Do Pedestrians Always Have The Right-Of-Way?

Although pedestrians have the right-of-way in various scenarios, there are also moments when they may be at fault for an accident. For example, if a pedestrian is waiting on the side of the road to cross and they're not in a crosswalk, they might become impatient and jump out into traffic without checking first. If this happens and they get hit by a car, the pedestrian may be held partly liable because crossing at that moment was unsafe. Although it is less common, if a pedestrian gets hit by a car while they are in a crosswalk, the pedestrian may be found partially liable. If the pedestrian darted out into traffic without having the right of way and there was no walk signal, then the courts may find thatthe crash was partially the fault ofthe pedestrian.

What Are Arterial Streets? And Why Do 60% Of Brooklyn’s Pedestrian Fatalities Occur On Them?

According to NYC’s Vision Zero Action Plan for Brooklyn, many pedestrian fatalities occur on arterial roads. Arterial roads are high-capacity urban streets that move traffic between collector roads and freeways or expressways. Some of the main arterial roads in Brooklyn are: Atlantic Avenue Flatbush Avenue Ocean Avenue Myrtle Avenue Rockaway Parkway 4th Avenue 86th Street Although arterial roads only make up 14% of Brooklyn's street network, they are the site of 60% of pedestrian fatalities. These roads are often wider with higher speed limits and more complicated traffic patterns.

Can I Still Be Compensated If I’m Being Blamed For A Pedestrian Accident In New York?

In New York, you can still be compensated for your injuries even if you were 99% at fault. However, if you share responsibility for an accident, the amount of compensation you receive will be reduced by your percentage of fault. For example, if you were 30% responsible for a pedestrian accident and the driver of a vehicle was 70% responsible, your eventual compensation would be decreased by 30%.

Brooklyn Pedestrian Accident Lawyers

Injured In An Accident?

Call Rosenberg & Rodriguez, PLLC

(718) 509-4960

Pedestrian Accident Lawyer Brooklyn, NY

Walking in Brooklyn shouldn’t be dangerous. But every day, pedestrians are struck by distracted drivers, speeding motorists, and reckless cyclists. At crosswalks. On sidewalks. In parking lots. Even standing at bus stops.

When a vehicle hits someone on foot, the injuries are catastrophic. There’s no metal frame or airbag to absorb the impact. Pedestrians suffer broken bones, traumatic brain injuries, spinal cord damage, and internal bleeding. Some never walk again. Some don’t survive.

Our Brooklyn, NY pedestrian accident lawyer is here to help. At Rosenberg & Rodriguez Personal Injury Lawyers, we secured a $250,000 jury verdict for a pedestrian who suffered a fractured arm and back after being struck by a vehicle. We’ve recovered an $875,000 settlement in a difficult liability case, a $225,000 settlement for a woman who tripped on a raised sidewalk, and jury verdicts exceeding $800,000. We’ve helped our clients recover millions of dollars from drivers and insurance companies that tried to avoid responsibility.

Why Choose Rosenberg & Rodriguez Personal Injury Lawyers for Pedestrian Accident Cases in Brooklyn, NY?

We Fight Insurance Company Tactics

Insurance adjusters know pedestrian cases often result in large verdicts. They work hard to minimize what they pay. They’ll dig through surveillance footage looking for anything to blame you. They’ll argue you were jaywalking, distracted by your phone, or wearing dark clothing at night.

We know how to defeat these arguments. Our $250,000 jury verdict for a pedestrian with a fractured arm and back proves we can win at trial. We’ve also secured:

• $875,000 settlement in a high-risk liability case

• $815,000 jury verdict

• $760,000 jury verdict

• $550,000 rear-end accident settlement

• $225,000 settlement for a woman who tripped on a raised sidewalk

• $220,000 settlement for a man struck by falling ceiling debris

If you need a personal injury attorney in Brooklyn, NY, our results demonstrate what we accomplish for accident victims.

Decades of Trial Experience

Ivan Rodriguez has practiced personal injury law in New York for 25 years. He has tried pedestrian accident cases in both State and Federal Courts and won verdicts when insurance companies refused fair settlements. That courtroom experience gives him leverage in every negotiation.

Laura Rosenberg has been licensed in New York and New Jersey since 2001. Super Lawyers has recognized her every year from 2019 through 2026, an honor given to fewer than 5% of attorneys. She is a member of the Brooklyn Women’s Bar Association, the New York State Bar Association, and the New York State Trial Lawyers Association.

We Handle Everything

After a pedestrian accident, you need to focus on recovery. We handle the legal battle. We communicate with insurance companies. We gather police reports, medical records, traffic camera footage, and witness statements. We calculate the full value of your claim and fight for every dollar you deserve.

Contingency Fee Representation

You pay nothing upfront. We advance all costs and only collect a fee if we win your case. This puts experienced attorneys in your corner without adding financial pressure during your recovery.

What Our Clients Say

⭐⭐⭐⭐⭐

“After my accident I was overwhelmed and didn’t know what to do. Rosenberg & Rodriguez Personal Injury Lawyers took my case and handled everything professionally. They kept me informed, fought for me, and got me a fair settlement. I highly recommend them to anyone who needs a personal injury lawyer.” – Hosna Noorzi

Read more reviews on our Google Business Profile.

Types of Pedestrian Accident Cases We Handle in Brooklyn, NY

Pedestrians face dangers throughout Brooklyn. We handle all types of pedestrian collision claims.

Crosswalk accidents. Drivers who fail to yield to pedestrians in marked crosswalks violate New York law. These crashes often occur when motorists are turning and fail to check for people crossing.
Intersection collisions. Even when pedestrians have the walk signal, distracted or impatient drivers run red lights and cause devastating injuries.
Sidewalk accidents. Vehicles jumping curbs, backing out of driveways, or losing control strike pedestrians where they should be safest.
Parking lot crashes. Drivers backing up without looking or speeding through lots strike shoppers and workers regularly.
Bus stop accidents. Pedestrians waiting for transit are struck by passing vehicles or by buses themselves.
Hit and run crashes. When drivers flee after striking pedestrians, we work with police, traffic cameras, and witnesses to identify them and pursue claims.
Truck accidents. Commercial trucks making turns have significant blind spots. Pedestrians struck by large vehicles suffer catastrophic injuries.
Bicycle accidents. Cyclists and e-bike riders traveling at high speeds can cause serious injuries when they strike pedestrians on sidewalks or in crosswalks.
Uber accidents. Uber and Lyft drivers distracted by their apps or stopping suddenly for pickups create hazards for pedestrians throughout Brooklyn.

Each case requires investigation into how the accident happened and who bears responsibility.

New York Legal Requirements for Pedestrian Accident Cases

New York has specific rules that protect people walking on public streets and affect injury claims.

Pedestrians Have Right of Way

Under New York Vehicle and Traffic Law, pedestrians have the right of way when crossing in marked crosswalks or at intersections with walk signals. Drivers must yield to pedestrians and exercise due care to avoid striking anyone on the roadway.

Even when pedestrians cross outside crosswalks, drivers must still take reasonable steps to avoid hitting them. The law does not give drivers permission to strike jaywalkers.

Vision Zero Initiative

New York City’s Vision Zero program aims to eliminate traffic deaths. The initiative has led to reduced speed limits throughout Brooklyn, enhanced crosswalk markings, leading pedestrian intervals at traffic signals, and increased enforcement against dangerous driving. When drivers violate Vision Zero-related rules, their negligence strengthens your injury claim.

No-Fault Insurance

New York’s no-fault system provides important protection for pedestrians. If you’re struck by a vehicle, the driver’s no-fault insurance covers your medical bills and lost wages up to $50,000, regardless of who was at fault.

To sue the driver for additional damages, you must meet the “serious injury” threshold under New York Insurance Law Section 5102(d). Qualifying injuries include fractures, significant disfigurement, permanent limitation of a body organ or member, and injuries preventing normal activities for 90 days within 180 days of the accident.

Most pedestrian accident victims easily meet this threshold because being struck by a vehicle causes severe injuries.

Statute of Limitations

New York’s statute of limitations gives you three years to file a personal injury lawsuit. For claims against government entities, such as city buses or accidents caused by defective street design, you must file a notice of claim within 90 days.

Comparative Fault

New York follows pure comparative negligence rules. You can recover damages even if you share some fault for the accident. Your recovery gets reduced by your percentage of responsibility.

Insurance companies aggressively argue that pedestrians caused their own injuries. An experienced attorney counters these arguments with traffic camera footage, witness statements, and accident reconstruction.

What Damages Can You Recover in a Brooklyn Pedestrian Accident Case?

Pedestrian accidents cause severe injuries because the human body has no protection against a moving vehicle. Compensation in these cases is often substantial.

Economic Damages

These cover your measurable financial losses:

• Emergency room visits, trauma surgery, and ICU stays

• Long-term hospitalization and rehabilitation

• Future medical treatment for permanent injuries

• Lost wages while you recover

• Reduced earning capacity if injuries affect your ability to work

• Home modifications if you require a wheelchair or mobility aids

• In-home care and assistance with daily activities

• Transportation to medical appointments

According to the National Highway Traffic Safety Administration, thousands of pedestrians die in traffic crashes annually, and many more suffer life-altering injuries. The CDC injury data confirms that pedestrian accidents cause significant trauma requiring extensive medical care.

Non-Economic Damages

New York allows compensation for pain and suffering, including:

• Physical pain from injuries and medical procedures

• Emotional trauma, anxiety, and fear of walking near traffic

• Loss of enjoyment of life and activities

• Permanent disability or disfigurement

• Loss of consortium affecting your relationship with your spouse

Pedestrian accidents frequently cause brain injuries when victims strike their heads on the pavement or the vehicle. Back injuries and neck injuries result from the force of impact. Soft tissue injuries may not appear on initial imaging but cause chronic pain.

Punitive Damages

When a driver’s conduct is particularly egregious, such as drunk driving, texting while driving, or fleeing the scene, New York courts may award punitive damages to punish the wrongdoer.

Contact Rosenberg & Rodriguez Personal Injury Lawyers

If you were struck by a vehicle while walking in Brooklyn, our firm can help you fight for the compensation you deserve.

We offer free consultations to accident victims. We’ll review your case, explain your options, and answer your questions. No obligation. No pressure.

Our contingency fee arrangement means you pay nothing unless we win. We advance all costs and only collect a fee when you recover compensation.

With over 100 combined years of experience, our attorneys understand how to build strong pedestrian accident cases and counter insurance company tactics.