Pedestrian Accidents
Pedestrian Accident Lawyer NYC: Your Rights After Being Hit by a Car
Jonathan Fuzailov, Esq.
September 28, 2026 · 4 min read
New York drivers must yield to pedestrians — and even jaywalkers can recover. Here's how fault, no-fault, and crosswalk rules actually work.
Drivers owe you a duty to yield
New York Vehicle and Traffic Law requires drivers to yield to pedestrians in crosswalks and to exercise due care to avoid hitting pedestrians anywhere on the road. Failure to yield is strong evidence of negligence.
Jaywalking doesn't end your case
Crossing mid-block or against the light reduces your recovery under comparative fault — it doesn't eliminate it. Drivers still must watch for pedestrians, and a speeding or distracted driver who hits a jaywalker often shares most of the fault.
Whose insurance pays
The striking driver's no-fault coverage pays your medical bills and lost wages first. If the driver fled or was uninsured, your own household auto policy or MVAIC steps in. Serious injuries support a full liability claim against the driver.
These injuries are often severe
Pedestrians have no protection, so fractures, head injuries, and spinal injuries are common even at low speeds. Don't let a quick insurance call minimize what happened — get fully evaluated before discussing settlement.
Free case review
Hurt in a pedestrian accident in New York? Talk to a lawyer today.
Deadlines in New York can be as short as 90 days, and insurers start building their defense immediately. Get a free, no-obligation review of your case from Fuzailov Law — you pay nothing unless we win.
Request a free case review
Tell us what happened. We'll review your case and respond the same day — no fee unless we win.