Does New York no-fault insurance cover injured pedestrians?

Yes. Under Insurance Law §5103(b), a pedestrian injured by a motor vehicle in New York is entitled to no-fault (PIP) benefits from the insurer of the vehicle that struck them. This applies regardless of fault. No-fault pays your medical bills and 80% of lost wages (up to $2,000/month) up to the policy's PIP limit. If the striking vehicle is uninsured or unidentified (hit-and-run), you can claim no-fault benefits through your own auto policy (if you own a vehicle), a household member's auto policy, or MVAIC as a last resort. You must file the NF-2 Application within 30 days of the accident.

Do drivers have to yield to pedestrians in New York?

Yes. Under Vehicle & Traffic Law §1151, drivers must yield the right-of-way to pedestrians within a marked crosswalk or at an intersection when the pedestrian is on the driver's half of the roadway or approaching closely enough to be in danger. VTL §1146, amended in 2014, goes further — it requires drivers to exercise 'due care' to avoid colliding with any pedestrian or bicyclist, regardless of crosswalk markings. Failure to exercise due care that results in serious injury or death can be a traffic infraction or misdemeanor under VTL §1146(b) and (c). A driver's violation of these statutes is strong evidence of negligence in a civil lawsuit.

Can a pedestrian be found at fault for a car accident?

Yes. New York follows pure comparative negligence under CPLR §1411, so a pedestrian's recovery is reduced by their percentage of fault, but they are never completely barred from recovering even if primarily at fault. Factors that may contribute to pedestrian fault include jaywalking, crossing against a signal, being distracted (looking at a phone), walking in a roadway where a sidewalk is available, or being intoxicated. However, even if a pedestrian was jaywalking, the driver may still be negligent if they were speeding, distracted, or failed to exercise due care. New York courts have consistently held that drivers have a high duty of care toward pedestrians.

What is the serious injury threshold for pedestrian accident claims?

To sue a driver for pain and suffering after being struck as a pedestrian, you must meet the 'serious injury' threshold under Insurance Law §5102(d). Given the forces involved, pedestrian accidents frequently result in fractures, traumatic brain injuries, spinal injuries, and other injuries that clearly meet the threshold. Even where injuries are less obvious, a thorough medical record documenting significant or permanent limitations of function can satisfy the threshold. Pedestrians who die as a result of being struck by a vehicle clearly meet the threshold, allowing a wrongful death claim under EPTL §5-4.1 by the estate and surviving family.

What if I was hit by a car while crossing at a crosswalk?

Being struck in a crosswalk strongly supports your negligence claim against the driver. Under VTL §1151, a driver who fails to yield to a pedestrian in a marked crosswalk is in direct violation of the statute, which constitutes negligence per se — the driver's negligence is presumed once the statutory violation is established. You would still need to demonstrate that the statutory violation caused your injuries. Photograph the crosswalk markings, signal status, and road layout. If there is a traffic camera or nearby business camera, request that footage be preserved immediately.

How long do I have to file a lawsuit after being hit by a car as a pedestrian?

The statute of limitations for a personal injury lawsuit is three years from the date of the accident under CPLR §214. Wrongful death claims must be brought within two years of the date of death under EPTL §5-4.1. If a government entity is involved — for example, a municipal bus driver, a government vehicle, or a negligently maintained crosswalk or sidewalk — you must file a Notice of Claim against the municipality within 90 days of the accident or injury. Missing the 90-day Notice of Claim deadline will bar any claim against the government entirely, even if the three-year statute of limitations has not yet expired.

LEGAL DISCLAIMER: This guide is for general informational purposes only and does not constitute legal advice. Every situation is different — the information here may not apply to your specific circumstances. Reading this guide does not create an attorney-client relationship. For advice about your individual situation, consult a licensed attorney.

Pedestrian Accident Rights in New York: What Injured Walkers Need to Know

Last updated March 21, 2026

Legal Disclaimer: This guide is for general informational purposes only and does not constitute legal advice. Every situation is different — the information here may not apply to your specific circumstances. Reading this guide does not create an attorney-client relationship. For advice about your individual situation, consult a licensed attorney.

Pedestrian Accident Rights in New York: What Injured Walkers Need to Know

Pedestrians are among the most vulnerable road users. When a vehicle strikes a person on foot, the injuries are often catastrophic: broken bones, traumatic brain injuries, spinal damage, and fatalities. Long Island’s mix of busy commercial corridors, wide arterial roads, and suburban intersections with inconsistent crosswalk coverage creates real risks for pedestrians.

New York law provides strong protections for pedestrians — both in terms of the duties it places on drivers and the insurance benefits available to injured walkers. This guide explains what you are entitled to and what steps to take after being struck by a vehicle.

The Duty Drivers Owe to Pedestrians

New York law imposes significant duties on drivers to protect pedestrians.

VTL §1151 — Crosswalk Right-of-Way

Under Vehicle & Traffic Law §1151, drivers must:

Yield the right-of-way to pedestrians lawfully within a marked crosswalk or an unmarked crosswalk at an intersection.
Exercise due care, slow down, and, if necessary, stop when pedestrians are crossing.
Not pass a vehicle that has stopped at a crosswalk for a pedestrian.

VTL §1146 — Due Care for Pedestrians and Bicyclists

Vehicle & Traffic Law §1146, significantly strengthened by the “Hayley and Diego Act” in 2014, imposes a broader duty on all drivers: they must exercise due care to avoid colliding with any pedestrian or bicyclist on the roadway, regardless of whether a crosswalk is involved.

Under §1146(b), a driver who causes serious physical injury to a pedestrian or bicyclist by failing to exercise due care commits a traffic infraction (Class B misdemeanor for serious injury, Class A misdemeanor for death under §1146(c)).

In civil litigation, a driver’s violation of §1151 or §1146 is negligence per se — meaning the violation itself establishes the breach of duty, and the plaintiff only needs to show causation and damages.

VTL §1152 — Pedestrians on Sidewalks

Drivers entering or crossing a sidewalk must yield to all pedestrians on the sidewalk. A driver who mounts a curb and strikes a pedestrian on the sidewalk is in clear violation of this provision.

No-Fault Benefits for Pedestrians

Insurance Law §5103(b) provides that pedestrians injured by motor vehicles in New York are entitled to no-fault (PIP) benefits. Unlike drivers, who claim no-fault from their own insurer, pedestrians claim benefits from the insurer of the vehicle that struck them.

No-fault covers:

All reasonable and necessary medical expenses
80% of lost wages up to $2,000/month for up to three years
Other accident-related expenses up to $25/day

If the striking vehicle is uninsured, your own auto policy’s no-fault coverage (or a household member’s policy) is the next source of coverage. If neither is available, MVAIC (Motor Vehicle Accident Indemnification Corporation) provides no-fault benefits as a last resort.

Filing deadline: Submit the NF-2 Application for No-Fault Benefits to the vehicle’s insurer within 30 days of the accident. Missing this deadline can result in denial of your entire no-fault claim.

Pursuing a Tort Claim for Pain and Suffering

No-fault covers your economic losses, but to recover for pain and suffering, you must bring a tort claim against the driver and show your injuries meet the serious injury threshold under Insurance Law §5102(d).

Pedestrians are frequently seriously injured in vehicle strikes, so the threshold is commonly met. Qualifying injuries include:

Fractures (any bone fracture)
Significant disfigurement
Traumatic brain injury (TBI)
Permanent loss of use of a body part or function
Significant limitation of use of a body function
Injuries that prevent normal activities for 90 of the first 180 days post-accident
Death

Even where injuries appear primarily soft tissue (contusions, whiplash), consistent medical documentation of functional limitations can support a threshold argument.

Comparative Fault in Pedestrian Cases

New York’s pure comparative negligence rule (CPLR §1411) means a pedestrian who shares fault can still recover — reduced by their percentage of fault. Common factors insurers raise to assign fault to pedestrians:

Jaywalking (crossing outside a crosswalk or against a signal, VTL §1152)
Distracted walking (looking at a phone)
Crossing against a traffic signal (VTL §1112)
Intoxication
Wearing dark clothing at night
Entering the roadway suddenly from between parked cars

However, a driver’s duty of due care under VTL §1146 applies even to jaywalking pedestrians. Courts have repeatedly held that a driver who was speeding, distracted, or otherwise inattentive cannot avoid liability simply by pointing to a pedestrian’s jaywalking.

When Government Entities May Be Liable

Sometimes the real cause of a pedestrian accident is not solely driver negligence but also a dangerous road condition — a missing crosswalk, a broken traffic signal, an overgrown sight-line obstruction, or an inadequate pedestrian island. In those cases, the municipality responsible for maintaining the road may share liability.

Critical rule: To sue a New York government entity — state, county, city, town, or village — you must file a Notice of Claim within 90 days of the accident (General Municipal Law §50-e). This deadline is strict. Courts will occasionally grant extensions for infants (children under 18) and in cases of mental or physical incapacity, but do not count on it.

After filing the Notice of Claim, the municipality has the right to conduct a 50-h hearing (a pre-litigation examination) before you proceed to lawsuit.

Common municipal liability scenarios on Long Island:

Broken or missing crosswalk markings on Nassau County roads
Non-functional pedestrian signals on state routes
Overgrown vegetation blocking sight lines at intersections maintained by a town
Defective sidewalks maintained by a municipality (distinct from property owner liability)

Nassau and Suffolk County: Pedestrian Hotspots

Long Island has some of the most dangerous pedestrian corridors in New York State. According to NYSDOT data, the following types of locations see disproportionate pedestrian strikes:

Hempstead Turnpike (Route 24) through Nassau County: a wide, fast-moving arterial road with numerous at-grade crossings.
Sunrise Highway (Route 27): designed for high-speed travel through commercial corridors with frequent pedestrian destinations.
Route 110 through Farmingdale and Amityville: heavy truck and commercial traffic mixing with pedestrians.
Montauk Highway through the South Shore: long stretches between crosswalks, especially in less-developed areas.
Downtown areas: Hempstead village, Freeport, Bay Shore, and Patchogue have dense pedestrian activity on roads not designed as urban pedestrian environments.

Qualified personal injury attorneys who handle pedestrian cases in these areas know the intersection histories, municipal maintenance records, and traffic engineering patterns that can support a claim.

Wrongful Death in Pedestrian Accident Cases

When a pedestrian dies as a result of being struck by a vehicle, their estate and qualifying family members may pursue a wrongful death action under EPTL §5-4.1. The lawsuit must be filed within two years of the date of death, and must be brought by the personal representative (executor or administrator) of the estate.

Recoverable wrongful death damages include:

Medical expenses incurred before death
Funeral and burial expenses
Lost earnings the decedent would have earned during their life expectancy
Loss of services to the family
Conscious pain and suffering experienced before death (a separate “survival action” claim)

New York’s wrongful death statute does not compensate surviving family members for their grief, emotional suffering, or loss of companionship — this is a significant limitation compared to many other states. Legislative reform has been proposed but not enacted as of the date of this guide.

Deadlines Summary

Action	Deadline
No-fault NF-2 application (to striking vehicle’s insurer)	30 days from accident
MVAIC Notice of Intention	180 days from accident
Notice of Claim (government entity)	90 days from accident
Personal injury lawsuit	3 years from accident (CPLR §214)
Wrongful death lawsuit	2 years from death (EPTL §5-4.1)

A Note on Legal Representation

Pedestrian accident claims are high-stakes: severe injuries, multiple potential defendants including drivers, vehicle owners, and municipalities, and short-deadline requirements for government claims. Acting quickly preserves evidence and keeps all legal options open.

This guide is for informational purposes only and does not constitute legal advice. Laws change; consult an attorney for advice specific to your situation.

Frequently Asked Questions

Does New York no-fault insurance cover injured pedestrians?: Yes. Under Insurance Law §5103(b), a pedestrian injured by a motor vehicle in New York is entitled to no-fault (PIP) benefits from the insurer of the vehicle that struck them. This applies regardless of fault. No-fault pays your medical bills and 80% of lost wages (up to $2,000/month) up to the policy's PIP limit. If the striking vehicle is uninsured or unidentified (hit-and-run), you can claim no-fault benefits through your own auto policy (if you own a vehicle), a household member's auto policy, or MVAIC as a last resort. You must file the NF-2 Application within 30 days of the accident.
Do drivers have to yield to pedestrians in New York?: Yes. Under Vehicle & Traffic Law §1151, drivers must yield the right-of-way to pedestrians within a marked crosswalk or at an intersection when the pedestrian is on the driver's half of the roadway or approaching closely enough to be in danger. VTL §1146, amended in 2014, goes further — it requires drivers to exercise 'due care' to avoid colliding with any pedestrian or bicyclist, regardless of crosswalk markings. Failure to exercise due care that results in serious injury or death can be a traffic infraction or misdemeanor under VTL §1146(b) and (c). A driver's violation of these statutes is strong evidence of negligence in a civil lawsuit.
Can a pedestrian be found at fault for a car accident?: Yes. New York follows pure comparative negligence under CPLR §1411, so a pedestrian's recovery is reduced by their percentage of fault, but they are never completely barred from recovering even if primarily at fault. Factors that may contribute to pedestrian fault include jaywalking, crossing against a signal, being distracted (looking at a phone), walking in a roadway where a sidewalk is available, or being intoxicated. However, even if a pedestrian was jaywalking, the driver may still be negligent if they were speeding, distracted, or failed to exercise due care. New York courts have consistently held that drivers have a high duty of care toward pedestrians.
What is the serious injury threshold for pedestrian accident claims?: To sue a driver for pain and suffering after being struck as a pedestrian, you must meet the 'serious injury' threshold under Insurance Law §5102(d). Given the forces involved, pedestrian accidents frequently result in fractures, traumatic brain injuries, spinal injuries, and other injuries that clearly meet the threshold. Even where injuries are less obvious, a thorough medical record documenting significant or permanent limitations of function can satisfy the threshold. Pedestrians who die as a result of being struck by a vehicle clearly meet the threshold, allowing a wrongful death claim under EPTL §5-4.1 by the estate and surviving family.
What if I was hit by a car while crossing at a crosswalk?: Being struck in a crosswalk strongly supports your negligence claim against the driver. Under VTL §1151, a driver who fails to yield to a pedestrian in a marked crosswalk is in direct violation of the statute, which constitutes negligence per se — the driver's negligence is presumed once the statutory violation is established. You would still need to demonstrate that the statutory violation caused your injuries. Photograph the crosswalk markings, signal status, and road layout. If there is a traffic camera or nearby business camera, request that footage be preserved immediately.
How long do I have to file a lawsuit after being hit by a car as a pedestrian?: The statute of limitations for a personal injury lawsuit is three years from the date of the accident under CPLR §214. Wrongful death claims must be brought within two years of the date of death under EPTL §5-4.1. If a government entity is involved — for example, a municipal bus driver, a government vehicle, or a negligently maintained crosswalk or sidewalk — you must file a Notice of Claim against the municipality within 90 days of the accident or injury. Missing the 90-day Notice of Claim deadline will bar any claim against the government entirely, even if the three-year statute of limitations has not yet expired.

Last updated March 21, 2026 · Information is reviewed quarterly for accuracy.