- If you’re hit by a car, get to safety, call 911 and get the driver’s information, or at least the plate number if the driver leaves.
- In New York, the car’s no-fault insurance generally pays a pedestrian’s medical bills and lost wages, no matter who caused the crash.
- Drivers must yield to pedestrians in crosswalks and use due care to avoid them, but a pedestrian’s own fault can reduce or, in some cases, bar a recovery.
You’re crossing the street, minding your own business, when a car hits you. What do you do next? Pedestrian crashes are one of the biggest dangers of getting around New York City, and there are steps both drivers and pedestrians can take to prevent them. But if it does happen to you, here’s what to do.
What to Do if You’re Hit by a Car
- Get to safety. If you’re alert and able to move, get out of the road. If you’re seriously hurt, stay still and wait for help.
- Call 911. Police and an ambulance will come to the scene. Even if you feel fine, let EMTs check you, since some injuries don’t show up right away.
- Get the driver’s information. Get their name, license, insurance and plate number. If the driver won’t cooperate, the police can collect it.
- If the driver leaves, note what you can. Get the plate number, make, model and color, and take a photo if you can. Report a hit-and-run to the police right away.
- Document the scene. Photograph the intersection, the traffic signal, your injuries and any damage, and get names and numbers from witnesses.
- Talk to a lawyer before talking to an insurer. Don’t give a recorded statement to the driver’s insurance company until you’ve gotten advice.
Who Is at Fault in a Pedestrian Accident?
The answer isn’t always clear-cut. Under New York law, drivers must yield to pedestrians in crosswalks and use due care to avoid hitting anyone in the road. In New York City, a driver who fails to yield and injures a pedestrian with the right of way can even face criminal charges. When the driver was breaking a traffic law, fault is usually clearer. Our pedestrian accident lawyers look at the signal timing, the driver’s speed and attention, and any video footage to show what really happened.
Common Questions About Pedestrian Accident Claims in New York
Who pays my medical bills if I’m hit by a car?
Usually the car’s no-fault insurance. In New York, a pedestrian hit by a car is generally covered for medical bills and lost wages under the vehicle’s no-fault policy, regardless of fault. If your injuries are serious, you can also bring a claim against the driver for pain and suffering and other losses.
What if the driver fled or had no insurance?
You may still be covered. If you don’t have your own auto policy, the Motor Vehicle Accident Indemnification Corporation (MVAIC) may cover you, but strict deadlines apply, including reporting a hit-and-run to the police within 24 hours and notifying MVAIC within 90 days.
What if I was jaywalking?
You may still recover. In most cases, your award is reduced by your share of the fault. For motor vehicle cases filed on or after May 26, 2026, though, a pedestrian found more at fault than the defendants combined may not be able to recover at all, which makes evidence of what the driver did especially important.
If you have been injured in any type of accident, you may need the help of an experienced personal injury attorney. Our attorneys have over a combined century of experience dealing with personal injury matters. Call The Law Offices of Richard M. Kenny to get your free consultation today.
Contact Our Experienced New York City Firm
To talk about what happened, call our office at (212) 421-0300 or request a free case evaluation online.
