Brooklyn Pedestrian Accident Lawyer

Brooklyn’s bustling streets see thousands of pedestrians every day. While walking is a common way to get around the borough, pedestrians face serious dangers from distracted drivers, speeding vehicles, and reckless motorists. If you’ve been hit by a car in Brooklyn, you deserve compensation for your injuries and losses. Parker Waichman LLP helps pedestrian accident victims recover the damages they need to rebuild their lives. Our Brooklyn pedestrian accident lawyer team has recovered millions for injured clients and stands ready to fight for you. Call (718) 554-8055 today for a free consultation—we work on contingency, so you pay nothing unless we win your case.

Why Choose Parker Waichman LLP for Your Brooklyn Pedestrian Accident Case

When you’re injured in a pedestrian accident, you need an attorney who understands both the law and the impact of your injuries. Parker Waichman LLP brings decades of experience handling pedestrian accident claims throughout Brooklyn and New York. Our firm has recovered over $2 billion for clients across all practice areas, including a $4.5 million settlement for a pedestrian accident victim who suffered life-altering injuries. Our attorneys hold a Martindale-Hubbell AV Preeminent rating, the highest possible rating for legal ability and ethical standards. We’re recognized by Best Lawyers in America for personal injury litigation and have been named to The National Trial Lawyers Top 100 list. We operate on a contingency fee basis, meaning you pay nothing upfront—we only collect a fee if we recover compensation for you. Our Brooklyn office is located at 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, and we offer free consultations 24/7 to discuss your case.

How Pedestrian Accidents Happen in Brooklyn

Pedestrian accidents in Brooklyn occur for many reasons, and understanding what caused your accident is the first step toward holding the responsible party accountable. Common causes of pedestrian accidents include:

• Distracted driving (texting, phone use, eating, or other distractions)
• Failure to yield to pedestrians at crosswalks or intersections
• Speeding or driving too fast for conditions
• Impaired driving (alcohol or drug use)
• Reckless driving and aggressive behavior

Brooklyn’s dense urban environment creates unique hazards for pedestrians. The borough has high foot traffic, busy intersections, and narrow streets where vehicles and pedestrians share space constantly. Drivers who fail to pay attention or follow traffic laws put pedestrians at serious risk. Many accidents happen at intersections where drivers turn without checking for pedestrians or run red lights. Others occur on residential streets where speeding drivers don’t slow down for pedestrian safety.

Types of Injuries Pedestrians Suffer

Pedestrian accidents often result in severe injuries because pedestrians have no protection from the impact of a vehicle. The injuries you suffer depend on the speed of the vehicle, the point of impact, and your overall health. Common injuries from pedestrian accidents include:

• Fractures and broken bones (legs, arms, ribs, pelvis)
• Traumatic brain injury (TBI) and concussions
• Spinal cord injuries and paralysis
• Internal bleeding and organ damage
• Soft tissue injuries (sprains, strains, lacerations)

Some pedestrian accidents cause minor injuries that heal within weeks. Others result in catastrophic injuries that change your life forever. A pedestrian hit by a vehicle traveling at 20 miles per hour has a 90-95% survival rate with only a 1% chance of death. However, at 40 miles per hour, the survival rate drops to just 15%, with approximately 40% risk of death. Even low-speed accidents can cause serious injuries if the pedestrian is elderly, a child, or already has health conditions. Traumatic brain injuries may not show symptoms immediately, but can cause long-term cognitive problems, memory loss, and personality changes. Spinal cord injuries can result in partial or complete paralysis, requiring lifelong care and support.

Understanding No-Fault Insurance and Pedestrian Claims

New York operates under a no-fault insurance system that applies to pedestrian accident claims. This system requires that your own insurance company (or the at-fault driver’s insurance) pay your medical expenses and lost wages up to your policy limits, regardless of who caused the accident. This coverage is called Personal Injury Protection (PIP).

PIP covers reasonable and necessary medical treatment, including hospital stays, surgery, rehabilitation, and ongoing therapy. It also covers lost wages if your injuries prevent you from working. However, PIP has limits. In New York, PIP typically covers up to $50,000 in medical expenses and lost wages combined.

The no-fault system has an important limitation: you can only pursue additional damages beyond PIP if you meet the “serious injury threshold.” This threshold means your injuries must be significant enough to qualify. Serious injuries include fractures, permanent disfigurement, permanent loss of bodily function, or injuries that prevent you from performing your normal activities for at least 90 days. If your injuries meet this threshold, you can file a personal injury lawsuit against the at-fault driver to recover additional compensation for pain and suffering, emotional distress, and other damages.

What Damages Can You Recover?

If your pedestrian accident injuries meet New York’s serious injury threshold, you can recover two types of damages: economic and non-economic.

Economic damages compensate you for financial losses directly caused by your accident. These include medical treatment costs (hospital bills, surgery, medications, therapy), future medical treatment and rehabilitation, assistive devices (wheelchairs, walkers, braces), home modifications to accommodate disabilities, and lost wages from time away from work.

Non-economic damages compensate you for the pain, suffering, and reduced quality of life caused by your injuries. These include physical pain and suffering, emotional distress and anxiety, loss of enjoyment of life, scarring and disfigurement, and loss of consortium (the impact on your relationships). In some cases, if the at-fault driver’s conduct was particularly reckless or intentional, you may also recover punitive damages designed to punish the wrongdoer and deter similar behavior.

The value of your case depends on the severity of your injuries, the strength of liability evidence, your medical expenses, your lost wages, and how your injuries affect your daily life. Parker Waichman LLP evaluates all these factors to determine the fair value of your claim.

Steps to Take After a Pedestrian Accident

Immediately after a pedestrian accident, your health and safety come first. Follow these steps to protect yourself and strengthen your legal claim:

• Seek medical attention right away, even if you feel fine—some injuries appear hours or days later
• Call 911 and report the accident to police
• Document the accident scene with photos of vehicle damage, street conditions, traffic signals, and your injuries
• Gather contact information from witnesses who saw the accident
• Get the driver’s name, phone number, address, insurance information, and vehicle details
• Do not admit fault or apologize for the accident
• Do not sign any documents or agree to settlements without speaking to an attorney

After you receive medical care, contact Parker Waichman LLP as soon as possible. The sooner we begin investigating your accident, the better we can preserve evidence and build a strong case. Insurance companies often try to minimize payouts to pedestrian accident victims, but our attorneys know how to negotiate fair settlements and litigate cases when necessary.

Frequently Asked Questions

How long do I have to file a pedestrian accident lawsuit in Brooklyn?

While New York law generally gives you three years to file a lawsuit against private drivers, claims against the City of New York, the MTA (subway/bus), or other government entities have much stricter deadlines. You typically must file a Notice of Claim within 90 days of the accident. If you were hit by a city bus, sanitation truck, or police vehicle, missing this short window can permanently bar your claim. Don’t wait—contact us immediately to ensure all deadlines are met. Don’t wait to contact an attorney.

What if I was partially at fault for the pedestrian accident?

New York follows a “comparative negligence” rule. Even if you were partially at fault, you can still recover damages, but your recovery is reduced by your percentage of fault. For example, if you were 20% at fault and your damages total $100,000, you would recover $80,000. New York’s comparative negligence rule allows recovery even if you are more than 50% at fault—your compensation is simply reduced by your percentage of responsibility.

How much is my pedestrian accident case worth?

The value of your case depends on many factors: the severity of your injuries, your medical expenses, your lost wages, how long your recovery takes, whether you have permanent injuries, and the strength of liability evidence. Parker Waichman LLP has recovered millions for pedestrian accident victims. We evaluate your specific situation to determine fair compensation.

Do I need an attorney for a pedestrian accident claim?

While you can file a claim without an attorney, insurance companies often undervalue claims from unrepresented victims. An experienced pedestrian accident attorney ensures you receive fair compensation and handles all negotiations and legal proceedings. We work on contingency, so you pay nothing upfront.

What is the difference between a settlement and a verdict?

A settlement is an agreement between you and the at-fault party’s insurance company to resolve your claim for a specific amount. A verdict is a decision made by a judge or jury after trial. Most cases settle before trial, but Parker Waichman LLP is prepared to litigate aggressively if the insurance company refuses to offer fair compensation.

How long does a pedestrian accident case take?

The timeline varies depending on the complexity of your case and whether it settles or goes to trial. Simple cases may settle within months. Complex cases with serious injuries may take one to three years. We keep you informed throughout the process.

Will my case go to trial?

Most pedestrian accident cases settle without going to trial. However, Parker Waichman LLP is fully prepared to take your case to trial if necessary. We have the experience and resources to litigate complex cases and have achieved substantial verdicts for our clients.

Contact Parker Waichman LLP for Your Free Consultation

If you’ve been injured in a pedestrian accident in Brooklyn, don’t face the insurance company alone. Parker Waichman LLP offers free consultations to discuss your case and explain your legal options. Our attorneys work on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. We serve pedestrian accident victims throughout Brooklyn and surrounding areas. Call (718) 554-8055 today to schedule a consultation. We’re available 24/7 to answer your questions and help you get the recovery you deserve.

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• Traumatic Brain Injury from Accidents: Long-Term Effects and Compensation
• Spinal Cord Injuries: Catastrophic Damage and Recovery
• Brooklyn Car Accident Lawyer: Recovering Damages for Vehicle Collisions