What should I do after a pedestrian accident in New York City?

New York City is one of the most pedestrian-dense environments in the world. When a motor vehicle strikes a pedestrian, the physical consequences are almost always severe.

The NYC Right of Way Law (Admin Code § 19-190)

Under NYC Administrative Code § 19-190, drivers who fail to yield the right of way to pedestrians in marked crosswalks with a walk signal or green light commit a misdemeanor if they cause physical injury. This statutory violation can serve as compelling evidence of negligence (negligence per se) in civil injury claims.

Whose Insurance Pays for the Pedestrian’s Medical Bills?

Under NY Insurance Law § 5103, the insurance company of the vehicle that struck the pedestrian is primary for paying the pedestrian’s No-Fault medical bills and lost earnings up to $50,000, regardless of whether the driver or pedestrian was at fault.