Pedestrian accidents are among the most devastating personal injury cases our attorneys at Rosenberg & Gluck handle. The lack of a protective barrier or gear means your body absorbs the full impact of the collision.
Even low-speed collisions can leave you with serious injuries, costly medical bills, missed work, and financial strain. On top of all that, an insurance company is pushing you to settle before you’ve had a chance to consult a lawyer and find out what your injuries will cost.
The Long Island pedestrian accident lawyers at Rosenberg & Gluck LLP represent people who were struck by vehicles across Nassau County, Suffolk County, and New York City. We handle the insurance adjusters, build an evidence-backed claim, and fight for your maximum recovery.
Your consultation is free, and you pay no fee unless we recover compensation for you. Call (631) 451-7900 or contact us online today.
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Contact a Long Island Pedestrian Accident Lawyer today!
Why Do I Need a Long Island Pedestrian Accident Lawyer?
Pedestrian accident claims benefit from the help of an attorney because the injuries are often severe, the insurance process is more complicated than most people expect, and the driver's insurer will aggressively try to shift blame onto you for being in the road.
Extensive research shows that injured people who work with a lawyer typically recover much more compensation than they could on their own. According to a study published by Forbes, 91% of injury victims with a lawyer received a payout, compared to just 51% without one. Even after fees, represented claimants took home nearly three times more compensation.
Our Long Island pedestrian accident attorneys handle the specific challenges these cases present:
- Drivers and insurers blame pedestrians first. We gather available camera footage, witness statements, and accident reconstruction evidence to prove the driver — not you — caused the crash.
- Pedestrian injuries are often catastrophic. There is no steel frame protecting you. We document the full scope of your injuries and calculate both immediate and lifelong costs.
- No-fault insurance for pedestrians is confusing. We file your PIP claim, track every deadline, and make sure you receive the medical coverage you are entitled to while we build the liability case.
- Government claims have a 90-day deadline. If a dangerous crosswalk, missing signal, or poorly maintained sidewalk contributed to your accident, we file the Notice of Claim before time runs out.
Who Is Liable When a Pedestrian Is Hit by a Car on Long Island?
The negligent driver who struck you is the most obvious defendant, but multiple parties may share responsibility, and identifying all of them increases the insurance coverage available for your recovery.
- The driver: for speeding, running a red light, failing to yield at a crosswalk, texting, or making an unsafe turn. New York's Vehicle and Traffic Law Section 1151 requires drivers to yield to pedestrians in marked and unmarked crosswalks.
- A property owner: if poor lighting, an obstructed sidewalk, or a hazardous parking lot condition contributed to the crash
- A municipality or government agency: for dangerous intersections, broken traffic signals, faded crosswalk markings, or missing pedestrian infrastructure. Claims against government entities require a Notice of Claim within 90 days.
- A commercial vehicle operator or employer: if a delivery truck, rideshare vehicle, or company car struck you, the employer may be liable in addition to the driver
New York's comparative negligence rule allows you to recover damages even if you share some fault, so long as you were less than 51% responsible. If a court assigns you 20% responsibility for crossing outside the crosswalk, for example, you still collect 80% of your award.
Insurance companies use this rule aggressively in pedestrian cases, arguing you jaywalked, wore dark clothing, or were distracted by your phone. Our pedestrian accident attorneys anticipate these tactics and build the evidence to counter them.
How Does No-Fault Insurance Work for Pedestrians in New York?
If you were hit by a car while walking on Long Island, you are covered by the driver's no-fault insurance, even if you do not own a vehicle yourself. This is one of the most misunderstood parts of New York's insurance system.
The driver's Personal Injury Protection (PIP) policy pays up to $50,000 for your medical expenses, a portion of lost wages, and other basic economic losses. You must file an NF-2 application within 30 days of the accident to receive these benefits.
| What PIP Covers | What PIP Does Not Cover |
|---|---|
| Emergency room visits and hospitalization | Pain and suffering |
| Surgery and follow-up care | Emotional distress |
| Rehabilitation and physical therapy | Loss of enjoyment of life |
| 80% of lost wages (capped at $2,000/month) | Scarring or disfigurement |
| Prescription medications | Reduced earning capacity |
PIP benefits are critical because they pay your medical bills while your liability case is pending. But $50,000 runs out fast after a serious pedestrian accident — especially when trauma care at hospitals like Stony Brook University Hospital or NYU Langone Hospital–Long Island is involved.
Our attorneys file your NF-2 on time, track your PIP coverage, and build a separate liability claim that allows you to recover pain and suffering and other damages beyond what PIP covers.
Were you hit by a car while walking on Long Island? Call (631) 451-7900 for a free case review.
What Compensation Can You Recover After a Pedestrian Accident on Long Island?
To pursue damages beyond PIP, your injuries must meet the serious injury threshold defined by New York Insurance Law Section 5102(d). Many pedestrian accident injuries qualify because the force of a vehicle striking an unprotected person often results in fractures, head trauma, or permanent impairment.
Economic Damages
- Medical bills: emergency care, surgery, rehabilitation, and future treatment
- Lost wages and reduced earning capacity
- Out-of-pocket costs, including medical transport and home care
Non-Economic Damages
- Physical pain and long-term discomfort
- Emotional distress and anxiety
- Loss of enjoyment of daily activities
- Scarring or permanent disfigurement
Our attorneys calculate the full value of your pedestrian accident claim, including future medical costs, lifetime earning losses, and the long-term impact of your injuries, so the insurance company cannot close your case for less than it is worth.
What Causes Most Pedestrian Accidents on Long Island?
The National Highway Traffic Safety Administration (NHTSA) reports that pedestrian fatalities have reached their highest levels in decades. On Long Island, our pedestrian accident lawyers see these causes most frequently:
Drivers failing to yield at crosswalks: intersections along Hempstead Turnpike, Route 25A through Port Jefferson, and Deer Park Avenue are consistently dangerous for pedestrians
Distracted driving: texting, phone calls, and GPS use cause drivers to miss pedestrians stepping into crosswalks, especially in commercial areas like Farmingdale's Fulton Street corridor
Left-turn crashes: drivers making left turns focus on oncoming traffic and fail to see pedestrians already in the crosswalk
Speeding in school zones and residential areas: neighborhoods near Huntington Village, Patchogue, and Long Beach see pedestrian crashes where speed made injuries far worse than they should have been
Backing accidents in parking lots: shopping centers across Nassau and Suffolk Counties are common sites for pedestrian knockdown injuries involving SUVs and trucks with large blind spots
Each of these causes establishes driver negligence, and our attorneys can use available camera footage, accident reconstruction analysis, and police reports to prove it.
Ask Rosenberg & Gluck About Your Long Island Pedestrian Accident Claim
Q: Can I sue if I was hit while crossing outside the crosswalk on Long Island?
A: Yes, even if you were jaywalking, the driver still had a legal duty to exercise due care and avoid hitting you. New York's comparative negligence rule reduces your award by your share of fault.
Q: Who pays my medical bills after a pedestrian accident?
A: The driver's no-fault PIP insurance covers your initial medical expenses up to $50,000 — even if you do not own a car. You must file the NF-2 application within 30 days. Our attorneys handle that filing and any disputes that follow.
Q: What if the driver who hit me fled the scene?
A: You can still recover compensation. If you have auto insurance with UM coverage, your own policy may apply. If you do not own a vehicle, the MVAIC may provide coverage.
Our hit-and-run pedestrian accident lawyers on Long Island pursue every available source.
Q: How much is a pedestrian accident settlement worth on Long Island?
A: Every case depends on injury severity, recovery timeline, lost income, and long-term medical needs. Our attorneys evaluate every factor to pursue maximum recovery — and we do not accept lowball offers.
Why Choose Rosenberg & Gluck LLP for Your Pedestrian Accident Case?
Our Firm Has Focused Exclusively on Personal Injury Law for Decades
Ted Rosenberg and Michael Gluck founded this firm to do one thing: represent injured people on Long Island. More than four decades later, that mission has not changed.
Our attorneys handle complex injury and motor vehicle cases across Nassau and Suffolk Counties — and nothing else.
Results That Show Tenacity, Aggressive Representation, and Skill
We have a solid record of securing recoveries that Long Island injury victims need to make the best recovery possible.
Our Clients’ Words
Results show the mathematical outcome, but the comments our clients leave us show the human side of the process. They are the true measure of our success.
"The amount I could get for my case was limited due to New York's no-fault laws, yet this firm was able to obtain the maximum amount possible for me. They could have easily written my case off, but they went the extra mile. They are extremely professional, and Mr. Rosenberg met with me personally to finalize the settlement. I am glad I chose this firm." — Craig S.
Professional Distinctions That Reflect Real Performance
- Martindale-Hubbell AV Peer Review Rated: confidential evaluations from attorneys and judges who have observed our work firsthand
- Super Lawyers: limited to 5% of attorneys in the state through a multi-phase selection process
- Million Dollar and Multi-Million Dollar Advocates Forums: fewer than 1% of attorneys qualify
- National Trial Lawyers Top 100: selected based on courtroom results and trial record
We Support the Long Island Community We Serve
Our firm supports numerous local organizations, including Island Harvest, the Breast Cancer Research Foundation, and the Guide Dog Foundation for the Blind— organizations that serve Long Island families directly.
No Win, No Fee Guarantee
We advance all litigation costs and handle every pedestrian accident case on a contingency fee basis. You pay nothing up front or out of pocket unless we win your case.
We find the relief that injured pedestrians need. Call us now at (631) 451-7900 for a free case review.
Holtsville · 1176 Portion Rd | Garden City · 1225 Franklin Ave #325-C | Patchogue · 57 E Main St | Riverhead · 20 W Main St Suite 302
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Frequently Asked Questions About Pedestrian Accidents on Long Island
How long do I have to file a pedestrian accident lawsuit in New York?
New York’s statute of limitations generally allows three years from the accident date to file a pedestrian accident lawsuit. If your accident involved a government entity, such as a dangerous intersection maintained by a town or county, or a city vehicle, you must file a Notice of Claim within 90 days.
Wrongful death claims have a two-year deadline.
Can a pedestrian be at fault for an accident in New York?
Yes, but fault does not bar you from recovering compensation. New York's comparative negligence rule reduces your award by your percentage of responsibility, so long as you weren’t more than 50% at fault.
What if I do not own a car — can I still get insurance coverage after being hit?
Generally, yes, the driver's no-fault PIP policy covers you regardless of whether you own a vehicle. If the driver was uninsured or fled the scene, the MVAIC may provide coverage.
What injuries are most common in Long Island pedestrian accidents?
Broken legs, hip fractures, traumatic brain injuries, spinal cord damage, and internal organ injuries are the most frequent. Pedestrians have no protection from the force of a vehicle, so even low-speed crashes cause serious harm.
What does it cost to hire a pedestrian accident lawyer on Long Island?
Rosenberg & Gluck LLP handles pedestrian accident cases on a contingency fee basis. There is no upfront cost and no fee unless we recover compensation for you.
Can I sue if a child was hit by a car while walking to school on Long Island?
Yes, and New York law imposes heightened duties on drivers in school zones. A child pedestrian accident claim may involve the driver, a municipality responsible for school zone safety, or both. These cases have different statutes of limitations that depend on the child's age.
What should I do if the insurance company offers a quick settlement?
Do not accept it. Early offers rarely reflect the full cost of your injuries, especially when future surgeries, ongoing rehabilitation, or permanent impairment are involved. Let your attorney evaluate the offer against the actual value of your claim.
Were You Hit by a Vehicle While Walking on Long Island?
If a driver struck you while you were walking anywhere on Long Island, our pedestrian accident attorneys are ready to review your claim at no cost. Providing compassionate support, guidance, exceptional legal advocacy, and positioning your case for the outcome you need are what we do. Start your case today. Call (631) 451-7900 or contact us online today.
Complete a Free Case Evaluation form now