Being struck by a vehicle as a pedestrian in Brooklyn can be life-altering in an instant. You have no crumple zone, no seatbelt, no airbag — just the full force of a car, truck, or bus against your body. Traumatic brain injuries, fractured pelvises, spinal damage, and lower extremity fractures that require multiple surgeries are common outcomes. The drivers and their insurers will have legal representation within days of the crash. You should too.
At The Stein Law Group, our Brooklyn personal injury attorneys represent pedestrians struck by vehicles throughout Kings County — in crosswalks, at intersections, on sidewalks, and in parking lots. We handle every aspect of your claim on a contingency basis, meaning you pay nothing unless we recover compensation for you.
Brooklyn’s Pedestrian Safety Crisis
Brooklyn is one of the most dangerous boroughs in New York City for people on foot. The combination of high vehicle volumes, dense residential populations, and major arterial roads — Atlantic Avenue, Flatbush Avenue, Fourth Avenue, and the approaches to the Brooklyn and Manhattan Bridges — creates conditions where pedestrian crashes occur regularly. New York City’s Vision Zero program has targeted specific Brooklyn corridors as priority areas for exactly this reason.
According to the New York City Department of Transportation’s pedestrian safety data, Brooklyn consistently ranks among the boroughs with the highest pedestrian injury and fatality counts. Speeding, failure to yield at crosswalks, red-light running, and distracted driving are the leading contributing factors in fatal pedestrian crashes citywide.
Common Pedestrian Accident Scenarios in Brooklyn
Pedestrian accidents in Brooklyn follow recognizable patterns. Understanding how they happen helps establish liability and counter the arguments insurers typically make to minimize payouts.
- Crosswalk knockdowns: Drivers failing to yield to pedestrians in marked or unmarked crosswalks — the most common scenario and one where liability is often clear under New York Vehicle and Traffic Law §1151.
- Red-light and stop sign violations: High-speed intersections on Brooklyn’s arterials produce severe injuries when drivers run signals. Traffic camera footage, if preserved quickly, is often decisive evidence.
- Turning vehicle strikes: Right- and left-turning vehicles that fail to check for pedestrians in the crosswalk during a signal phase — common at Brooklyn’s busy signalized intersections.
- Sidewalk strikes: Vehicles leaving the roadway and striking pedestrians on sidewalks — often involving loss of control, medical episodes, or DUI. Liability is straightforward but injuries are typically severe.
- Parking lot and driveway incidents: Drivers backing out of commercial parking lots or private driveways who fail to check for pedestrians.
- Hit and run: New York’s Motor Vehicle Accident Indemnification Corporation provides a compensation mechanism for pedestrians struck by unidentified or uninsured drivers when certain requirements are met. We handle the MVAIC claim process.
When the at-fault vehicle is operated by the City of New York, the MTA, or another public agency, a Notice of Claim must be filed within 90 days of the accident. Missing this deadline forfeits your right to sue regardless of how serious the injury.
No-Fault Insurance and Brooklyn Pedestrian Claims
Pedestrians struck by motor vehicles in New York are generally entitled to no-fault PIP benefits from the vehicle that struck them, covering medical expenses up to $50,000 regardless of fault. However, no-fault does not cover pain and suffering, and its wage replacement is capped. To pursue full compensation — including pain and suffering, lost future earnings, and permanent injury damages — you must bring a claim against the at-fault driver directly.
Because pedestrians have no vehicle of their own, they do not need to satisfy the serious injury threshold under Insurance Law §5102(d) the same way a driver in a car-on-car collision does. Pedestrians can generally pursue claims for all categories of loss without the same threshold restrictions, which is why well-represented pedestrian claimants often recover more than injured drivers with comparable injuries.
What Compensation Can Brooklyn Pedestrian Accident Victims Recover
| Category | What It Covers |
|---|---|
| Medical expenses | Emergency care, hospitalizations, surgeries, rehabilitation, future treatment costs above no-fault limits |
| Lost wages and earning capacity | Income lost during recovery and, for permanent injuries, diminished ability to earn in the future |
| Pain and suffering | Physical pain, emotional distress, anxiety, and the ongoing impact of permanent injuries |
| Loss of enjoyment of life | Activities, hobbies, and quality of life the injuries prevent the victim from experiencing |
| Wrongful death damages | Financial support, services, and guidance the deceased would have provided to surviving family members |
When a pedestrian crash in Brooklyn results in a death, our Brooklyn wrongful death lawyers represent the surviving family under New York’s wrongful death statute, EPTL 5-4.1.
Frequently Asked Questions About Brooklyn Pedestrian Accidents
What should I do immediately after being struck by a vehicle in Brooklyn?
Call 911 and get medical attention even if you believe your injuries are minor — adrenaline often masks the severity of trauma, and documented medical evaluation from the day of the crash is essential to your claim. If you are physically able, photograph the scene, the vehicle, and any visible injuries. Get the driver’s name, insurance information, and license plate. Obtain contact information for any witnesses. Do not give a recorded statement to the driver’s insurance company before consulting an attorney.
Can I recover compensation if I was crossing outside of a crosswalk?
Yes. New York’s pure comparative fault rule means that even if you were jaywalking or crossing against a signal, you may still recover damages — your compensation is reduced by your percentage of fault, but not eliminated. A pedestrian found 40% at fault still recovers 60% of total damages. Drivers have an independent duty to exercise reasonable care and avoid striking pedestrians regardless of where they are crossing. Insurers will argue your fault aggressively to reduce their payout; our job is to counter those arguments with evidence.
What if the driver who hit me fled the scene?
New York’s Motor Vehicle Accident Indemnification Corporation provides compensation to pedestrians struck by hit-and-run or uninsured drivers. The MVAIC claim process has specific filing requirements and deadlines, and the compensation available is subject to limits different from a standard liability claim. Our attorneys handle MVAIC filings as part of representing hit-and-run victims throughout Brooklyn.
How long do I have to file a pedestrian accident claim in Brooklyn?
Three years from the date of the accident for a standard personal injury claim against a private driver. If the vehicle was operated by a city agency or the MTA, a Notice of Claim must be filed within 90 days of the accident, with the lawsuit to follow within one year and 90 days. For MVAIC hit-and-run claims, the filing window is different still. Missing any of these deadlines forfeits your right to compensation regardless of how serious the injury. Contact us as soon as possible after a crash to protect your timeline.
What if a vehicle struck me on the sidewalk, not in the road?
Being struck on a sidewalk typically results in the clearest liability because drivers have no right to operate vehicles on the sidewalk. These crashes frequently involve loss of control, DUI, or medical episodes, and they produce some of the most severe injuries we see. Sidewalk strikes often qualify for punitive damages where the driver’s conduct was reckless or intentional. We investigate the full circumstances to pursue every category of recovery available.
Talk to The Stein Law Group About Your Brooklyn Pedestrian Accident
If you were struck by a vehicle as a pedestrian in Brooklyn, the time between the crash and your first call to an attorney matters. Evidence disappears, witnesses become unavailable, and insurance companies begin building their defense before you have even been discharged from the hospital. Our Brooklyn pedestrian accident lawyers are available to review your case, explain your options, and take over all communications with the at-fault driver’s insurer from day one.
We work on a contingency fee basis — no upfront costs, no fee unless we win. To schedule a free consultation, please contact our office today.