Hit by a Car While Walking in Queens? Your Rights as a Pedestrian

Who pays your medical bills — even though you were not in a car

People are surprised to learn that a pedestrian gets New York no-fault benefits. You do: medical treatment and a share of lost earnings, up to the basic $50,000, paid without anyone having to prove fault. For a pedestrian struck by an insured vehicle, those benefits generally come from the policy covering the car that hit you. The written application is due within 30 days — the deadline that sinks more pedestrian claims than any other. Details are in our no-fault guide and who pays medical bills after a crash.

If the driver fled or had no insurance and no one in your household owns an insured car, the claim goes to the state's fund of last resort, MVAIC, which has its own short notice periods. We cover that in hit by an uninsured driver.

The rules drivers are held to

A driver in New York has a general duty to exercise due care to avoid hitting any pedestrian — anywhere, not just in crosswalks — under Vehicle and Traffic Law § 1146. On top of that, drivers must yield to pedestrians in a crosswalk when the walk signal is on, and turning drivers must yield to people already crossing. In New York City, a driver who strikes a pedestrian with the right of way can also face penalties under the city's Right of Way Law, part of the city's Vision Zero program.

The most common Queens fact patterns we see:

• A left-turning driver who was watching oncoming traffic and never looked at the crosswalk.
• A driver backing out of a driveway or a supermarket lot on Union Turnpike or 164th Street.
• A car running a light, or speeding through a yellow, on a six-lane boulevard.
• A delivery van or truck making a wide right turn with a blind spot on the passenger side.

What if you were jaywalking or crossing against the light?

You may still have a claim. Under CPLR 1411, your own share of fault reduces what you recover in proportion. Since a 2026 amendment there is one limit in a case like this: in a motor-vehicle injury claim, recovery is barred if your share of the fault is greater than the driver’s. Below that line the reduction is proportional, so a pedestrian found 30% at fault for crossing mid-block still recovers 70% of the damages from a driver who was speeding or looking at a phone. That rule governs any lawsuit filed on or after May 26, 2026, even if the accident happened earlier. We explain how that math works in our comparative negligence guide. Insurers raise jaywalking in nearly every pedestrian case; it is a negotiating position, not a verdict.

Getting past the serious injury threshold

To recover pain and suffering beyond no-fault, New York requires a "serious injury." Pedestrian injuries clear that bar more often than car-occupant injuries do — fractured legs, hips and wrists, head injuries, and knee and shoulder tears that require surgery are all common. What decides it in practice is the medical record: prompt treatment, consistent follow-up, and imaging that documents the injury. Gaps in treatment are what insurers use to argue the injury was minor.

The first steps that protect the claim

• Get the police report number and the driver's plate and insurance. If you were taken by ambulance, ask a family member to go back for it.
• Photograph the scene within days — the crosswalk, signal, sightlines, any cameras on nearby storefronts. Business video is often overwritten within a couple of weeks.
• File your no-fault application within 30 days.
• If a city vehicle hit you — a Sanitation truck, an NYPD car, a city bus — a notice of claim is due within 90 days. See the 90-day notice of claim rule.

Most pedestrian injury lawsuits must be filed within three years, but the evidence and the notice deadlines disappear much faster. See our pedestrian accident practice for how we build these cases.

Common questions

Does no-fault insurance cover a pedestrian hit by a car in New York?

Yes. A pedestrian struck by an insured vehicle can receive no-fault benefits for medical bills and lost earnings, generally through the policy covering the vehicle that hit them. The application must be filed within 30 days.

Can I sue if I was hit while jaywalking in Queens?

Often, yes. Your share of fault reduces your recovery in proportion, and drivers must use due care to avoid pedestrians even outside crosswalks. Since a 2026 amendment, a motor-vehicle injury claim is barred if your share of fault is greater than the driver’s; which rule applies can depend on the timing of your case.

How long do I have to sue after being hit by a car as a pedestrian in New York?

Generally three years from the accident for a claim against a private driver. If the vehicle belonged to New York City or a public authority, a notice of claim is due within 90 days and the lawsuit usually within one year and 90 days.

What if the driver who hit me drove away?

Report it to the police immediately. A hit-and-run driver is treated as uninsured, which opens uninsured motorist coverage in your household or, if there is none, a claim through MVAIC with its own short notice deadline.

What is a pedestrian accident claim worth?

It depends on the injury, the treatment, lost income, and the available insurance. Our pain and suffering calculator gives a rough starting range, but every case turns on its medical record.

This page is general information about New York law. It is not legal advice, and reading it does not create an attorney-client relationship with Davidov & Cohen Law. To talk about your own situation, tell us what happened.