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Queens Pedestrian Accident Lawyer: NYC’s Right of Way Law and Your Claim

By Yakov Mushiyev, Esq.September 23, 2026

Queens has some of the most dangerous streets in New York City for people on foot. Queens Boulevard, Northern Boulevard, Hillside Avenue and Woodhaven Boulevard see pedestrians hit every week, often in the crosswalk with the signal. If you or someone you love was struck, a Queens pedestrian accident lawyer can explain your rights under both state law and NYC’s own rules.

Queens pedestrian accident lawyer: a crosswalk at a Queens intersection
Most Queens pedestrian crashes happen at intersections, often while the pedestrian has the walk signal.

NYC’s Right of Way Law

New York City’s Right of Way Law (Administrative Code § 19-190) makes it a crime for a driver to hit a pedestrian or cyclist who has the right of way and cause injury. A charge isn’t required for your civil claim, but a violation is powerful evidence that the driver was negligent. State law also requires drivers to use due care toward pedestrians under VTL § 1146.

How pedestrian crashes happen in Queens

  • Left turns into a crosswalk while the walk signal is on
  • Right turns on green without checking the crosswalk
  • Speeding on wide boulevards
  • Backing up in parking lots and driveways
  • Trucks and buses with large blind spots
  • Rideshare drivers stopping or pulling out suddenly

The City tracks these crashes as part of Vision Zero, and many Queens corridors have been redesigned because of them.

Who pays your medical bills?

Pedestrians hit by a vehicle are generally covered by New York no-fault, which pays medical bills and part of lost wages up to at least $50,000 regardless of fault. The claim usually has to be filed within 30 days. Our no-fault guide explains which policy pays first.

Suing the driver for your full losses

Beyond no-fault, you can bring a claim against the driver for pain and suffering and additional losses if you have a “serious injury” under Insurance Law § 5102(d). Pedestrian injuries such as fractures, traumatic brain injuries and spinal injuries often meet that threshold. The lawsuit deadline is generally three years, or much shorter if a city vehicle was involved.

Evidence that wins pedestrian cases

  1. The police report and any Right of Way Law summons
  2. Traffic, bus and business camera footage (often erased within days)
  3. Signal timing records for the intersection
  4. Witness statements
  5. Your medical records showing the full extent of your injuries

Talk to a Queens pedestrian accident lawyer early

The sooner we’re involved, the more evidence we can save. We handle pedestrian cases throughout Queens, from Astoria to the Rockaways. For more, read our Queens pedestrian accident guide and see our pedestrian accident practice page.

Visit Yakov Mushiyev & Associates

Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, just off the Cross Island Parkway on the Queens–Nassau border. If you can’t come to us, we’ll come to you: at home, in the hospital or by video.

Attorney Yakov Mushiyev, Queens pedestrian accident lawyer
Attorney Yakov Mushiyev

Talk to a Queens pedestrian accident lawyer today

Yakov Mushiyev & Associates has recovered over $80 million for injured New Yorkers across the five boroughs and Nassau County. Consultations are free, available in English, Russian and Spanish, and there is no fee unless we win.

Call 718.775.3110 or contact us online for a free case review.

This article is general information, not legal advice. Every case is different. Attorney Advertising.

Injured? Talk to a lawyer today.

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No fee unless we win. Consultations available by phone, video or at your home or hospital.

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