Long Island wasn’t built for walking. Wide roads like Hempstead Turnpike, Sunrise Highway and Jericho Turnpike carry fast traffic past bus stops, shopping centers and train stations with few safe crossings. When a driver hits someone on foot, the injuries are usually severe. If that happened to you or a family member, here’s what a Long Island pedestrian accident lawyer wants you to know.
Drivers owe pedestrians a duty of care
Under Vehicle and Traffic Law § 1146, every driver must exercise due care to avoid hitting a pedestrian. At crosswalks without signals, VTL § 1151 generally requires drivers to yield to pedestrians crossing. Common causes of Long Island pedestrian crashes include:
- Drivers turning without looking at crosswalks
- Speeding on multi-lane roads
- Distracted driving and phone use
- Backing out of driveways and parking lots
- Drunk or drugged driving
- Poor lighting near bus stops and LIRR stations
Your medical bills: no-fault covers pedestrians
If a car hits you while you’re walking, New York’s no-fault system usually pays your medical bills and part of your lost wages, up to at least $50,000, regardless of fault. If you or someone in your household owns a car, that policy often pays first; otherwise the striking vehicle’s insurer pays. The application is generally due within 30 days. See our no-fault claims guide.
Claiming against the driver
To recover for pain and suffering and losses beyond no-fault, you generally need a “serious injury” under Insurance Law § 5102(d). Pedestrian crashes often cause qualifying injuries: fractures, head and brain injuries, spinal injuries and significant scarring. You usually have three years to sue the driver, but deadlines against a county, town or village (for a dangerous road design or missing signals, for example) are much shorter.
What if the driver says I wasn’t in the crosswalk?
New York is a pure comparative negligence state. Even if you crossed mid-block or against a signal, you can still recover, reduced by your share of fault. Drivers still have to watch for people in the road.
Hit-and-run on Long Island
If the driver fled, you may still have coverage through your own household auto policy or through New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC). Report the crash to police right away; strict notice requirements apply.
Why hire a Long Island pedestrian accident lawyer?
We get surveillance video from businesses and homes near the scene, reconstruct the crash, deal with every insurer, and build the medical proof your claim needs. We represent injured pedestrians throughout Nassau County, as well as Queens and the rest of New York City. Learn more on our pedestrian accident page. For national safety data, see NHTSA’s pedestrian safety resources.
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.
Talk to a Long Island 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.