Pedestrian Accidents
NY Personal Injury Lawyer

Pedestrian Accident Attorney New York City

We accept personal injury cases on contingency, which means you pay nothing unless and until we win the case for you.

With a population of nearly 8,400,000 people according to the United States Census Bureau, pedestrian accidents are bound to happen in and around New York City. However, size and overcrowding of the city don’t justify speeding, failing to yield right of way, texting while driving, running a red light, and other common negligent actions by motorists that typically cause pedestrian accidents. Traffic laws are there for a reason, and all people must obey them whether they’re on the freeway, a parking lot, or at a crosswalk. You may have a legitimate personal injury lawsuit if you sustained serious injuries as a pedestrian and can prove negligence by the other party.

Reach Out to a Pedestrian Accident Lawyer from O’Dwyer & Bernstien Today

O’Dwyer & Bernstien, a personal injury law firm located in New York City, is available now to take your pedestrian accident case. As a local law firm with a history dating back more than a century, O’Dwyer & Bernstien has a reputation for aggressively pursuing maximum compensation for those affected by a car accident, pedestrian accident, wrongful death, or other types of personal injury claim.

When you hire a personal injury lawyer from our law office, you pay no fee for the consultation or your lawyer’s services. New York enforces a three-year statute of limitations for personal injury and only 90 days to one year for claims against the government.

What Qualifies as a Pedestrian Accident?

Sometimes New Yorkers are under the mistaken impression that the term pedestrian accident only refers to people struck by a car when walking on foot. While this is one of the most common reasons that injured pedestrians hire a personal injury attorney, a pedestrian accident can also involve people using the following equipment colliding with a motor vehicle:

  • Bicycle
  • Motorized scooter
  • Rollerblades
  • Skateboard

It also refers to joggers and runners who sustain a pedestrian injury.

Common Causes of Pedestrian Injury in New York

According to the Department of Motor Vehicles in New York State, approximately five percent of car crashes each year involve pedestrians. Alarmed by this statistic, the Governor’s Traffic Safety Committee distributed $468,000 for pedestrian and bicyclist safety improvement projects in 2018. While that’s a good start at solving the problem, we know it’s of little comfort when you’re suffering from pedestrian accident injuries while dealing with mounting medical bills and pain or disability at the same time.

Perhaps you recognize one of the common causes of pedestrian accidents listed below because the same thing happened to you. 

Alcohol and Drug Use:

Like most other states, New York enforces a maximum blood alcohol concentration of .08 percent to define legal intoxication. This percentage drops to .04 for drivers of commercial vehicles such as delivery drivers and long-distance truckers. The state also prohibits driving under the influence of any mind-altering drug like marijuana or cocaine. Despite this, far too many New York drivers risk their own safety and that of other drivers, passengers, and pedestrians when they get behind the wheel obviously impaired.

Distracted Driving Accidents:

Texting, eating, reaching to turn the radio station, and paying more attention to passengers in the car than the road ahead can all lead to a preventable car accident that seriously injures or kills a pedestrian. Remember that our law firm also assists with wrongful death cases if you have lost a loved one in a pedestrian accident.

Failure To Yield Right Of Way:

Pedestrian Laws in New York require drivers to yield the right of way to people crossing the street on foot, bicyclists, and those using other non-motorized forms of transportation. This includes both controlled and non-controlled intersections. Drivers must also take care not to strike pedestrians walking on the far-left side of roadways when no sidewalks are available.

Nighttime Driving Conditions:

It’s more challenging for drivers to see pedestrians in a crosswalk or on the side of the road at night, which naturally leads to more accidents and serious injuries. This is especially true when the pedestrian wears dark clothing. However, your clothing choices don’t excuse the driver from looking and slowing down to ensure no pedestrians are in his or her path.


Drivers must slow down when approaching an intersection or driving in areas where pedestrians tend to gather. According to the National Highway Traffic Safety Administration, pedestrian fatalities occur in five percent of cases when the driver was traveling at a speed of 20 miles per hour or less. Sadly, the percentage of pedestrian fatalities jumps to 80 percent when the vehicle travels at a speed greater than 40 miles per hour.

Don’t worry if you don’t see the specific cause of your pedestrian accident listed here. O’Dwyer & Bernstien work with all types of personal injury regardless of how the accident occurred.

Pedestrian Accident Injuries Among the Most Serious of All Types of Personal Injury

A human being weighing up to a few hundred pounds is no match for a car or truck that weighs several tons more. Even motorcyclists who face bigger risks than other motorists can cause pedestrian fatalities or injuries.

The following are some of the most typical types of pedestrian accident injuries:

Broken Bones Injuries:

You can break any bone in your body in a pedestrian accident. Sadly, some victims suffer multiple broken bones from which they never fully recover.

Burns and/or Road Rash Injuries:

You can suffer from serious burns if the vehicle starts on fire near you or your body drags on the ground after impact. Both can require extensive medical treatment.

Muscle And Ligament Injuries:

Although less serious than broken bones, the pain and discomfort from this type of pedestrian injury can linger for years and greatly diminish your quality of life.

Spinal Cord Injuries:

Breaking your spinal cord could mean you will never walk or use your arms again depending on the point of impact and location of the break. Injuries can still be serious even when you don’t end up with paraplegia or quadriplegia.

Traumatic Brain Injuries:

A TBI can affect you for years in ways that others can’t always see. You may struggle with cognitive processing, mood regulation, extreme fatigue, and brain fog, for example, in addition to the more obvious physical symptoms like a balance disorder or memory issues.

Proving Liability in Your New York Pedestrian Injury Case

Your pedestrian accident lawyer from O’Dwyer & Bernstien will first prove that the driver who struck you had a duty to protect your safety and failed in that duty through negligent actions. Courts specifically look at whether another person considered prudent and reasonable would have behaved in the same manner.

If the driver failed in his or her duty to you, it may be possible to collect financial compensation for your medical expenses, time missed from work, damage to property, physical and emotional pain and suffering, and several other areas of compensation. We invite you to contact our law office to request a free consultation to help you learn more about the process of filing a personal injury lawsuit.

Timing is essential, remember we accept personal injury cases on contingency, you pay nothing unless and until we win.