If you were hit by a car while crossing the street in New York, you likely have many questions: “Can I sue the driver? What are my rights? What must I prove?” The answer is: yes, in many cases you can pursue a claim — but it’s not automatic, and the path depends on the facts of your accident, your injuries, and certain legal thresholds. At Roth & Khalife LLP, we help pedestrians in New York City assert their rights. Below are key questions and answers to help guide you.
Does being hit by a car while crossing the street automatically mean you can sue?
Being struck by a vehicle is a serious event — and yes, in New York you may be able to sue the driver whose negligence caused your injury. But there are important factors: under New York’s no‑fault insurance system, medical bills and lost wages may be payable through the driver’s insurance. To sue for additional damages, your injuries must meet the statutory ‘serious injury’ threshold under New York law.
What counts as a “serious injury” in New York that allows you to file a lawsuit?
Under New York’s insurance laws, you cannot move beyond no‑fault to a lawsuit unless your injuries meet the ‘serious injury’ threshold. Categories include: death, dismemberment, significant disfigurement, fracture, loss of fetus, permanent loss of use of a body organ, or a significant limitation of use of a body function or system lasting 90 days or more.
What steps should I take right after being hit by a car?
Call 911 and seek medical attention immediately. Stay at the scene if possible and wait for police to make a report. Take photos of the scene, gather driver and witness information, and avoid admitting fault. Document everything and keep records of your treatment and recovery.
Can I still sue if I was crossing unlawfully (jaywalking) or partially at fault?
Yes. New York follows a ‘pure comparative negligence’ rule, meaning even if you were partly at fault (for example, crossing outside a crosswalk), you can still recover compensation, reduced by your percentage of fault.
What kinds of damages can I pursue?
If you’re eligible to sue, you can recover both economic and non‑economic damages. Economic damages include medical expenses, rehabilitation, lost wages, and property damage. Non‑economic damages cover pain and suffering, emotional distress, and reduced quality of life.
Who can be sued, and what about insurance?
Usually the negligent driver (and their insurer) is responsible. But depending on circumstances, you might also have claims against the vehicle owner, a commercial carrier, or a government entity if poor road conditions or faulty signals contributed. No‑fault insurance covers medical expenses and lost wages regardless of fault, but lawsuits may seek broader damages.
What is the deadline for filing a lawsuit if I was hit by a car while crossing?
In New York, the statute of limitations for most personal injury claims is three years from the date of the accident. If you miss that deadline, you lose your right to sue. Some exceptions apply for government defendants or wrongful death cases.
What evidence will support my claim?
Strong evidence includes the police report, photos or videos of the scene, witness statements, surveillance footage, and medical records. An attorney can help preserve and collect this evidence quickly before it’s lost.
What if the driver fled the scene (hit‑and‑run)?
If the driver fled, report it immediately. If the driver is later identified, you can proceed as usual. If not, you may rely on your own uninsured motorist coverage or other applicable insurance policies.
Why you should speak with a New York City personal injury lawyer
An attorney can help evaluate your injuries, investigate fault, handle insurance negotiations, and pursue full compensation. Legal representation is particularly important in pedestrian accidents because of the complexities of New York’s insurance and fault laws.
Final Thoughts
Yes — if you’re hit by a car while crossing the street in New York, you can often sue, depending on the severity of your injuries and who was at fault. Act quickly: seek medical care, document everything, and consult an experienced NYC pedestrian accident lawyer. Contact Roth & Khalife LLP for a free consultation to learn your rights and options.