Pedestrian accidents are among the most devastating personal injury cases our attorneys at Rosenberg & Gluck handle. The lack of a protective barrier or gear means your body absorbs the full impact of the collision.
Even low-speed collisions can leave you with serious injuries, costly medical bills, missed work, and financial strain. On top of all that, an insurance company is pushing you to settle before you’ve had a chance to consult a lawyer and find out what your injuries will cost.
The Long Island pedestrian accident lawyers at Rosenberg & Gluck LLP represent people who were struck by vehicles across Nassau County, Suffolk County, and New York City. We handle the insurance adjusters, build an evidence-backed claim, and fight for your maximum recovery.
Your consultation is free, and you pay no fee unless we recover compensation for you. Call (631) 250-4072 or contact us online today.
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Contact a Long Island Pedestrian Accident Lawyer today!
Rosenberg and Gluck are an awesome law firm who takes the time to listen and advise how the process works and places your trust in their knowledge and experience in them as they guide you through the claim process. They fight for the highest settlement without surrendering to the other sides demands.
Michael Brandt
Why Do I Need a Long Island Pedestrian Accident Lawyer?
Pedestrian accident claims benefit from the help of an attorney because the injuries are often severe, the insurance process is more complicated than most people expect, and the driver’s insurer will aggressively try to shift blame onto you for being in the road.
Extensive research shows that injured people who work with a lawyer typically recover much more compensation than they could on their own. According to a study published by Forbes, 91% of injury victims with a lawyer received a payout, compared to just 51% without one. Even after fees, represented claimants took home nearly three times more compensation.
Our Long Island pedestrian accident attorneys handle the specific challenges these cases present:
- Drivers and insurers blame pedestrians first. We gather available camera footage, witness statements, and accident reconstruction evidence to prove the driver — not you — caused the crash.
- Pedestrian injuries are often catastrophic. There is no steel frame protecting you. We document the full scope of your injuries and calculate both immediate and lifelong costs.
- No-fault insurance for pedestrians is confusing. We file your PIP claim, track every deadline, and make sure you receive the medical coverage you are entitled to while we build the liability case.
- Government claims have a 90-day deadline. If a dangerous crosswalk, missing signal, or poorly maintained sidewalk contributed to your accident, we file the Notice of Claim before time runs out.
Who Is Liable When a Pedestrian Is Hit by a Car on Long Island?
The negligent driver who struck you is the most obvious defendant, but multiple parties may share responsibility, and identifying all of them increases the insurance coverage available for your recovery.
- The driver: for speeding, running a red light, failing to yield at a crosswalk, texting, or making an unsafe turn. New York’s Vehicle and Traffic Law Section 1151 requires drivers to yield to pedestrians in marked and unmarked crosswalks.
- A property owner: if poor lighting, an obstructed sidewalk, or a hazardous parking lot condition contributed to the crash
- A municipality or government agency: for dangerous intersections, broken traffic signals, faded crosswalk markings, or missing pedestrian infrastructure. Claims against government entities require a Notice of Claim within 90 days.
- A commercial vehicle operator or employer: if a delivery truck, rideshare vehicle, or company car struck you, the employer may be liable in addition to the driver
New York’s comparative negligence rule allows you to recover damages even if you share some fault, so long as you were less than 51% responsible. If a court assigns you 20% responsibility for crossing outside the crosswalk, for example, you still collect 80% of your award.
Insurance companies use this rule aggressively in pedestrian cases, arguing you jaywalked, wore dark clothing, or were distracted by your phone. Our pedestrian accident attorneys anticipate these tactics and build the evidence to counter them.
How Does No-Fault Insurance Work for Pedestrians in New York?
If you were hit by a car while walking on Long Island, you are covered by the driver’s no-fault insurance, even if you do not own a vehicle yourself. This is one of the most misunderstood parts of New York’s insurance system.
The driver’s Personal Injury Protection (PIP) policy pays up to $50,000 for your medical expenses, a portion of lost wages, and other basic economic losses. You must file an NF-2 application within 30 days of the accident to receive these benefits.
| What PIP Covers | What PIP Does Not Cover |
|---|---|
| Emergency room visits and hospitalization | Pain and suffering |
| Surgery and follow-up care | Emotional distress |
| Rehabilitation and physical therapy | Loss of enjoyment of life |
| 80% of lost wages (capped at $2,000/month) | Scarring or disfigurement |
| Prescription medications | Reduced earning capacity |
PIP benefits are critical because they pay your medical bills while your liability case is pending. But $50,000 runs out fast after a serious pedestrian accident — especially when trauma care at hospitals like Stony Brook University Hospital or NYU Langone Hospital–Long Island is involved.
Our attorneys file your NF-2 on time, track your PIP coverage, and build a separate liability claim that allows you to recover pain and suffering and other damages beyond what PIP covers.
Were you hit by a car while walking on Long Island? Call (631) 250-4072 for a free case review.
What Compensation Can You Recover After a Pedestrian Accident on Long Island?
To pursue damages beyond PIP, your injuries must meet the serious injury threshold defined by New York Insurance Law Section 5102(d). Many pedestrian accident injuries qualify because the force of a vehicle striking an unprotected person often results in fractures, head trauma, or permanent impairment.
Economic Damages
- Medical bills: emergency care, surgery, rehabilitation, and future treatment
- Lost wages and reduced earning capacity
- Out-of-pocket costs, including medical transport and home care
Non-Economic Damages
- Physical pain and long-term discomfort
- Emotional distress and anxiety
- Loss of enjoyment of daily activities
- Scarring or permanent disfigurement
Our attorneys calculate the full value of your pedestrian accident claim, including future medical costs, lifetime earning losses, and the long-term impact of your injuries, so the insurance company cannot close your case for less than it is worth.
What Causes Most Pedestrian Accidents on Long Island?
The National Highway Traffic Safety Administration (NHTSA) reports that pedestrian fatalities have reached their highest levels in decades. On Long Island, our pedestrian accident lawyers see these causes most frequently:
Drivers failing to yield at crosswalks: intersections along Hempstead Turnpike, Route 25A through Port Jefferson, and Deer Park Avenue are consistently dangerous for pedestrians
Distracted driving: texting, phone calls, and GPS use cause drivers to miss pedestrians stepping into crosswalks, especially in commercial areas like Farmingdale’s Fulton Street corridor
Left-turn crashes: drivers making left turns focus on oncoming traffic and fail to see pedestrians already in the crosswalk
Speeding in school zones and residential areas: neighborhoods near Huntington Village, Patchogue, and Long Beach see pedestrian crashes where speed made injuries far worse than they should have been
Backing accidents in parking lots: shopping centers across Nassau and Suffolk Counties are common sites for pedestrian knockdown injuries involving SUVs and trucks with large blind spots
Each of these causes establishes driver negligence, and our attorneys can use available camera footage, accident reconstruction analysis, and police reports to prove it.
Ask Rosenberg & Gluck About Your Long Island Pedestrian Accident Claim
Q: Can I sue if I was hit while crossing outside the crosswalk on Long Island?
A: Yes, even if you were jaywalking, the driver still had a legal duty to exercise due care and avoid hitting you. New York’s comparative negligence rule reduces your award by your share of fault.
Q: Who pays my medical bills after a pedestrian accident?
A: The driver’s no-fault PIP insurance covers your initial medical expenses up to $50,000 — even if you do not own a car. You must file the NF-2 application within 30 days. Our attorneys handle that filing and any disputes that follow.
Q: What if the driver who hit me fled the scene?
A: You can still recover compensation. If you have auto insurance with UM coverage, your own policy may apply. If you do not own a vehicle, the MVAIC may provide coverage.
Our hit-and-run pedestrian accident lawyers on Long Island pursue every available source.
Q: How much is a pedestrian accident settlement worth on Long Island?
A: Every case depends on injury severity, recovery timeline, lost income, and long-term medical needs. Our attorneys evaluate every factor to pursue maximum recovery — and we do not accept lowball offers.
Why Choose Rosenberg & Gluck LLP for Your Pedestrian Accident Case?
Our Firm Has Focused Exclusively on Personal Injury Law for Decades
Ted Rosenberg and Michael Gluck founded this firm to do one thing: represent injured people on Long Island. More than four decades later, that mission has not changed.
Our attorneys handle complex injury and motor vehicle cases across Nassau and Suffolk Counties — and nothing else.
Results That Show Tenacity, Aggressive Representation, and Skill
We have a solid record of securing recoveries that Long Island injury victims need to make the best recovery possible.
Our Clients’ Words
Results show the mathematical outcome, but the comments our clients leave us show the human side of the process. They are the true measure of our success.
“The amount I could get for my case was limited due to New York’s no-fault laws, yet this firm was able to obtain the maximum amount possible for me. They could have easily written my case off, but they went the extra mile. They are extremely professional, and Mr. Rosenberg met with me personally to finalize the settlement. I am glad I chose this firm.” — Craig S.
Professional Distinctions That Reflect Real Performance
- Martindale-Hubbell AV Peer Review Rated: confidential evaluations from attorneys and judges who have observed our work firsthand
- Super Lawyers: limited to 5% of attorneys in the state through a multi-phase selection process
- Million Dollar and Multi-Million Dollar Advocates Forums: fewer than 1% of attorneys qualify
- National Trial Lawyers Top 100: selected based on courtroom results and trial record
We Support the Long Island Community We Serve
Our firm supports numerous local organizations, including Island Harvest, the Breast Cancer Research Foundation, and the Guide Dog Foundation for the Blind— organizations that serve Long Island families directly.
No Win, No Fee Guarantee
We advance all litigation costs and handle every pedestrian accident case on a contingency fee basis. You pay nothing up front or out of pocket unless we win your case.
We find the relief that injured pedestrians need. Call us now at (631) 250-4072 for a free case review.
Holtsville · 1176 Portion Rd | Garden City · 1225 Franklin Ave #325-C | Patchogue · 57 E Main St | Riverhead · 20 W Main St Suite 302
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Frequently Asked Questions About Pedestrian Accidents on Long Island
What should I do if I’m hit by a car while walking?
If you get hit by a car while walking, call 911 and get medical care right away, even if you think your injuries are only minor. If you can, get the driver’s name, license plate, and insurance, and take photos of the scene, the car, and your injuries. Ask witnesses for their contact information. In New York, you must file a no-fault application within 30 days to get your medical bills paid. It is important to know that the no-fault coverage for the vehicle that struck you will cover your medical treatment. Do not agree to any settlement before you speak with a pedestrian accident lawyer.
What should I do after a pedestrian accident?
After a pedestrian accident, focus on your health and on protecting your claim. Get treated, report the crash to the police, keep copies of your medical records and bills, and speak to an attorney right away so they can work on preserving any evidence in your case. File your no-fault application with the insurance for the striking vehicle within 30 days, and keep track of missed work. Avoid giving a recorded statement to the driver’s insurance adjusters until you have legal advice.
What is the average settlement for a pedestrian hit by a car?
There is no reliable average settlement for a pedestrian hit by a car, because the injuries range from bruises to traumatic brain injury and spinal damage to fatalities. Pedestrian cases can result in sigificant recoveries because pedestrians have no protection and their injuries tend to be serious. The key factors are your medical care and costs, lost income, future care, pain and suffering, fault, and the driver’s insurance limits.
How much should I settle for after getting hit by a car?
You should not settle until you know the full extent of your injuries and your future medical needs. A fair amount should cover your medical bills, lost wages, future care, and pain and suffering, minus anything no-fault already paid. Early offers from insurance companies are often far below what a case is worth. A pedestrian accident lawyer can calculate your losses and negotiate for you. There is no risk in retaining an attorney as you pay no legal fee unless you win.
How long does it take to settle a pedestrian accident claim?
Most pedestrian accident claims settle within several months to two years. Simple claims with clear fault can resolve sooner, while cases with serious injuries or disputes over fault can take longer, especially if a lawsuit is filed. Settling too early can leave you without money for future care, so it often makes sense to wait until your doctors understand your long-term prognosis.
Can I still recover compensation if I was jaywalking?
Yes, you can usually still recover compensation if you were jaywalking. New York uses a modified comparative negligence standard which allows you to recover so long as you were not more than 50% responsible for the accident; your award would simply be reduced by your share of the blame, but it is not wiped out. Drivers must still watch for pedestrians and use due care, even when someone is crossing outside a crosswalk. Evidence such as speed, lighting, and driver distraction often shifts much of the fault to the driver.
What are my rights as a pedestrian hit by a car?
As a pedestrian hit by a car in New York, you have the right to no-fault benefits for your medical bills and lost wages, even if you do not own a car. No-Fault coverage is provided by the striking vehicle. You can also sue the driver for economic losses above no-fault, and for pain and suffering if your injuries meet the serious injury threshold. You have the right to refuse adverse recorded statements and to have a lawyer represent you against the insurance companies.
Can a pedestrian sue if hit by a car?
Yes, a pedestrian can file a lawsuit against the driver who hit them if the driver was careless. To recover pain and suffering, the injury must meet New York’s serious injury threshold. Common examples of carelessness include speeding, failing to yield in a crosswalk, distracted driving, and drunk driving. Even before fault is determined, no-fault insurance pays your medical bills and part of your lost wages. You generally have three years to file the lawsuit, although cases against a municipality, municipal employee or municipal entity have much shorter time frames. It is best to consult with a lawyer immediately following an accident to secure your rights. Our consultations are always free.
My child was hit by a car. Can I sue?
Yes. If your son or daughter was hit by a car, you can bring a claim on your child’s behalf, and you may also have your own claim for damages associated with your child’s injuries. Drivers are expected to take extra care around children. New York gives minors extra time to sue, but evidence fades fast, so it is best to act quickly. Additionally, it is important to know that any settlement for a child will likely need a court’s approval.
Who pays my medical bills when I’m hit by a car as a pedestrian?
In New York, no-fault insurance pays a pedestrian’s medical bills first. Usually it is the no-fault coverage on the car that hit you. If that vehicle has no coverage or left the scene without providing their insurance, you can utilize your own auto policy if you have one. If no other insurance is available, the Motor Vehicle Accident Indemnification Corporation (MVAIC) may cover you. Your health insurance can also help once no-fault is used up. You must file the no-fault application within 30 days. MVAIC also has very strict deadlines. It is critical to speak to an attorney right away to make sure your rights are preserved.
Does New York no-fault insurance cover pedestrians?
Yes. New York no-fault insurance covers pedestrians who are hit by a motor vehicle, even if they do not own a car or have auto insurance. It pays reasonable medical expenses, 80 percent of lost wages up to $2,000 a month, and some other costs, up to $50,000. Benefits usually come from the insurer of the vehicle that hit you. If that vehicle was uninsured, your own or a household member’s policy, or MVAIC, may apply.
What should I do if I was hit by a hit-and-run driver while walking?
If a hit-and-run driver hit you while you were walking, call 911, get medical care, and try to remember the car’s color, make, plate, and direction of travel. Ask witnesses and nearby businesses about video right away, because footage is often erased within days. You can still get no-fault benefits, and you may have a claim under your own or a household member’s uninsured motorist coverage, or through MVAIC. Report the crash to police within 24 hours and file claims quickly. If you are faced with this situation, an attorney’s assistance can prove critical.
How long do I have to file a pedestrian accident claim in New York?
In New York, you generally have three years from the date of the accident to file a pedestrian accident lawsuit. You must file a no-fault application within 30 days. If a government vehicle or a dangerous public road or sidewalk was involved, you usually must file a notice of claim within 90 days and sue within one year and 90 days. Missing a deadline can end your claim.
Do I need a lawyer if I was hit by a car as a pedestrian?
If you were only bruised and fully recovered, you may not need a lawyer. If you broke a bone, hit your head, needed surgery, underwent a period of continuing treatment or missed work, a lawyer can help you get no-fault benefits, prove the serious injury threshold, and recover full compensation. Insurance companies often blame pedestrians to lower payouts. Rosenberg & Gluck offers a free consultation and works on contingency. There is no risk in speaking with us to see how we can pursue a claim for you.
Who is liable in a pedestrian accident?
The driver is usually liable in a pedestrian accident, because drivers must yield to pedestrians in crosswalks and watch out for people on foot at all times. Other parties may share responsibility, such as an employer if the driver was working, a vehicle owner, or a town that left a dangerous road condition. If the pedestrian was also careless, New York’s comparative negligence rule reduces their recovery but does not bar it so long as the pedestrian was not more than 50% responsible for the accident.
Were You Hit by a Vehicle While Walking on Long Island?
If a driver struck you while you were walking anywhere on Long Island, our pedestrian accident attorneys are ready to review your claim at no cost. Providing compassionate support, guidance, exceptional legal advocacy, and positioning your case for the outcome you need are what we do. Start your case today. Call (631) 250-4072 or contact us online today.
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