Brooklyn Pedestrian Accident Lawyer for Injured Walkers
Brooklyn’s crowded avenues and intersections are dangerous for people on foot. When a driver hits you, we pursue full compensation.
Pedestrian Crashes Across Brooklyn
Heavy foot traffic along Atlantic Avenue, Flatbush Avenue, and dense neighborhood intersections makes Brooklyn one of the riskiest boroughs for pedestrians. A person struck by a car, bus, or truck often suffers fractures, head injuries, or worse. Our pedestrian accident attorneys represent injured walkers throughout Brooklyn.
Proving the Driver Was Negligent
Pedestrians have the right of way in crosswalks under New York’s Vehicle and Traffic Law, reinforced by New York City’s Right of Way Law. Drivers who fail to yield, make careless turns, speed, or run red lights are at fault. We move quickly to secure traffic and business surveillance video, the police report, and witness statements before they are lost.
Your Right to No-Fault and Full Compensation
As an injured pedestrian, you can usually claim no-fault benefits from the striking vehicle’s insurer for initial medical bills and lost wages. When your injury meets the serious-injury threshold of Insurance Law § 5102(d), you can also sue the driver for pain and suffering. Hit-and-run victims may turn to uninsured-motorist coverage.
Why Fast Action Matters After a Brooklyn Pedestrian Crash
The strongest pedestrian cases are built in the first days. Intersection and business surveillance video is often overwritten within a week, skid marks fade, and witness memories blur. We move immediately to preserve footage, obtain the police report, and identify cameras near the scene. If a government vehicle or a defective crosswalk is involved, a notice of claim may be due within 90 days, so early legal help is critical.
Speak With a Brooklyn Pedestrian Accident Lawyer
We take on the insurers and prepare your case for trial in Kings County. You pay nothing unless we win. Contact us for a free review.
Where pedestrians are struck in Brooklyn
Brooklyn, 2025
- 24,303 reported crashes
- 13,971 people injured
- 2,835 pedestrians injured
- 1,681 cyclists injured
Brooklyn records more pedestrian injuries than any other borough. The concentrations follow the wide commercial corridors: Atlantic Avenue, Flatbush Avenue, Fourth Avenue and the approaches to the Brooklyn and Manhattan Bridges, where long crossings meet turning traffic.
The situations that come up repeatedly in these cases:
- A left turn across a crosswalk The driver is watching for a gap in oncoming traffic rather than for people already crossing with the signal.
- A vehicle blocking the crosswalk A pedestrian steps around a stopped truck or bus and is struck by a vehicle that never saw them.
- Backing out of a driveway or loading bay Common along the commercial stretches, and often captured on a nearby business camera.
- A right turn on a wide avenue The driver clears the near lane and accelerates into the crossing.
Drivers owe a duty of care toward people on foot regardless of the specific signal rules, under VTL § 1146. That duty matters when a driver argues a pedestrian was outside the crosswalk.
What to do after being hit by a car in Brooklyn
- Make sure the police are called The report identifies the vehicle and the driver. Without it, an insurer can dispute that the crash happened as described, and an unidentified vehicle becomes far harder to pursue.
- Accept the ambulance even if you feel able to walk Head injuries and internal bleeding often present hours later, and the emergency record is the clearest link between the crash and the injury.
- Record the vehicle details yourself if you can Plate, colour, make and the company name on any commercial vehicle. Passers by who stop are also worth noting.
- Note the cameras around you Shops, residential buildings and buses along the avenue often hold footage, and much of it is overwritten within a week or two.
- Apply for no-fault benefits A pedestrian struck by a vehicle claims these from the insurer of the vehicle, not from their own policy. The application has its own short deadline.
Do not give a recorded statement to the driver’s insurer before you know the extent of your injuries. You are not required to, and those statements are usually taken while the picture is incomplete.
New York law
The statutes that apply to this kind of claim
Each provision below links to its official text published by the New York State Senate. How a statute applies depends on the facts of a specific case.
Drivers must exercise due care
Drivers have a duty of care toward pedestrians and cyclists on the roadway, on top of the specific rules on right of way and signals.
Definition of serious injury
To sue for pain and suffering after most motor vehicle crashes, an injury has to meet the statutory definition of serious injury. The list includes a fracture, significant disfigurement, permanent loss of use of a body organ or member, and significant limitation of use of a body function or system.
Three year limit on personal injury actions
Most personal injury cases in New York must be filed within three years of the date of the injury. Several situations change that period, including claims against a public agency and claims on behalf of a child.
Comparative fault
Being partly at fault does not end a claim in New York. Compensation is reduced in proportion to the share of fault assigned to the injured person.
This summary is general information about New York law, not legal advice about your situation. Deadlines have exceptions, and some of them are short. Speak with an attorney about the facts of your case.
What compensation can an injured Brooklyn pedestrian recover?
No-fault benefits cover initial medical care and partial lost wages. If your injury is serious under Insurance Law § 5102(d), you can also recover pain and suffering, future medical costs, and full lost earnings from the at-fault driver.
How quickly should I act after a pedestrian accident?
Quickly. Surveillance video is often overwritten within days, and government-related claims can require a notice of claim within 90 days. Early action preserves both evidence and deadlines.
Can I recover if I was jaywalking?
Often yes. Under comparative negligence your recovery is reduced by your share of fault but not barred, and the driver still owes a duty of care to avoid hitting you.
Reviewed by
Erik Ikhilov, Esq.
Founding Partner & Personal Injury Attorney, Ikhilov & Associates
Founding partner of Ikhilov & Associates and New York personal injury attorney. Admitted to practice in New York, registration number 2550754.
Full biographyTalk to a lawyer about your case in Brooklyn
A case review costs nothing and puts you under no obligation. We work on a contingency fee, so there is no fee unless we recover compensation for you.