Pedestrian Injury Claims

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Subin Law and the former Subin Associates.

Pedestrians are the most vulnerable road users in New York City. They have no protection from vehicles, debris, and hazards in the urban environment. When a driver’s negligence, an unsecured load, a defective pedestrian ramp, or an unsafe sidewalk causes a pedestrian injury, the consequences are almost always serious, and legal responsibility for preventing them is clearly defined.

Subin Law represents people seriously injured in pedestrian accidents across New York City. These cases arise from a wide range of incidents and involve distinct legal frameworks depending on where and how the injury occurred.

How Pedestrian Injuries Occur

Pedestrian injuries in New York City arise from a broader range of circumstances than most people recognize.

Crosswalk and intersection collisions happen when drivers fail to yield to pedestrians with the right of way, run red lights or stop signs, turn without checking for foot traffic, or drive while distracted or impaired. Sidewalk incidents occur when vehicles lose control and mount the curb, when trucks and buses make wide turns onto pedestrian pathways, or when construction equipment operates where pedestrians are present. Unsecured loads on commercial vehicles create flying debris hazards that strike pedestrians without warning. Defective pedestrian ramps, broken curb cuts, and poorly maintained crosswalks cause trip-and-fall injuries reflecting infrastructure failures rather than driver conduct.

Each scenario involves a distinct set of responsible parties and a legal framework for establishing liability. Identifying the applicable framework and building the case accordingly is where the legal work begins.

Legal Responsibility

Drivers in New York City bear a specific legal duty to exercise reasonable care to avoid injuring pedestrians under New York Vehicle and Traffic Law and common law negligence principles.

Under New York Vehicle and Traffic Law § 1151, drivers must yield the right of way to pedestrians in marked and unmarked crosswalks. Failure to yield establishes a direct basis for negligence liability. Where a driver violates a traffic safety statute and causes pedestrian injury, the negligence per se doctrine applies, creating a presumption of negligence that shifts the burden to the defendant.

New York applies a pure comparative negligence standard under CPLR Article 14-A, meaning a pedestrian’s recovery is reduced by their percentage of fault but is not barred entirely, even if partially responsible. This standard makes careful reconstruction of the incident critical to presenting the injured person’s case favorably. If a vehicle operator, trucking company, or for-hire vehicle service caused the injury, the employer bears vicarious liability for the driver’s negligence under respondeat superior principles. Where a municipality’s failure to maintain pedestrian infrastructure caused the injury, the municipal liability framework and its 90-day Notice of Claim requirement apply.

Building the Case

Pedestrian injury cases require immediate evidence gathering. Traffic camera footage, surveillance recordings, witness accounts, and police reports must be secured before they become unavailable. Vehicle data, including black box records and GPS tracking, establish driver speed and behavior before impact. Medical documentation links the injuries to the collision and the harm the claim seeks to recover.

In cases involving commercial vehicles, additional records such as driver logs, company safety policies, and vehicle maintenance histories help establish liability beyond the driver. Every case at Subin Law is built for trial from the start, so evidence gathering and liability analysis begin immediately.

What These Cases Involve

Pedestrian injuries include traumatic brain injury, spinal cord damage, multiple fractures, internal injuries, permanent disability, and fatalities. Because pedestrians have no protection at the moment of impact, the injuries they sustain often reflect the full force of the collision.

The financial and personal consequences extend past immediate harm, affecting a person’s ability to work, move independently, and manage daily life for years or permanently. Insurance carriers and defense teams evaluate these claims quickly, using experienced resources focused on minimizing exposure.

Subin Law takes a limited number of serious cases so each receives focused attention and a strategy built around its specific facts. Consultations are free and confidential. No attorney fees are charged unless compensation is recovered.

Contact Subin Law to discuss your case.

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Call us on: (212) LAW 1954

We will give you an honest assessment of your case and explain your legal options

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