What should I do after an Uber or Lyft accident in New York?

After a rideshare accident, your priority should be safety and documentation. Call 911, seek medical attention, and make sure a police report is created. Take photos of the vehicles, the scene, and any visible injuries. Obtain the driver's information and confirm whether they were working for Uber or Lyft at the time. Do not speak to insurance companies before consulting a lawyer.

Who pays for my injuries in an Uber or Lyft accident?

It depends on what the driver was doing at the time of the crash. If the driver was actively transporting a passenger or on the way to pick one up, Uber or Lyft's insurance policy, typically up to $1,000,000, may apply. If the app was off, the driver's personal insurance is responsible.

Can I sue Uber or Lyft directly in New York?

In most cases, Uber and Lyft classify their drivers as independent contractors, which limits direct lawsuits against the companies themselves. However, their insurance policies are still available, and in certain situations, additional legal theories may apply depending on the facts of the case.

What if I was a passenger in the Uber or Lyft?

If you were a passenger, your claim is typically stronger because you are rarely at fault. You may be able to recover compensation through Uber or Lyft's insurance policy, the driver's personal insurance, or another driver involved in the crash.

How long do I have to file a lawsuit in New York?

In most personal injury cases in New York, you have three years from the date of the accident to file a lawsuit. However, if a government entity is involved, you may have as little as 90 days to file a Notice of Claim.

What if the Uber or Lyft driver was not at fault?

You may still have a claim against another negligent driver involved in the accident. In many cases, multiple insurance policies may be available, including Uber or Lyft's coverage and third-party liability policies.

Will my case go to court?

Many Uber and Lyft accident cases settle before trial, but insurance companies often only offer fair compensation when they know you are prepared to litigate. HaddLegal prepares every case as if it is going to trial to maximize leverage during settlement negotiations.

How much is my Uber or Lyft accident case worth?

The value of your case depends on several factors, including the severity of your injuries, medical treatment, lost income, and long-term impact on your life. There is no one-size-fits-all answer.

Do I have to pay upfront to hire HaddLegal?

No. HaddLegal handles Uber and Lyft accident cases on a contingency fee basis. That means you pay nothing upfront, and the firm only gets paid if it recovers compensation for you.

Home » Car Accidents » Pedestrian Accident

NYC · Nassau · Suffolk

NEW YORK'S
PEDESTRIAN ACCIDENT ATTORNEY

Hit while walking? New York’s no-fault law may already cover your medical bills — before anyone proves who was at fault. Most people never find out.

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Randy Haddad, Esq.

Founder, HaddLegal · Admitted to the New York State Bar · J.D., New York Law School

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      Last updated: August 27, 2026
    

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Hit by a car while walking in New York

If you were struck by a car, truck, bus, Uber, Lyft, delivery van, e-bike, or scooter while walking, you are facing an insurer that began building its defense before you left the emergency room.

Under Vehicle and Traffic Law §1146, every driver must exercise due care to avoid striking a pedestrian. When a driver fails that duty, the violation itself becomes evidence of negligence.

READ THIS FIRST

Who pays your medical bills right now

Most injured pedestrians assume they have to prove fault before anyone pays for treatment. In New York, that is wrong.
Under Ins. Law §5103, a pedestrian struck by a motor vehicle is covered by that vehicle’s no-fault policy — up to $50,000 in medical expenses and lost earnings, regardless of who caused the crash. You file form NF-2 with the driver’s insurer, generally within 30 days. Miss that window and the benefits can be denied outright, even in a case you would otherwise win.

The NYC Right of Way Law

New York City has a pedestrian protection that exists nowhere else in the state. Under NYC Admin. Code §19-190, a driver who strikes a pedestrian or cyclist who has the right of way commits a misdemeanor — not merely a traffic infraction.

A §19-190 charge changes the posture of the civil case immediately. It establishes an official finding on right of way, it creates a criminal record the carrier must account for, and it makes the “I never saw them” defense considerably harder to run in front of a jury.

Injuries in pedestrian collisions

A pedestrian has no crumple zone, no airbag, and no restraint. The injury pattern is distinct — and it typically involves two impacts, not one.

Lower leg and knee fractures

Bumper-height impact. Tibia, fibula, and tibial plateau fractures are the signature pedestrian injury.

Pelvic and hip fractures

Hood-edge contact, frequently requiring surgical fixation and months of non-weight-bearing recovery.

Traumatic brain injury

Usually from the secondary impact with the windshield or pavement, not the vehicle itself.

Spinal cord damage

Unrestrained impact and ground strike produce fracture patterns rarely seen in occupant cases.

Degloving and road rash

Drag and slide injuries causing permanent scarring, a separate element of damages in New York.

Internal organ injury

Torso compression against the hood or pillar, often not apparent at the initial ER visit.

"You weren't in the crosswalk"

This is the first thing the adjuster will say, and it is rarely the end of the claim.

VTL §1151

Drivers must yield to pedestrians in an unmarked or marked crosswalk. Unmarked crosswalks exist at most intersections whether or not anything is painted on the street.

VTL §1152

Crossing outside a crosswalk requires yielding — but it does not license a driver to hit you. The due care duty under §1146 still applies.

VTL §1411

New York uses pure comparative negligence. Being found 40% at fault reduces your recovery by 40%. It does not eliminate it.

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Pedestrian cases we handle

Crosswalk collisions →

Left-turn strikes →

Hit-and-Run →

Uber and Lyft →

Trucks and delivery vans →

E-bikes and scooters →

MTA buses →

Children struck walking to school →

Pedestrian wrongful death →

What to do after being hit

Hour 1

Call 911. Insist on a police report and an ambulance, even if you feel able to walk.

Day 1

Get the plate number and insurer. Photograph the crosswalk, signals, and sightlines.

Day 30

No-fault NF-2 deadline. Nearby business and traffic camera footage is typically overwritten.

Day 90

Notice of Claim due if a city, MTA, or DSNY vehicle was involved.

Do not give a recorded statement before speaking with a lawyer. In pedestrian cases those calls come early, and the questions are built to establish that you stepped out suddenly.

Serving New York City and Long Island

Frequently Asked Questions About New York Pedestrian Accident Cases

What should I do if I was hit by a car while walking in New York?

You should call 911, get medical treatment, report the accident, preserve evidence, avoid recorded insurance statements, and contact a New York pedestrian accident lawyer as soon as possible.

Can I sue if I was hit in a crosswalk?

Yes. If a driver failed to yield, failed to use due care, made an unsafe turn, ran a light, or otherwise caused the crash, you may have a claim for compensation.

Can I still recover money if I was not in the crosswalk?

Possibly. Insurance companies often argue that a pedestrian was outside the crosswalk to shift blame. But even if there is an issue of comparative fault, you may still be able to recover compensation under New York law.

What if the driver says they did not see me?

A driver’s claim that they did not see a pedestrian does not automatically excuse the crash. Drivers are required to keep a proper lookout, use due care, and avoid colliding with pedestrians.

What if I was hit by an Uber or Lyft driver?

You may have a claim against the driver and potentially access to rideshare insurance coverage depending on whether the driver was logged into the app, waiting for a ride, on the way to pick up a passenger, or transporting a passenger.

What if I was hit by a truck or commercial vehicle?

Truck and commercial vehicle pedestrian accidents may involve the driver, vehicle owner, employer, contractor, delivery company, or commercial insurance carrier. These cases require immediate investigation.

What if the pedestrian accident was a hit-and-run?

You may still have options. Depending on the facts, recovery may be available through no-fault benefits, uninsured motorist coverage, other vehicle insurance, or additional responsible parties.

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

Many New York personal injury cases are subject to a three-year statute of limitations, but some cases have much shorter deadlines. Claims involving the City of New York, public authorities, municipal vehicles, or certain government entities may require a Notice of Claim within 90 days.

How much is my pedestrian accident case worth?

The value depends on liability, injuries, medical treatment, lost income, future damages, pain and suffering, available insurance coverage, and whether the injuries are permanent.

How much does HaddLegal charge for a pedestrian accident case?

There is no fee unless we win. The consultation is free.

You are not just dealing with an accident.

You are dealing with insurance companies, defense attorneys, and a system designed to reduce your claim. We fight back. Call now for a free consultation. No fee unless we win.