You are crossing Atlantic Avenue, you have the green light – a turning SUV hits you from the side. Broken leg, torn ligaments, ambulance. You are lying in Woodhull Medical Center and don’t know who will pay the bill. New York is a city of pedestrians – and a city of pedestrian accidents. If this has happened to you or a loved one, you have rights that are worth knowing.
Comparative negligence – compensation even with partial pedestrian fault
New York applies the principle of comparative negligence. Did you enter the road on a red light? Did you walk outside a crosswalk? This does not mean you lose the right to compensation. It means that the compensation will be reduced proportionally to your share of the fault.
A concrete example: the court finds you 20% responsible. Total damages are $100,000. You get $80,000. In many states, in such a situation, you would get nothing – the “50% or nothing” rule applies there. In New York, you can be 99% at fault and still get 1% of the compensation. That is a huge difference.
But the driver’s insurer will fight to make your percentage of fault as high as possible. That is why it is crucial to secure evidence: surveillance camera footage (city and private), police report, witness statements. These things disappear quickly – cameras overwrite footage after a few days.
No-fault and serious injuries – when you can sue the driver
As a pedestrian in a no-fault state, you can use the PIP of the driver who hit you (up to $50,000 for medical treatment and lost wages). But if the injuries exceed the “serious injury” threshold – fracture, permanent scarring, significant limitation of mobility – you have the right to a civil lawsuit for full compensation, including pain and suffering.
In a pedestrian knockdown, the “serious injury” threshold is usually easier to prove than in vehicle-to-vehicle collisions. Broken bones, head injuries, spinal damage – these are standard after being hit by a car traveling even at 30 km/h.
→ Were you hit? Check out the Jodré Brenecki profile in the PolishPages directory.
What to look for when choosing an attorney after a knockdown
- Knowledge of NYC and local traffic conditions – an attorney who knows problematic intersections (Atlantic and Flatbush, Queens Blvd, Grand Concourse), lack of signaling on specific streets, and Vision Zero policy will build a more effective argument.
- Quickly securing surveillance evidence – footage from NYPD, DOT, and private cameras is available for a limited time. A law firm that knows how to obtain them quickly protects your chances. Days count.
- Service in Polish – precisely describing the course of the accident, pain, and mobility limitations in your own language is not a convenience, it is a necessity for strong medical-legal documentation.
- “No win, no fee” system – after a knockdown, you have enough worries. An attorney shouldn’t be another one.
→ The Jodré Brenecki law firm with an office in Williamsburg represents pedestrians injured in accidents throughout NYC – check out the profile in the PolishPages directory.
A street knockdown changes your life in a minute. New York state law stands on the side of pedestrians – but you must act quickly before evidence disappears and deadlines pass. Call for a free consultation: 347-563-2605.
