Content reviewed by:
Alex Shulman
If you were hit while walking, you may be worried about medical bills, time off work, and getting answers. Our pedestrian accident lawyer in Greenburgh can explain your options under New York law and what steps you can take to protect your claim. We help injured pedestrians and families after crosswalk crashes, hit-and-runs, and fatal accidents in Greenburgh.
At Shulman & Hill, we handle No-Fault applications, liability claims against drivers, municipal claims when applicable, and uninsured motorist cases. Our lawyers can explain how these matters work in Greenburgh and nearby courts, and what compensation may be available.
With more than 200 years of combined legal experience, our attorneys know what it takes to stand up to insurance companies. To learn more, talk to a personal injury lawyer in Greenburgh today and schedule a free consultation.
What Counts As a Pedestrian Accident Under New York Law
A pedestrian crash includes any event where a person on foot is struck by a motor vehicle, e-bike, e-scooter, motorcycle, or commercial vehicle. Sidewalk, shoulder, driveway, parking lot, and crosswalk impacts all qualify. Children exiting school buses and walkers clipped by mirrors are treated as pedestrian cases.
Drivers owe pedestrians a duty to use reasonable care, keep a proper lookout, and obey traffic signals and speed limits. New York’s Vehicle and Traffic Law gives pedestrians the right of way in marked crosswalks with a WALK signal and in many unmarked crosswalk situations when conditions permit safe passage.
New York’s No-Fault system covers pedestrians struck by covered vehicles, but a lawsuit for pain and suffering requires a “serious injury” as defined by Insurance Law § 5102(d). Categories include significant disfigurement, fracture, loss of a fetus, permanent loss or limitation of a body function, or a 90/180-day impairment, among others.
Filing Deadlines and Legal Options in Greenburgh
Most injury claims against private parties carry a three-year statute of limitations from the crash date. Wrongful death claims are typically two years from the date of death. Claims involving a town, village, or other public entity require a Notice of Claim within 90 days, with shorter timeframes to file suit under the General Municipal Law.
Pedestrians must often file a No-Fault application (NF-2) within 30 days to access medical and wage benefits. If the striking vehicle was uninsured or fled the scene, the Motor Vehicle Accident Indemnification Corporation (MVAIC) may be a path, with strict notice rules.
Beyond No-Fault, you may bring a bodily injury claim against the at-fault driver and seek Supplementary Uninsured/Underinsured Motorist (SUM/UM) benefits under your own auto policy, if you have one. Claims may also involve commercial carriers, rideshare policies, or property owners if sightline obstructions or dangerous conditions contributed.
Damages You May Recover for a Serious Injury
When your injury meets New York’s serious-injury threshold, you may pursue damages beyond basic PIP benefits. Recoverable losses can include medical expenses not paid by No-Fault, lost wages and reduced earning capacity, and out-of-pocket costs such as transportation or home care.
You may also seek compensation for pain and suffering, loss of enjoyment of life, scarring, and disability. Future damages are available when supported by medical proof of ongoing limitations, projected treatment, or vocational impact.
Families pursuing a wrongful death case may claim funeral costs and other losses allowed by New York law. Punitive damages are rare and usually limited to cases with egregious misconduct, such as intoxicated driving at extreme speeds.
Evidence That Strengthens Your Claim
Strong claims start with early preservation of proof. Surveillance footage from stores, homes, and buses is often overwritten within days. Intersection cameras, dashcams, and nearby transit video can be important in showing the impact and traffic signal phases.
Our Greenburgh pedestrian accident attorneys look for skid marks, debris fields, vehicle damage patterns, and black-box data that can indicate speed and braking. Cell phone records, rideshare logs, and delivery route data may also help establish distraction or route deviations.
How We Build Your Case in Greenburgh
We start with a focused investigation: securing videos, photographing the scene, and interviewing witnesses while memories are fresh. We request 911 audio, obtain full police files, and send preservation letters to drivers, rideshare companies, and nearby businesses to hold important data.
Next, we document medical proof with treating providers and consult specialists in orthopedic surgery, neurology, and life care planning when needed. For disputed liability, we work with accident reconstruction professionals who analyze speed, sightlines, and stopping distances.
On damages, we collect wage records, job descriptions, and professional opinions on future limitations. We prepare settlement packages that present liability, medical findings, and financial losses in a clear format, and we litigate when an insurer refuses fair value.
Common Defenses and How We Respond
Insurers often argue comparative fault, claiming you crossed against the signal, darted into traffic, or wore dark clothing at night. New York’s pure comparative negligence law still allows recovery even if you share some blame, with any award reduced by your percentage of fault.
Drivers may assert a “sudden emergency,” like a pedestrian stepping from between parked cars, or claim they had a green light and a clear roadway. Our pedestrian accident lawyers in Greenburgh counter with videos, timing diagrams, and witness accounts to test those claims and show what a reasonably careful driver should have observed.
For municipal cases, agencies may raise prior written notice defenses for roadway defects or signage issues. We look for exceptions, including affirmative negligence or special use, and we track maintenance records, prior complaints, and recent construction that may shift responsibility.
Speak With Our Greenburgh Pedestrian Accident Lawyers Today
You do not have to manage insurer calls, deadlines, and medical paperwork on your own. Our team is ready to evaluate your case, explain your options, and move quickly to protect important evidence.
If you were struck in a crosswalk, on a shoulder, or in a parking lot, reach out for a free case review. We can discuss No-Fault benefits, liability claims, and the path to full compensation.
Contact us today to get started. We are ready to help you pursue the recovery you may be entitled to under New York law.