You were on foot. A car hit you. Now the clock is running, and it runs faster than most people think. This page is a checklist. Read it in order. Do what it says. If you are looking for a pedestrian accident lawyer in Queens, you will also find out what that lawyer should be doing for you, and when. Some deadlines here are measured in days, not years. Treat them that way.
One note up front. This is general information about New York law. Your facts matter. When in doubt, call.
Get Medical Care Now. Not Tomorrow.
Go to the emergency room or urgent care. Today. Pedestrian injuries are often worse than they feel. Head injuries hide. Internal injuries hide. Fractures in the hip, knee, and wrist can feel like bruises for a day or two.
Tell the doctor you were hit by a vehicle. Say where it hurts. Say all of it. Do not tough it out. A gap between the crash and your first visit is something insurers love to point at.
Then follow up. Keep every appointment. Fill every prescription. If a doctor sends you to physical therapy, go. Your recovery comes first. Your records come right behind it.
Call the Police and Get the Report Number
If police came to the scene, get the report number before you leave. If they did not, call and report it. Ask how to get a copy.
Know this, too: drivers must file a DMV MV-104 accident report within 10 days when anyone is injured or killed, or when property damage exceeds $1,000. If the driver says they will “handle it,” do not count on it. Make your own record.
Photograph Everything Before It Changes
Use your phone. Or ask someone to use theirs. Get:
- The vehicle, its plate, and any damage.
- The crosswalk, signals, and signs.
- Skid marks, debris, and where you landed.
- Your injuries, today and as they change over the next weeks.
- Your shoes and clothing. Keep them. Do not wash them.
- Lighting conditions if it was dark. Note broken streetlights.
Get the driver’s name, license, insurance, and plate. Get every witness’s name and phone number. Witnesses leave fast. Their phone numbers stay.
Find the Cameras Today
Look up. Look around. Queens corners are full of cameras. Storefronts. Bodegas. Apartment lobbies. Gas stations. Buses. Dashcams in cars that were stopped at the light.
Write down every one you see. Many systems record over themselves in days. Some in hours. A lawyer can send preservation letters asking businesses to save footage. That only works if it goes out before the footage is gone.
File for No-Fault Within 30 Days
This one is critical. New York’s no-fault system pays basic economic loss regardless of who caused the crash. That means medical bills, 80% of lost earnings up to $2,000 a month, and up to $25 a day for other reasonable expenses, up to $50,000 per person.
Pedestrians struck by a car generally claim no-fault through that vehicle’s insurer. The application is generally due within 30 days of the accident. Late applications can be denied. Do not wait to “see how you feel.” File.
No car insurance yourself? That is not the question. The vehicle’s policy is usually where a pedestrian starts. If the vehicle had no insurance or cannot be identified, keep reading.
Watch the 90-Day Clock If a Bus or City Vehicle Hit You
Hit by an MTA bus? A Sanitation truck? Another City vehicle? Different rules. Short ones.
Claims against New York City, its agencies, and NYC Transit generally require a Notice of Claim within 90 days under General Municipal Law §50-e. For NYC Transit, Public Authorities Law §1212 applies as well. A lawsuit generally must follow within one year and 90 days. The City may demand a 50-h hearing, a sworn examination about what happened, before you can sue.
Ninety days goes by fast when you are recovering. Do not let it.
If the Driver Fled, Move Faster
Leaving the scene of an injury crash violates Vehicle and Traffic Law §600. That is the driver’s problem. Your problem is coverage.
When no other insurance is available, the Motor Vehicle Accident Indemnification Corporation, or MVAIC, may apply. Your own household auto policy may also carry uninsured motorist coverage. Both have strict notice requirements. Report the crash to police. Give notice as soon as possible, within strict deadlines.
Then hunt for the driver. Partial plates help. Vehicle color helps. Video helps most. We go into detail on our page for hit-and-run accidents in Queens.
Do Not Give the Driver’s Insurer a Recorded Statement
The adjuster will call. They will sound helpful. They will ask to record your account “to speed things up.”
You are generally not required to give the other driver’s insurer a recorded statement. Say no politely. Give basic contact information if you want. Nothing more until you have advice.
Why? Because small phrases get used later. “I didn’t see the car.” “I was in a hurry.” “I’m doing okay.” Each can be twisted into fault or a minor injury. Do not hand them over.
And do not sign anything the other driver’s insurer sends without advice. No broad medical authorizations. No releases. No checks marked “final.”
Know What the Driver Owed You
Drivers in New York have a clear duty. Vehicle and Traffic Law §1146 requires every driver to exercise due care to avoid colliding with pedestrians. That duty does not disappear because you were outside a crosswalk or because the light was changing. It applies everywhere.
Common breaches in Queens pedestrian cases:
- Turning left or right into a crosswalk without yielding.
- Running a red light or rolling through a stop sign.
- Backing out of a driveway or parking spot without looking.
- Texting or holding a phone, which VTL §1225-c and §1225-d prohibit.
- Driving while impaired, prohibited under VTL §1192.
- Speeding on wide boulevards built for flow, not for crossing.
Was the driver working? A delivery van, a box truck, a rideshare car? Then an employer or company may share responsibility. Under VTL §388, a vehicle’s owner is generally liable for a permissive driver’s negligence. Delivery networks add layers. We cover those on our page for delivery driver accidents in Queens.
2026 update: For motor-vehicle personal-injury actions commenced on or after May 26, 2026, New York’s modified comparative fault rule under CPLR 1411 applies. A pedestrian found more than 50% at fault recovers nothing. At 50% or less, recovery is reduced by the pedestrian’s share. Insurers will push hard on jaywalking and distraction. Do not concede fault. Let the evidence speak.
Understand the Serious Injury Threshold
To recover for pain and suffering after a motor-vehicle crash, New York generally requires a “serious injury” under Insurance Law §5102(d). That includes a fracture, significant disfigurement, permanent loss of use, a permanent consequential limitation, a significant limitation of use, and death, among others. The 2026 amendments removed the “90/180-day” category.
Pedestrian injuries often qualify. Leg fractures. Pelvic fractures. Head trauma. Shoulder and knee tears. But “often” is not “always.” Objective medical proof decides it. Keep treating. Keep your records.
Economic loss above what no-fault pays can be pursued regardless of the threshold. Lost wages beyond the cap. Medical costs beyond $50,000. Do not leave those on the table.
Mark the Big Deadlines on Your Calendar
- 30 days: no-fault application, generally.
- 90 days: Notice of Claim against the City, its agencies, or NYC Transit, generally.
- 1 year and 90 days: lawsuit against the City after a timely notice, generally.
- 2 years: wrongful death claims, from the date of death, under EPTL 5-4.1.
- 3 years: general personal injury statute of limitations under CPLR 214(5).
Write them down. Then act long before any of them.
If a crash took a loved one’s life, know this: New York wrongful death damages remain limited mainly to economic losses. The Grieving Families Act, which would expand recovery to grief and emotional loss, has been passed by the Legislature and vetoed by the Governor more than once. A survival claim may also be brought by the estate for the person’s conscious pain and suffering.
Know Where Queens Pedestrians Get Hit
Some streets demand extra caution. Every Queens resident knows a few:
- Queens Boulevard. Twelve lanes in places. Service roads. Long crossings. Turning drivers.
- Northern Boulevard. Left turns, dealerships, gas stations, and heavy truck traffic.
- Woodhaven Boulevard and Cross Bay Boulevard. Wide, fast, and busy with buses.
- Hillside Avenue and Jamaica Avenue. Dense shopping strips, buses, and double-parking.
- Merrick Boulevard and Rockaway Boulevard. Fast arterials through southeast Queens.
- Francis Lewis Boulevard. Long stretches where drivers carry speed.
- Roosevelt Avenue and Main Street in Flushing. Crowds, buses, and constant turns.
Intersections are the common thread. Turning conflicts cause many of the crashes we review. We break those down on our page about what to do when a pedestrian is hit by a car in Queens.
Hire a Pedestrian Accident Lawyer in Queens Who Moves Fast
Speed matters in these cases. Here is what your lawyer should be doing in the first weeks:
- Confirm your no-fault application is filed and accepted.
- Identify every policy: the driver’s, the owner’s, any employer’s, your household’s.
- Serve any Notice of Claim on time if a public vehicle or City road is involved.
- Send preservation letters for video, vehicle data, and records.
- Track down witnesses before memories fade.
- Gather medical records and keep them complete as treatment continues.
Then the case is built: how the crash happened, who was careless, and what it cost you. Not just bills. Lost work. Lost sleep. Lost independence. Illustrative example only, not a real case: a pedestrian crossing Hillside Avenue with the signal is struck by a driver turning left while checking a phone. The work is proving the turn, proving the phone, proving the injuries. Each requires evidence gathered early.
Live in eastern Queens? See our page for pedestrian accidents in Bellerose. Want the broader view of vehicle claims? Read our New York car accident attorney overview.
Three Queens Landmarks: Walk Smart Around Them
Pedestrians move through every part of this borough. Three well-known places show how different the risks can be.
Jamaica Bay Wildlife Refuge
The Jamaica Bay Wildlife Refuge is part of Gateway National Recreation Area, managed by the National Park Service. It sits in Broad Channel, along Cross Bay Boulevard, with trails around ponds and salt marsh that draw birdwatchers and hikers throughout the year. The visitor center and trailheads are right off Cross Bay Boulevard, a fast, busy road linking the mainland to the Rockaways. Visitors park and cross on foot. Drivers heading to the beach are not expecting walkers. Cross at marked locations. Watch for traffic coming off the bridges at speed. Be visible at dusk, when birders often linger.
Baisley Pond Park
Baisley Pond Park is a large city park in South Jamaica, built around a pond with walking paths, ballfields, playgrounds, and courts. It is a neighborhood anchor, busy with families, joggers, and youth leagues. The park sits close to busy roads, including Baisley Boulevard and the Conduit Avenue and Belt Parkway corridor, with Rockaway Boulevard nearby. Drivers using these roads to reach JFK or the Van Wyck often move fast. Children crossing to and from the park face the greatest risk. Use signals. Hold small hands. Expect drivers to turn without looking.
The Noguchi Museum
The Noguchi Museum in Long Island City was designed and founded by the sculptor himself and showcases his stone, metal, and wood works in a converted industrial building with a serene garden. It sits near Vernon Boulevard and 33rd Road, a short walk from Socrates Sculpture Park. The surrounding streets still carry industrial traffic. Trucks make wide turns. Sidewalks can be narrow or interrupted by loading areas. Visitors walking between the museums and the waterfront should stay alert near driveways and loading docks, where drivers backing up may not see them.
Directions to Our Rosedale Office from Jamaica Bay Wildlife Refuge
From the Jamaica Bay Wildlife Refuge in Broad Channel, drive north on Cross Bay Boulevard through Howard Beach. Take the Belt Parkway east past JFK Airport toward the Cross Island Parkway and Southern State junction. Exit for the local streets near Brookville Boulevard in Rosedale; our office is at 1 Cross Island Plaza, Suite 325. The drive is short in normal traffic.
Pedestrian Accident Questions: Fast Answers
When should I call a pedestrian accident lawyer in Queens?
As soon as you have received medical care. Early help protects the deadlines that come up first: the 30-day no-fault application and, if a bus or City vehicle was involved, the 90-day Notice of Claim. It also gives your lawyer a chance to request video before it is erased. A consultation does not commit you to anything.
Who pays my medical bills if I was hit while walking?
Generally, the no-fault coverage on the vehicle that hit you. It pays medical bills, 80% of lost earnings up to $2,000 a month, and up to $25 a day for other reasonable expenses, up to $50,000 per person, regardless of fault. File the application within 30 days. Your health insurance may help with costs beyond that.
I was crossing outside the crosswalk. Can I still recover?
Possibly. Drivers must exercise due care toward pedestrians everywhere, not only in crosswalks. Your conduct can be weighed as comparative fault. For motor-vehicle injury actions commenced on or after May 26, 2026, a pedestrian more than 50% at fault recovers nothing; at 50% or less, recovery is reduced by their share. Evidence decides the split.
What if the driver never stopped?
Report it to police right away. If the driver is never identified or had no insurance, MVAIC may apply when no other coverage is available, and your household auto policy may include uninsured motorist coverage. Both have strict notice requirements. Act as soon as possible. Meanwhile, look for cameras and witnesses who may have seen the vehicle.
An MTA bus hit me. What changes?
Transit claims follow special rules. A Notice of Claim is generally required within 90 days, a lawsuit is generally due within one year and 90 days, and you may be required to attend a 50-h hearing. These deadlines are strictly enforced. Do not wait to contact a lawyer.
Do I need a “serious injury” to sue?
To recover for pain and suffering after a motor-vehicle crash, generally yes. Insurance Law §5102(d) defines serious injury to include fractures, significant disfigurement, permanent loss of use, and significant or permanent limitations, among others. The 2026 amendments removed the 90/180-day category. Economic loss above no-fault limits can be pursued regardless of the threshold.
A delivery truck hit me. Who is responsible?
Possibly several parties: the driver, the vehicle’s owner, and the company the driver worked for. Under VTL §388, an owner is generally liable for a permissive driver’s negligence. Large delivery networks often use contractors, so the structure of the company matters. Identify the company name on the vehicle and photograph it.
My child was hit near a school or park. What should I do?
Get medical care first, then report the crash and gather witness names, especially other parents and crossing guards. Children’s claims follow special rules, including how settlements are approved by a court. Look for cameras at nearby buildings, schools, and businesses. Keep a record of missed school and changes in your child’s behavior or activities.
Should I post about the accident online?
No. Insurers review social media. Photos and comments can be taken out of context to suggest you are not hurt or that you were at fault. Keep accounts private. Do not discuss the crash, your injuries, or your activities online until your claim is resolved.
Can I meet with your team if I am hurt and cannot travel?
Yes. Our office is in Rosedale, at 1 Cross Island Plaza, but we work with clients across Queens. If you cannot travel, call and we will discuss options. For general questions about the process, our FAQ page is a good starting point.
Related: For a full overview of how our firm handles these claims, visit our Pedestrian Accident Lawyer in Queens page.
Call a Pedestrian Accident Lawyer in Queens Today
Do not wait for the insurer to set the pace. Get treated. File for no-fault. Watch the 90-day clock. Save the evidence. Then call Yakov Mushiyev & Associates, P.C. at 718.775.3110, or contact our Rosedale office online. Tell us what happened. We will tell you where you stand and what to do next. That is what a pedestrian accident lawyer in Queens is for.
General information, not legal advice. Attorney Advertising. Prior results do not guarantee a similar outcome.