wrongful death: two years.
For city pedestrian safety programs and data, see Vision Zero. To report broken sidewalks, use NYC 311; those reports can later help establish notice.
Walk With Mushiyev Law
We represent pedestrians across southeast Queens from our office in Rosedale, just minutes from Springfield Gardens. There is no attorney fee unless we recover money for you. Visit our home page or contact us.
Directions From Springfield Gardens to Our Rosedale Office
Mushiyev Law is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, beside the Cross Island Parkway and the Belt Parkway interchange.
From the Locust Manor station, head south on Farmers Boulevard to the Belt Parkway east, then the Cross Island Parkway to Rosedale, or take the LIRR one stop toward Rosedale.
Who Walks Springfield Gardens, and Who Gets Hurt
Pedestrian injuries do not fall evenly. In Springfield Gardens, three groups face particular risk.
Commuters. Thousands of residents walk to the Locust Manor and Laurelton LIRR stations, to bus stops on Merrick and Springfield Boulevards, and to airport shuttles. Early morning and evening commutes in winter happen in darkness, when drivers see pedestrians late.
Children. Students walk to schools throughout the neighborhood, often crossing busy roads. Children are harder for drivers to see and less able to judge traffic speed. The city installs school-zone speed cameras and slow zones, but crashes still happen. For a child, the statute of limitations is generally tolled until 18, though no-fault and Notice of Claim deadlines still apply.
Seniors. Older residents walking to shopping, churches and medical appointments are more likely to be seriously hurt when struck, and they may need more time to cross wide streets than signal timing allows. A hip or pelvic fracture can permanently affect independence.
Airport Workers on Foot
Springfield Gardens borders JFK, and many residents walk to work at the airport’s cargo buildings, hotels and service businesses along the Conduit and Rockaway Boulevard. Those routes often lack continuous sidewalks and cross high-speed roads with heavy truck traffic. A pedestrian struck by a truck can claim no-fault benefits and, if seriously injured, pursue the driver and trucking company, whose commercial insurance is typically larger than a private car’s. If the crash happened on airport property, Port Authority notice rules and a one-year filing period may apply.
The Injuries Pedestrians Suffer
When a car strikes a pedestrian, the bumper often hits the legs, the hood strikes the hip or torso, and the person is thrown onto the windshield or the pavement. Common injuries include tibia and fibula fractures, knee injuries, pelvic fractures, rib fractures, head injuries and spinal injuries. Many require surgery and long rehabilitation, and most meet New York’s serious injury threshold. Prompt medical evaluation is essential, even if you are able to walk away from the scene.
Walking Tips for Springfield Gardens
Cross at corners and with the signal whenever possible, and wait for the walk signal’s head start where leading intervals exist. Make eye contact with turning drivers before stepping into the crosswalk. Wear light or reflective clothing at night, especially along the Conduit and Farmers Boulevard. Put the phone away when crossing. And where sidewalks end, walk facing traffic and as far from the travel lane as you safely can.
Frequently Asked Questions
Do I get no-fault benefits if a car hits me while walking in Springfield Gardens?
Yes. Pedestrians are generally entitled to no-fault benefits through a household auto policy or, if none, the striking vehicle’s policy. File within 30 days.
What if I was crossing mid-block when I was hit?
You may still recover. Pedestrians outside crosswalks must yield, but drivers must still exercise due care, and comparative fault reduces rather than bars recovery.
Who is responsible for a broken sidewalk in Springfield Gardens?
Usually the adjacent property owner, unless it is an owner-occupied one-, two- or three-family home used only as a residence, in which case responsibility generally rests with the city.
What if the driver who hit me fled the scene?
Report it to police immediately. A household uninsured motorist policy or MVAIC may provide benefits.
How much does a pedestrian accident lawyer in Springfield Gardens cost?
Mushiyev Law works on contingency: no attorney fee unless we recover money for you.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.