Everclad Law Group represents people struck by cars while walking in crosswalks, sidewalks, parking lots, and intersections across Nassau County, Long Island, and New York City. Under Insurance Law §5103(a), the at-fault driver’s No-Fault PIP covers your medical bills — even if you don’t own a car. Harvard and DA-trained attorneys with 10+ years recovering millions. Prior results do not guarantee a similar outcome. The call is free. The fee is contingent on winning.
A New York pedestrian accident claim is a personal injury action against the driver who struck you while you were walking — and unlike many states, you are covered by the at-fault vehicle’s No-Fault PIP even if you have no car of your own. Under Insurance Law §5103(a), the at-fault driver’s policy pays up to $50,000 in PIP for medical bills and 80% of lost wages, regardless of fault.
To sue the driver for pain and suffering, the injury must meet New York’s serious injury threshold under Insurance Law §5102(d). Drivers owe pedestrians a duty of due care under VTL §1146, and must yield in crosswalks under VTL §1151. NYC adds Vision Zero protections under Administrative Code §19-190, which criminalizes failure to yield when serious injury results. The general statute of limitations is 3 years (CPLR §214); Notice of Claim against any municipal entity is 90 days (GML §50-e). For hit-and-run drivers, the MVAIC state fund provides recovery. Everclad Law Group represents pedestrian accident clients across Nassau County, Long Island, and NYC on contingency, with no upfront cost.
Pedestrian cases are won and lost on surveillance footage, witness contacts, and the first 48 hours after the collision. Here is how we approach the cases we see most.
The textbook pedestrian case. VTL §1151 requires drivers to yield to pedestrians in crosswalks; NYC’s Vision Zero law (Admin Code §19-190) criminalizes failure-to-yield. These cases often turn on traffic-cam, light-cycle data, building surveillance, and witness statements — evidence with short retention windows.
Recovery may come through the MVAIC state fund — MVAIC paperwork must be submitted within 90 days — plus the pedestrian’s own UM coverage if applicable. Identifying and preserving available surveillance footage is often time-sensitive in these cases.
Speed limits in school zones (VTL §1180), school-bus stopping laws (VTL §1174), and crossing-guard supervision standards all factor in. NYC DOE and bus-contractor claims require Notice of Claim within 90 days.
Backing-up, reversing without looking, parking-lot speed limits ignored. VTL §1211 requires drivers to back up only when safe. These cases also raise premises-liability claims against the lot owner for inadequate lighting or sight-line obstruction.
Cell-phone use and intoxication are factors that often shape damages exposure in pedestrian cases under VTL §1146.
E-bikes and stand-up scooters are vehicles under VTL §125 as of 2020. MTA buses are owned by a public benefit corporation — strict Notice of Claim within 90 days applies, plus a one-year-and-90-day window to sue.
A partner of the firm leads every case, supported by the firm’s resources at each stage so nothing slips between calls.
A licensed New York attorney reviews your case, by phone, video, or at your home or hospital bed. Always confidential.
Personal injury cases often depend on evidence with short retention windows — scene photographs, dashcam, surveillance video, medical records, 911 audio, and timely No-Fault filings. Early review identifies what is available and what each case requires.
Each matter is prepared with the possibility of trial in mind — depositions, expert work, motion practice. Settlement leverage flows from preparation, not from posture.
Where a recovery is obtained, lien negotiation and medical accounting are part of the settlement process before any net distribution to the client.
Credentials, focus, and a boutique structure built so injured New Yorkers never face an insurance company alone. Prior results do not guarantee a similar outcome.
Two partners lead every matter the firm takes on. You get direct access to the attorney guiding your case, with the team’s resources behind them.
Founding Partner
A courtroom-first lawyer trained at the Kings County District Attorney’s Office, where he tried cases in front of New York juries. Yoni built Everclad around the principle that case value is driven by trial preparation, and that insurers calibrate offers to the credibility of that preparation.
Partner
Harvard Law School. Over a decade of complex litigation. Joe leads the firm’s complex-litigation work and builds case files prepared for trial from the outset.
A small sampling of the reviews that have made Everclad one of the highest-rated personal injury firms on Long Island.
Unbelievable experience! I thought the process would be draining but they handled it in the most efficient way possible!
I started my case with them and it has been the best decision I have made. I definitely recommend them. It is the best law firm. I am infinitely grateful for their hard work, dedication, responsibility, professionalism, and good assistance.
Amazing law firm! I highly recommend.
The questions we hear most often from people struck by cars while walking in NYC and Long Island crosswalks — answered by attorneys who handle these cases every day.
See all 45 FAQs →Yes. Under Insurance Law §5103(a), a pedestrian struck by an insured motor vehicle is covered by the at-fault vehicle’s No-Fault PIP — even if the pedestrian has no auto policy of their own. PIP pays up to $50,000 in medical bills and lost wages regardless of fault. To sue the driver for pain and suffering, the injury must meet the serious injury threshold under §5102(d). If the driver fled the scene, the MVAIC state fund provides recovery.
VTL §1151 requires every driver to yield the right of way to a pedestrian crossing within a crosswalk when the pedestrian is on the half of the roadway the vehicle is on (or close enough from the opposite half to be in danger). VTL §1146 requires drivers to exercise due care for all pedestrians. NYC adds Vision Zero protections under Admin Code §19-190, which criminalizes failure to yield when serious injury results.
(1) Call 911 — request both police and EMS. Do not refuse medical attention.
(2) Get the driver’s name, license, registration, and insurance.
(3) Photograph the vehicle, license plate, scene, and visible injuries.
(4) Collect witness names and phone numbers.
(5) Look for surveillance cameras on nearby buildings and traffic signals.
(6) Submit your No-Fault application (NF-2) to the at-fault driver’s insurer within 30 days, even if you have no auto policy of your own.
(7) Do not give a recorded statement to the driver’s insurer before consulting an attorney.
Under CPLR §214, the general statute of limitations is 3 years. Claims against a municipal entity (NYC, MTA, NY State, NYC DOT, school district) require a Notice of Claim within 90 days under GML §50-e and a lawsuit within one year and 90 days. Fatal-collision wrongful-death claims run on a separate 2-year limitation under EPTL §5-4.1.
Pedestrians struck by an unidentified or fleeing driver recover through the Motor Vehicle Accident Indemnification Corporation (MVAIC), a state fund. MVAIC paperwork must be submitted within 90 days. If the pedestrian has an auto policy with Uninsured Motorist (UM) coverage, that coverage also applies. We pursue both tracks in parallel.
You can still recover. New York follows pure comparative negligence under CPLR §1411 — you may recover even if you were 99% at fault, with your award reduced by your percentage. VTL §1152 requires pedestrians outside crosswalks to yield to vehicles, but the driver still owes a duty of due care under VTL §1146. Most outside-crosswalk cases settle on shared liability, not full bar.
Children under age 4 are conclusively presumed incapable of comparative negligence in New York. Children between 4 and the age of capacity are judged against a “reasonable child of like age, intelligence, and experience” standard. The statute of limitations is also tolled until the child’s 18th birthday under CPLR §208, giving children far more time to sue — but Notice of Claim against any municipal defendant is still 90 days.
Not before consulting an attorney. Adjusters are trained to ask leading questions about whether you were “distracted,” “jaywalking,” or “using a phone” — designed to lock in a comparative-fault narrative. You are generally not legally required to provide a recorded statement to the driver’s insurer. Let your lawyer handle every communication.
Walk-ins welcome by appointment. Home and hospital visits available throughout Nassau, Queens, Brooklyn, Manhattan, and the Bronx.
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