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Long Island Pedestrian Accident Lawyer

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Long Island Pedestrian Accident Lawyer | Palermo Law

long island pedestrian accident lawyers Every year, hundreds of pedestrians on Long Island are struck by motor vehicles — many suffering life-altering injuries that take months or years to heal. If you or a loved one was hit by a car, truck, or bus while walking in Nassau County or Suffolk County, you need an experienced Long Island pedestrian accident lawyer on your side immediately. Our Long Island personal injury attorneys have helped hundreds of injured pedestrians

At Palermo Law, our Long Island pedestrian accident attorneys have been fighting for injured pedestrians for over two decades. We personally handle every case, maintain nine office locations across Long Island, and never charge a fee unless we win. Call us today for a free, no-obligation consultation.

Why Choose Palermo Law as Your Long Island Pedestrian Accident Attorney?

Not all personal injury firms are alike. Here is what sets Palermo Law apart from other Long Island pedestrian accident law firms:

  • Personal Attention from a Senior Attorney: Attorney Steven Palermo personally oversees every case from start to finish. You will work directly with an experienced trial attorney throughout the entire process.
  • 25+ Years of Proven Results: Since 1994, Palermo Law has focused on personal injury law. We have obtained numerous million-dollar verdicts and settlements for injured pedestrians and their families.
  • Nine Convenient Locations Across Long Island: We maintain offices in Hauppauge, Huntington, Babylon, Patchogue, Riverhead, East Hampton, Mineola, Carle Place and Elmont. We also offer home and hospital appointments, plus after-hours and weekend availability.
  • No Fee Unless We Win: We work entirely on a contingency basis. There are no upfront fees, no hidden costs, and no charge whatsoever unless we recover compensation for you.
  • Trial-Ready Preparation: Many firms settle cases quickly to save time. We prepare every case as if it is going to trial. This trial-ready approach gives us the leverage to negotiate maximum compensation from insurers.
  • 400+ Five-Star Client Reviews: Our clients consistently rate us among the best personal injury law firms on Long Island on Google, Avvo, Lawyers.com, and Facebook.

Pedestrian Accidents on Long Island: What You Need to Know

Long Island’s roads, from the busy intersections of Hempstead Turnpike to the Villages of Huntington and Babylon to the downtown streets of Riverhead, see a disproportionately high number of pedestrian accidents. Nassau County alone recorded 485 pedestrian accidents in 2023, a 16% increase over the prior year. Statewide, the problem mirrors national trends: the NHTSA reports that pedestrian fatalities are one of the only road-user categories still trending upward year over year.

Unlike drivers and passengers, pedestrians have no metal frame, airbags, or seatbelt to protect them. When a 4,000-pound vehicle strikes a person on foot, the resulting injuries are almost always catastrophic. That is why it is critical to speak with a Long Island pedestrian accident attorney as soon as possible after a crash.

Leading Causes of Pedestrian Accidents in Nassau County and Suffolk County

Most Long Island pedestrian accidents are caused entirely or primarily by driver negligence. The most common causes include:

  • Distracted Driving: Texting, GPS use, eating, and other distractions cause drivers to miss pedestrians in crosswalks and along roadsides. Distracted driving is the single leading contributing factor in pedestrian crashes nationally.
  • Failure to Yield the Right of Way: New York law requires drivers to yield to pedestrians in marked and unmarked crosswalks. Failure to yield is the second most common cause of pedestrian collisions on Long Island.
  • Drunk or Impaired Driving: According to the NHTSA, nearly 20% of all pedestrian fatalities involve a driver with a blood alcohol content above the legal limit.
  • Speeding: Excessive speed reduces a driver’s reaction time and dramatically increases the severity of injuries when a pedestrian is struck. A pedestrian hit at 40 mph has a much lower chance of survival than one hit at 20 mph.
  • Unsafe Backing: Drivers reversing out of driveways and parking lots, particularly in busy areas like shopping centers and malls, represent a significant and often underestimated danger to pedestrians.
  • Obstructed Sightlines: Parked cars, overgrown landscaping, poorly designed intersections, and inadequate lighting can prevent drivers from seeing pedestrians in time to stop.
  • Running Red Lights and Stop Signs: Aggressive driving and running traffic controls places pedestrians lawfully crossing intersections at severe risk.
  • Hit-and-Run Drivers: Some motorists flee the scene after striking a pedestrian. Even in these cases, compensation may still be available through your own uninsured motorist coverage or the Motor Vehicle Accident Indemnification Corporation (MVAIC).

Common Injuries in Long Island Pedestrian Accidents

Pedestrian accident injuries range from moderate to life-threatening. Because pedestrians absorb the full force of a collision with no protective barriers, the injuries sustained are often far more severe than those in vehicle-to-vehicle crashes. Injuries we commonly see in our pedestrian accident cases include:

  • Traumatic brain injuries (TBI) and concussions
  • Spinal cord injuries, including partial or complete paralysis
  • Broken and fractured bones — legs, arms, hips, and pelvis
  • Internal organ damage and internal bleeding
  • Soft tissue injuries, torn ligaments, and muscle damage
  • Severe lacerations, road rash, and permanent scarring
  • Amputations and limb loss
  • Wrongful death

If your injury meets New York’s ‘serious injury’ threshold, which includes fractures, significant disfigurement, permanent limitation of use of a body organ, or being unable to perform normal daily activities for 90 of the first 180 days following the accident, you have the right to pursue a personal injury claim against the at-fault driver. Our attorneys will assess your injuries at no charge during your free consultation.

What to Do After a Pedestrian Accident on Long Island

The steps you take in the hours and days immediately following a pedestrian accident can have a significant impact on the strength of your case. Follow these steps to protect yourself:

1. Seek Medical Attention Immediately: Even if you feel fine, get checked out by a medical professional as soon as possible. Adrenaline commonly masks pain after traumatic events, and many serious injuries — including internal bleeding and traumatic brain injuries — may not present obvious symptoms at first. Prompt medical documentation is also critical for your legal claim.
2. Call the Police: A police accident report is an essential piece of evidence. Officers will document the scene, take statements, and create an official record of what happened. Request a copy of the report or get the report number.
3. Document the Scene: If you are physically able to do so safely, photograph the accident scene, the vehicle that struck you, your injuries, skid marks, traffic signals, and any relevant road conditions. Gather names and contact information from any witnesses.
4. Report the Accident to the Driver’s Insurance Company: As a pedestrian struck by a vehicle in New York, you are entitled to no-fault (PIP) benefits through the driver’s insurer. You have only 30 days from the date of the accident to file a no-fault application. Missing this deadline may result in denial of your medical bills and lost wages.
5. Do Not Give Recorded Statements to Insurance Adjusters: The driver’s insurance company will likely contact you quickly. Do not give any recorded statement, sign any documents, or accept any settlement offer without first consulting with a Long Island pedestrian accident attorney. Anything you say can be used to minimize or deny your claim.
6. Contact Palermo Law for a Free Consultation: The sooner you retain legal representation, the better. Early involvement allows us to preserve critical evidence, meet important deadlines, and begin building your case immediately.

Critical Legal Deadlines for Long Island Pedestrian Accident Claims

New York law imposes strict deadlines on pedestrian accident claims. Missing any of these deadlines can permanently forfeit your right to compensation:

  • 30 Days — No-Fault Application: You must file a no-fault (PIP) application with the at-fault driver’s insurance company within 30 days of the accident to receive coverage for medical bills and lost wages. This is a hard deadline.
  • 3 Years — Personal Injury Lawsuit: New York’s statute of limitations gives pedestrian accident victims three years from the date of the accident to file a personal injury lawsuit against the at-fault driver.
  • 90 Days — Municipal Entity Accidents: If your accident involved a government vehicle or occurred due to a dangerous condition on public property, you may have as little as 90 days to file a Notice of Claim against the municipality. This window is dramatically shorter and often catches victims off guard.
  • 2 Years — Wrongful Death Claims: Families who lose a loved one in a fatal pedestrian accident have a two-year statute of limitations to file a wrongful death lawsuit.

Given these tight windows, contacting a Long Island pedestrian accident lawyer promptly is essential. At Palermo Law, we can identify all applicable deadlines during your free consultation and immediately begin the work needed to protect your claim.

What Compensation Can I Recover After a Pedestrian Accident?

Long Island pedestrian accident victims are typically entitled to recover two categories of damages: economic and non-economic.

Economic Damages (Calculable Financial Losses)

  • All medical expenses, including emergency room care, surgery, hospitalization, and specialist visits
  • Future medical costs and ongoing rehabilitation, physical therapy, and in-home care
  • Lost wages from time missed at work during recovery
  • Loss of future earning capacity if your injuries prevent you from returning to your prior occupation
  • Out-of-pocket expenses such as transportation to medical appointments and home or vehicle modifications
  • Reimbursement to your health insurer, Medicare, or Medicaid for any accident-related expenses they covered

Non-Economic Damages (Subjective Losses)

  • Physical pain and suffering, both past and future
  • Mental anguish, anxiety, and post-traumatic stress disorder (PTSD)
  • Loss of enjoyment of life and inability to participate in activities you once valued
  • Permanent disfigurement or disability
  • Loss of consortium (impact on family relationships)

The value of your case depends on the severity of your injuries, the amount of available insurance coverage, and the specific facts of your accident. At Palermo Law, we work with medical and economic experts to ensure that every dollar of your current and future losses is fully accounted for. We have secured numerous million-dollar recoveries for pedestrian accident victims on Long Island.

Understanding New York No-Fault Insurance in Pedestrian Accidents

New York is a no-fault insurance state, meaning that regardless of who caused the accident, certain benefits are paid through insurance automatically. As a pedestrian struck by a vehicle, you are entitled to file a no-fault (PIP) claim with the at-fault driver’s insurance carrier — not your own — because you were not an occupant of a vehicle at the time of the crash.

No-fault benefits cover:

  • Medical bills and treatment costs up to $50,000
  • Lost wages (up to 80% of your pre-accident earnings, capped at $2,000/month)
  • Household help during recovery
  • Transportation expenses to and from medical appointments

If your injuries and losses exceed the $50,000 no-fault limit — which happens frequently in serious pedestrian accidents — additional recovery comes through a personal injury lawsuit against the at-fault driver. Palermo Law handles all no-fault applications, correspondence, and coordination with insurance carriers on your behalf, at no extra charge.

How Palermo Law Proves Negligence in Your Pedestrian Accident Case

To win compensation for a Long Island pedestrian accident, we must establish that the driver (or another party) was negligent. Negligence requires proving four legal elements:

  • Duty of Care: Drivers on Long Island roads owe a legal duty to operate their vehicles safely and obey all traffic laws, including yielding to pedestrians at crosswalks.
  • Breach of Duty: The driver must have violated that duty — through distracted driving, speeding, running a red light, failing to yield, or another act of negligence.
  • Causation: The driver’s breach of duty must have directly caused the accident and your resulting injuries.
  • Damages: You must have suffered measurable harm — physical injuries, medical expenses, lost income, or other losses.

Evidence we gather and analyze on your behalf includes:

  • Police accident reports and detective notes
  • Surveillance footage from the scene
  • Witness statements from bystanders and other drivers
  • Driver’s cell phone records (to establish distracted driving)
  • Toxicology reports (in suspected drunk or drugged driving cases)
  • Expert accident reconstruction analysis
  • Medical records and expert testimony linking your injuries to the collision

Our Trial-Ready Approach — Why It Gets You More Money

Many personal injury law firms on Long Island settle cases quickly, sometimes too quickly, because they are not fully prepared to take a case to trial. This undercuts their ability to negotiate fair compensation, because insurance adjusters know these firms will accept low offers rather than face a courtroom.

At Palermo Law, we treat every pedestrian accident case as if it will go to trial from day one. We retain expert witnesses, complete thorough discovery, and build bulletproof liability and damages arguments. This preparation creates genuine leverage in settlement negotiations and consistently produces better outcomes for our clients, without the need for trial in the vast majority of cases.

New York’s ‘Serious Injury’ Threshold — Do You Qualify?

New York’s Insurance Law §5102(d) requires that a pedestrian accident victim meet a ‘serious injury’ threshold before they can bring a personal injury lawsuit against the at-fault driver. The following categories of injuries qualify:

  • Wrongful death
  • Dismemberment
  • Significant disfigurement
  • Fracture (broken bone)
  • Loss of a fetus
  • Permanent loss of use of a body organ, member, function, or system
  • Permanent consequential limitation of use of a body organ or member
  • Significant limitation of use of a body function or system
  • A medically determined injury that prevents the victim from performing substantially all normal daily activities for at least 90 of the 180 days immediately following the accident

Many injuries meet this threshold even when they do not seem obvious at first. Contact Palermo Law for a free consultation and we will evaluate whether your injuries qualify — at no cost and with no obligation.

Full-Service Representation: What Palermo Law Does for You

When you hire Palermo Law as your Long Island pedestrian accident lawyers, we take over every aspect of your claim so you can focus entirely on healing. Our services include:

  • Completing and filing your no-fault application on time and following up with the carrier to ensure benefits are being paid
  • Applying for lost wage benefits through no-fault insurance
  • Coordinating all Independent Medical Exams (IMEs) required by the no-fault carrier
  • Investigating the accident scene, obtaining police reports, and securing surveillance footage before it is deleted
  • Retaining accident reconstruction experts, medical professionals, and economic analysts to document the full scope of your losses
  • Handling all communications with the defendant’s insurance company — including protecting you from signing releases or giving statements
  • Negotiating aggressively for a full and fair settlement
  • Filing a personal injury lawsuit in Nassau County or Suffolk County Supreme Court if a fair settlement cannot be reached
  • Taking your case all the way through trial and verdict if necessary

Frequently Asked Questions — Long Island Pedestrian Accident Cases

How much is my Long Island pedestrian accident case worth?
The value of your case depends on many factors: the severity of your injuries, your medical expenses (past and future), your lost income, the amount of insurance coverage available, and the strength of the liability evidence. Cases involving serious or permanent injuries, high medical bills, or significant lost earning capacity can be worth hundreds of thousands or even millions of dollars. Palermo Law will provide a thorough case evaluation at no charge.

What if the driver who hit me had little or no insurance?
Even if the at-fault driver was uninsured or underinsured, you may still have options. You may be able to pursue a claim through your own uninsured/underinsured motorist (UM/SUM) coverage if you have an auto policy, or through MVAIC — the Motor Vehicle Accident Indemnification Corporation — which provides compensation to victims of accidents involving uninsured or hit-and-run drivers in New York. We will identify every available source of recovery in your case.

What if I was partly at fault for the accident?
New York follows a ‘pure comparative negligence’ rule, meaning you can still recover compensation even if you were partially at fault. Your recovery is simply reduced by your percentage of fault. For example, if you were 20% at fault and your total damages were $500,000, you could still recover $400,000. Do not let an insurance company convince you that being partially at fault means you have no case.

How long will my pedestrian accident case take?
The timeline varies depending on the complexity of your injuries, the amount in dispute, and whether litigation is necessary. Cases with clear liability and defined injuries may resolve within months. Cases involving severe or permanent injuries, disputed liability, or insurance company resistance may take one to three years or longer. We keep you fully informed at every stage and never rush a settlement at the expense of fair compensation.

What does it cost to hire a Long Island pedestrian accident lawyer at Palermo Law?
Nothing upfront. We work entirely on a contingency fee basis. Our fee is one-third (1/3) of your bodily injury recovery, and only if we win. We advance all litigation costs and never charge for handling no-fault or property damage matters. If we do not win, you owe us nothing.

What should I bring to my free consultation with Palermo Law?
You are not required to bring anything — we will work with whatever information you have. However, if you have access to any of the following, it will help us evaluate your case quicker:

  • Police accident report or incident report number
  • Medical records and bills from all treating providers since the accident
  • Documentation of missed work and lost income
  • Photos of the accident scene, vehicle, and your injuries
  • Insurance information for the driver who struck you
  • Any correspondence from insurance companies
  • Names and contact information for any witnesses

About Palermo Law — Long Island’s Pedestrian Accident Law Firm

Palermo Law was founded in 1994. Attorney Steven Palermo joined the firm in 1997, and by the early 2000s the firm shifted its focus to personal injury law — a commitment that has never wavered. For over two decades, Steven Palermo has personally overseen every car and pedestrian accident case that comes through the firm’s door. He has never represented an insurance company and never will.

Today, Palermo Law serves pedestrian accident victims throughout Nassau County and Suffolk County from nine convenient Long Island locations: Hauppauge, Huntington, Babylon, Patchogue, Riverhead, Elmont, East Hampton, and Mineola. For clients unable to travel, we offer home and hospital visits as well as evening and weekend appointments.

Our clients have left over 400 five-star reviews across Google, Avvo, Lawyers.com, and Facebook — making us one of the most highly rated personal injury law firms on Long Island.

Call Our Long Island Pedestrian Accident Lawyers Today — Free Consultation

If you or a loved one was struck by a vehicle while walking anywhere on Long Island — in a crosswalk, on a sidewalk, in a parking lot, or anywhere else — Palermo Law is ready to fight for you. We offer a free, no-obligation consultation at any of our nine Long Island office locations, or we can come to you.

There is no risk and no cost to speak with us. And remember: the 30-day no-fault filing deadline begins the day of your accident — do not wait.

Contact Palermo Law Today for Your Free Pedestrian Accident Consultation

Additional Resources for Long Island Pedestrian Accident Victims