Pedestrians struck by vehicles tend to suffer the most serious injuries on the road, and they are rarely at fault. New York also lets an injured pedestrian tap No-Fault benefits through the insurance of the vehicle that hit them — an important protection that surprises many people who assume being on foot leaves them with nothing.
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How New York law applies
- No-Fault follows you onto the street. A pedestrian struck by a vehicle can generally claim No-Fault benefits under that vehicle's policy for medical bills and lost earnings.
- Drivers owe pedestrians a duty. Failing to yield in a crosswalk, turning into a walker, and distracted driving are frequent and strong bases for liability.
- Serious injuries open a separate claim. Because pedestrian injuries are often severe, the serious-injury threshold for a pain-and-suffering claim is frequently met.
Who may be responsible
Liability often reaches beyond the obvious. Depending on the facts, responsible parties can include:
- The driver and vehicle owner
- An employer if the driver was working
- A city agency for a dangerous crossing or signal
- A bus or commercial operator (with special rules if public)
- A vehicle or parts manufacturer in a defect case
Deadlines that matter
Most New York injury lawsuits must be filed within three years of the crash. But if a city bus, the MTA, or another public entity was involved, a Notice of Claim is generally due within 90 days and suit within one year and 90 days. Evidence fades fast, so earlier is always stronger.
What to do now
- Get checked by a doctor right away, even if you feel “okay” — adrenaline hides injuries, and a gap in treatment is the first thing an insurer attacks.
- Open a No-Fault claim with your own auto insurer promptly; the application is generally due within 30 days of the crash.
- Photograph the vehicles, the street, traffic signals, and your injuries, and write down the police report number.
- Get names and numbers for every driver, passenger, and witness before anyone leaves.
- Keep a short daily note of pain, missed work, and out-of-pocket costs.
Mistakes to avoid
A good case can be undercut in the first days. Watch for these:
- Giving the other driver's insurer a recorded statement, or accepting a quick settlement, before you know what your claim is worth — early offers are usually low and final.
- Posting about the crash, your injuries, or your activities on social media.
- Letting treatment lapse; insurers read missed appointments as proof you weren't really hurt.
- Assuming you can't be helped because you have no health insurance — No-Fault may cover your bills.
What affects your case's value
No one can responsibly promise a number before reviewing your records. These are the factors that actually move it:
- Injury severity and permanence
- Whether you can identify the vehicle and its coverage
- Liability clarity (crosswalk, signal, distraction)
- Lost income and future care
- Available insurance limits
This is general information about how injury claims are evaluated — not a valuation or prediction of any outcome.
Frequently asked questions
I was on foot — can I really use No-Fault?
Yes. A pedestrian hit by a motor vehicle can typically claim No-Fault benefits through that vehicle's insurance, even though you weren't a driver or passenger.
The driver says I was jaywalking. Does that end it?
No. New York uses pure comparative fault, so even if you share some blame, you can still recover a reduced amount — and the driver's duty to avoid hitting you remains central.
A city bus hit me. Is that different?
Yes — claims against the MTA or city follow special rules, including a roughly 90-day Notice of Claim deadline. Act quickly.
What if the car drove off?
If the vehicle fled, Uninsured Motorist coverage and investigation may still provide a path. See our hit-and-run guide.