Pedestrian and Bicycle Accident Lawyer in Brooklyn: Your Rights After Being Hit by a Car
If you were struck while walking or biking in Brooklyn, a pedestrian accident lawyer can help you understand your rights, your deadlines, and how New York’s insurance rules apply to your situation. Brooklyn’s crowded intersections, busy avenues, and growing network of bike lanes put people on foot and on two wheels in constant contact with heavy traffic — and when a driver is careless, the consequences are often severe. This guide explains, in plain English, the New York laws that control these cases and the concrete steps that protect a claim.
Answer First: What Should You Do After Being Hit in Brooklyn?
If you are hit by a car while walking or cycling, call 911, get medical care immediately, and report the crash so a police accident report is created. Under New York Vehicle and Traffic Law, a driver involved in a crash causing injury must report it, and a written police report helps document what happened. Preserve the names and insurance information of everyone involved, photograph the scene if you safely can, and seek prompt medical treatment — delays in care can be used by insurers to question whether your injuries came from the crash.
Does No-Fault Insurance Cover Pedestrians and Cyclists?
Yes. In New York, a pedestrian or bicyclist struck by a motor vehicle is generally covered by the no-fault benefits of that vehicle’s insurance policy. New York’s no-fault system is built into the Insurance Law, and its benefits (called “basic economic loss” under Insurance Law § 5102) pay for medical expenses and a portion of lost earnings regardless of who caused the crash, up to the statutory limits.
Key no-fault deadlines you cannot miss
No-fault benefits come with strict paperwork rules. You must generally submit a written application for no-fault benefits to the insurer within 30 days of the accident, and medical bills must typically be submitted within 45 days of treatment. Missing these deadlines can jeopardize your right to have medical bills paid. Because these timelines are short and unforgiving, it is wise to speak with a lawyer quickly so the correct forms reach the correct insurer on time. For a deeper look at how no-fault interacts with injury claims, see our explainer on New York’s “serious injury” threshold.
Can You Sue the Driver for Pain and Suffering?
Answer first: you can pursue a lawsuit against an at-fault driver for pain and suffering only if your injuries meet New York’s “serious injury” threshold under Insurance Law § 5102(d). No-fault benefits pay your medical bills and some lost wages, but they do not compensate pain and suffering. To recover those non-economic damages, the law requires that the injury fall into one of the categories defined by § 5102(d).
The serious injury categories under § 5102(d)
Insurance Law § 5102(d) defines “serious injury” to include death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function, or system; permanent consequential limitation of use of a body organ or member; significant limitation of use of a body function or system; or a medically determined injury that prevents you from performing substantially all of your usual daily activities for not less than 90 days during the 180 days immediately following the accident. Pedestrian and bicycle collisions frequently produce fractures and permanent limitations that fall squarely within these categories, but whether a specific injury qualifies depends on the medical proof.
What Is the Deadline to File a Lawsuit?
Answer first: in most New York personal injury cases arising from a motor vehicle crash, the statute of limitations is three years from the date of the accident under CPLR 214. If you do not file your lawsuit within that window, the court can dismiss your case permanently, no matter how strong it is.
When the deadline is shorter
The three-year rule has important exceptions. If a government entity may be responsible — for example, a city bus, a sanitation truck, or a dangerous roadway condition the City failed to fix — you typically must serve a notice of claim within 90 days under General Municipal Law § 50-e, and a lawsuit against the municipality generally must be started within one year and 90 days. These government deadlines are much shorter than the ordinary three years, which is one reason it is dangerous to wait. If your crash involved an MTA bus or other public transit vehicle, review our guide on the 90-day notice of claim rule for subway and bus accidents.
How Does New York’s Comparative Fault Rule Affect Pedestrians and Cyclists?
Answer first: under New York’s pure comparative negligence rule (CPLR Article 14-A, § 1411), you can recover damages even if you were partly at fault — your award is simply reduced by your percentage of fault. If a jury finds you 20% responsible and the driver 80%, you can still recover 80% of your damages.
This matters because insurers often argue that a pedestrian “darted out” or that a cyclist ran a light. Even if there is some truth to it, comparative negligence means partial fault does not bar your claim in New York; it only reduces it. New York law also imposes duties on drivers to exercise due care to avoid hitting pedestrians, which can weigh heavily in how fault is apportioned.
Evidence That Strengthens a Brooklyn Pedestrian or Bicycle Claim
The strongest claims are built early. Useful evidence often includes the police accident report, photographs of the scene and your injuries, the vehicle’s position and damage, nearby surveillance or doorbell video, the names and statements of witnesses, and complete medical records tying your injuries to the crash. Brooklyn has many fixed cameras at businesses and residences, and that footage is frequently overwritten within days — so prompt preservation can make the difference between a documented case and a disputed one.
Clothing, a damaged bicycle, and a helmet can also be meaningful physical evidence. Keep them, and avoid repairing or discarding anything connected to the crash until your lawyer advises otherwise.
Why Local Brooklyn Experience Matters
Brooklyn’s streets present specific hazards: multi-lane avenues like Atlantic and Flatbush, turning conflicts at busy intersections, and bike lanes that weave past parked cars and bus stops. A lawyer familiar with these conditions — and with the Kings County courts where many of these cases are litigated — can anticipate the defense arguments common to local collisions and gather the right proof. Redmond Law Firm, PLLC represents injured New Yorkers from its office at 206 Livingston St in Downtown Brooklyn, serving all five boroughs. You can learn more about our personal injury practice areas or contact our Brooklyn office for a free consultation.
Frequently Asked Questions
Do I need car insurance to get no-fault benefits if I was walking?
No. If you were a pedestrian or cyclist struck by a motor vehicle, you are generally covered by the no-fault benefits of the vehicle that hit you, regardless of whether you own a car. If you do own a car, your own no-fault coverage may apply in certain situations. A lawyer can help identify which policy pays.
How long do I have to file a no-fault application?
You generally must submit a written no-fault application to the insurer within 30 days of the accident, and medical bills typically within 45 days of treatment. These deadlines are strict, so act quickly to protect your right to have medical expenses paid.
What if the driver who hit me left the scene?
Hit-and-run cases may still be covered. New York drivers are required to stay and report crashes involving injury, and victims of uninsured or unidentified drivers may have access to coverage through the Motor Vehicle Accident Indemnification Corporation (MVAIC), subject to strict notice requirements. Report the crash to police immediately and consult a lawyer about MVAIC deadlines.
Can I still recover if I wasn’t in a crosswalk?
Possibly. New York uses pure comparative negligence, so being outside a crosswalk may reduce your recovery by your share of fault, but it does not automatically bar your claim. Drivers still have a duty to exercise due care to avoid hitting pedestrians.
How much does it cost to hire a pedestrian accident lawyer?
Redmond Law Firm, PLLC handles personal injury cases on a contingency basis — no fee unless we win. Consultations are free, and you pay no attorney’s fee unless we recover compensation for you.
This article is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney–client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.